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Recent NLRB Social Media Report Raises New Questions

As we have detailed in this blog and elsewhere, the National Labor Relations Board (?Ç£NLRB?Ç¥ or the ?Ç£Board?Ç¥) made social media cases a priority in 2011.?á As demonstrated in a recent memorandum released by the Board?ÇÖs Acting General Counsel, this trend is set to continue in 2012.?á Memorandum OM 12-31 summarizes 14 recent social media complaints received by the Board, and details the General Counsel?ÇÖs conclusions on each case.?á While the report reiterates many of the Board?ÇÖs previous pronouncements regarding social media, it also raises new questions about employer regulation of employee social media use, as well as permissible social media policy language.   A New Standard to Evaluate Employee Social Media Comments? Section 7 of the National Labor Relations Act (?Ç£NLRA?Ç¥) gives employees the right, among other things, ?Ç£to engage in . . . concerted activities for the purposes of collective bargaining or other mutual aid or protection?Ç¥ (emphasis… Continue Reading

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