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Extract from article by R. Douglas Harmon

According to this EmployNews report, the National Labor Relations Board continues to interpret the National Labor Relations Act to prohibit social media policies that restrict employees’ ability to publically complain about their working conditions, even when those communications may be disparaging to their employer. Most recently, Chipotle Mexican Grill bore the consequences of the NLRB’s efforts.

“The NLRB’s efforts to protect social media communications by employees has been picking up steam for several years, dating back at least to 2012. Since that time, numerous NLRB actions, including the Chipotle case, have made it clear that polices containing broad restrictions on employee social media use or vague or undefined definitions of restricted behavior will likely be problematic.”

 

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