The National Labor Relations Board (NLRB) has become increasingly involved in analyzing social media policies of employers in a wide range of industries. In August 2016, the NLRB found Chipotle did not violate the National Labor Relations Act (NLRA) when it required an employee to delete his Twitter comment about the restaurant chain’s low wages because this conduct was not a “concerted activity”; however, the NLRB found Chipotle’s social media policy barring employees from posting “incomplete, confidential, or inaccurate information” and “disparaging, false or misleading statements” was unlawful. The Board ordered Chipotle to cease and desist from prohibiting employees from posting on social media regarding wages and other terms or conditions of employment.
Employers must take steps to develop and implement clear and specific social media policies that will withstand Board scrutiny. Generally, employers should avoid overbroad policies, which may infringe upon employees’ legally protected rights. (e.g. preventing an employee from posting on social media sites regarding working conditions). As both state and federal regulations develop, employers should review and modify their policies to ensure compliance.
The attorneys at Tristan & Cervantes have worked with numerous employers to ensure their social media policies are enforceable under evolving case law. If you have any questions regarding this topic or your social media policy, please do not hesitate to contact us.
