NLRB, Social Media, and Employee Handbooks

Would your company’s employee handbook pass a National Labor Relations Board (NLRB) social media review and investigation?

 

The U.S. Chamber of Commerce highlighted some troubling notions in a report issued last week: “Theater of the Absurd: The NLRB Takes on the Employee Handbook” (Chamber Report). The Chamber Report notes that “through a series of decisions and official guidance, the National Labor Relations Board (NLRB) has undertaken a campaign to outlaw heretofore uncontroversial rules found in employee handbooks and in employers’ social media policies—rules that employers maintain for a variety of legitimate business reasons.”  When it comes to protecting concerted activity, the NLRB has been anything but consistent in its application of the law and subsequent decisions.

 

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