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The NLRB's Assault on Companies' Social Media Policies

By Bruce E. Buchanan

Over the past two years, the National Labor Relations Board (NLRB) has been aggressively pursuing employers in relation to their social media policies and the discharge of employees who utilized social media to criticize their employers about wages, hours and terms and conditions of employment. In this article, I discuss the NLRB's views on social media policies, through two recent NLRB decisions, and the eyes of the NLRB's General Counsel and its Administrative Law Judges. (Due to space restrictions, I do not focus on discharges related to social media, but leave that for another article.)

Background

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