Narrowly Tailored Social Media Policies Key to Employment Law Compliance

February 8, 2013 | Strategic Insights for Ambulatory Care


Keeping social media policies narrowly tailored and avoiding vague or overly broad language is key to ensuring compliance with employment law while protecting the organization’s interests, according to a January 7, 2013, article from the law firm Cozen O’Connor posted on The article reviews two key memoranda from the National Labor Relations Board (NLRB) that describe how the agency plans to enforce the National Labor Relations Act (NLRA) with regard to employers’ adverse employment decisions that result from employees’ social media posts and online behaviors. When an employer is contemplating taking adverse action, it must first ask whether the online activity constitutes “concerted activity” under NLRA. Such concerted activity would include, for example, surveying coworkers about employment conditions but would exclude “individual disputes” between an employee and employer. If the activity was “concerted activity,” the author states, employers should next determine whether it is protected under NLRA—that is, whether it discusses the terms and conditions of employment.

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