Our colleagues over at Mintz’s Employment Matters Blog have written about yet another finding from the National Labor Relations Board relating to a workplace social media policy. Have you looked at your company’s policy lately in light of these rulings?
The NLRB has again weighed in on workplace social media policies. And, consistent with its recent decisions in Costco Wholesale Corp. and Karl Knauz Motors, Inc., found DISH Network’s social media policy unlawful. Specifically, citing both cases, the Board found that DISH Network’s social media policy improperly banned employees from making “disparaging or defamatory comments about DISH Network.” The Board further found that the policy’s ban on negative electronic activities during “Company time” was unlawful because it failed to convey that negative discussion can occur during breaks and other non-working hours.