The NLRB issued its first decision on a social media policy on Sept. 7, 2012 ( Costco Wholesale Corp . ) finding the employer’s policy of preventing employees from posting statements that “damage the Company, defame any individual or damage any person’s reputation” as being unlawful. This was to be expected given the ever expanding interpretations of the NLRB’s General Counsel set forth in his three prior Guidance Memoranda on social media policies.
NLRB Social Media Decisions Leave Questions for Employers
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