Labor & Employment Partner Ken Jenero is featured in JD Supra's Legal Perspective on the topic of "Here's What's Missing from Your Company's Social Media Policy." He points out that "the National Labor Relations Act (NLRA) does apply to union and non-union employees alike. And employers are learning this all too frequently when their social media policies and related employment decisions are challenged through the filing of unfair labor practice charges."
In developing a social media policy for your company, Mr. Jenero suggests that employers make sure to "(1) eliminate provisions in their social media policies that the NLRB has determined to be unlawfully overbroad because of their chilling effect on employees' NLRA-protected rights, and (2) define or give illustrative examples of terms that the NLRB has identified as problematic in order to clarify that the provisions do not apply to NLRB-protected activities."
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