Generally speaking, a rule violates the National Labor Relations Act when it precludes employees from discussing terms and conditions of employment, or sharing information about themselves or their fellow employees with outside parties. Here are a few other examples of policies that unlawfully interfere with employees’ protected rights:
Rule 1: A rule prohibiting employees from discussing wages and conditions of employment with third parties.
The National Labor Relations Board (NLRB) has interpreted this policy to reasonably preclude employees from discussing terms and conditions of employment.
Rule 2: A rule prohibiting employee communications to the media, or requiring prior authorization for such communications.
The NLRB has long recognized employees’ rights to communicate labor disputes to the public.
Rule 3: A rule forbidding statements that are slanderous or detrimental to the company
The NLRB rule could be interpreted to apply to protected criticisms of the employer’s labor policies and treatment of employees.
Want to learn how to draft a lawful social media policy?
In my next webinar, I will teach you about important labor and employment law issues in the context of social media in the workplace and how to manage employee social media use.
January 22 | 12:00-1:30 est | $150 Live or OnDemand
1.5 Hours of CLE Credits Approved in Florida, Louisiana, South Carolina, and Nevada
Approval Pending in California and Georgia