Stoel Rives attorney Todd Hanchett reviewed in a Portland Business Journal article the significance of a series of National Labor Relations Board rulings that overturned employer social media policies for violating Section 7 of the National Labor Relations Act. Under Section 7, union and nonunion employees are permitted to engage in "concerted activity" for mutual aid or protection, including discussing wages or other conditions of employment.
Hanchett noted the rulings highlight the fact that broad prohibitions of employees' work-related communications on social media will not be viewed favorably by the NLRB. Examples include policies that prohibit "damaging" statements about the employer or restricting employees from posting items that "could be viewed as inappropriate."
Hanchett recommends that social media policies should clearly state that they are not intended to discourage employees from engaging in protected Section 7 activity. He also urges that other company policies, such as harassment and proprietary information policies, apply equally to employee use of social media.
Read the full article on the Portland Business Journal website
"Companies learn social media mores" was published by the Portland Business Journal, February 22, 2013.