On September 7, 2012, The NLRB issued its first decision involving an employer’s social media policies, a ruling that sets a precedent for future cases. The ruling in Costco Wholesale Corp. & UFCW Local 371 found several provisions of Costco’s employee handbook, including its social media policy, violated the law. NLRB Acting General Counsel Lafe Solomon today issued a third report on social media cases brought to the agency, this time focusing exclusively on policies governing the use of social media by employees.
The Operations Management Memo details seven cases involving such policies. In six cases, the General Counsel’s office found some provisions of the employer’s social media policy to be lawful. In the seventh case, the entire policy was found to be lawful. Provisions are found to be unlawful when they interfere with the rights of employees under the National Labor Relations Act, such as the right to discuss wages and working conditions with co-workers.