• Social Media Policies and Protected Concerted Activity Under the National Labor Relations Act
  • December 21, 2010 | Author: Robert M. Shea
  • Law Firm: Hinckley, Allen & Snyder LLP - Boston Office
  • As use of Facebook and other social networking sites continues to rise, many employers are adopting social media policies with rules for employees to follow when using social media in ways that may affect the employers' business interests. For example, such policies may prohibit blogging or postings that include any confidential or proprietary business information or that contain defamatory or discriminatory statements regarding coworkers or customers. Many social media policies go further and also prohibit disparaging and/or negative comments about the employer, management, co-workers or customers. A recent case has raised concern that such broad policies may be challenged as unlawful to the extent they restrict legally protected employee communications.