Jeffrey Berman and Erin Foley published in Human Resource Executive
"The Legal Ambiguities of Social Media"

Seyfarth Shaw Labor & Employment partners Jeffrey Berman (Los Angeles) and Erin Foley (Chicago) authored an article published on May 29 in Human Resource Executive on the legalities of employer regulations on social media. The article addresses employers who continue to look for guidance on issues related to the evolving use of social media by employees.

 Jeff and Erin begin their article by giving an overview of  the National Labor Relations Act (NLRA) as it could relate to social media. "In addition to concerns about the amount of time employees may be spending on the various forms of social media, and how that non-work activity may impact overall productivity, employers must also be mindful of the fact that the communications in which employees engage on these various media may be protected under the National Labor Relations Act (NLRA)."

Issues with social media, such as comments on work conditions or treatment by management, have shown instances of disciplinary action. However, Jeff and Erin advise, "Practically speaking, employers faced with such a situation should ask themselves a series of questions before taking any disciplinary action. Furthermore, these questions should be asked regardless of whether the communication was on social media, via old fashioned pen/paper or in the employee break-room or parking lot." Jeff and Erin conclude by providing several steps employers should take before reprimanding employees.

Click here to read the full article: http://www.hreonline.com/HRE/story.jsp?storyId=533347702 and the authors' list of likes and dislikes of the NLRB http://www.hreonline.com/pdfs/05012012Highlight_SocialMediaLikesDislikes.pdf