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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

>FTC Comes Down On Fake Video Game Review

>Most people who use online consumer reviews as an aid for decision-making recognize an inherent dilemma: how do you know whether the reviews are honest, consumer reviews, or phony reviews posted by a business owner, its competitor, or a paid reviewer? Apart from hit-or-miss strategies like ignoring reviews by one-time contributors or those with over-the-top review language (positive or negative), there really isn?ÇÖt a good way to distinguish the two. Cue the Federal Trade Commission, which this week settled an enforcement action brought against Reverb Communications ?Çô a public relations agency hired by video game developers to promote their products. The original complaint alleged that Reverb engaged in deceptive advertising practices by posting positive online game reviews in the iTunes Store that gave the impression that they were written by disinterested consumers, rather than by a paid advertising or PR firm. The terms of the settlement require Reverb, which admitted… Continue Reading

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