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FMG Law Blog Line

NLRB Strikes Down Another Social Media Policy

Posted on: December 10th, 2012

By: David Cole
The NLRB has ruled that another social media policy is unlawful because it infringes on employees’ rights to engage in concerted activity.  This time, it looked at DISH Network’s social media policy, which stated that “you may not make disparaging or defamatory comments about DISH Network, its employees, officers, directors, vendors, customers, partners, affiliates or our, or their, products/services.”  Just as it did in the recent cases of Costco Wholesale Corp. and Karl Knauz Motors, Inc., the NLRB ruled that this policy unlawfully interfered with employees’ rights to engage in concerted activity by complaining about work conditions.  In addition, the policy banned employees from engaging in negative electronic discussion during “company time.” The NLRB ruled that this provision also was unlawful because it did not clearly convey to employees that solicitation can still occur during breaks and other non-working hours.

You may read the DISH Network Corp. decision here.  This is another reminder for employers to review their social media policies in light of these recent rulings.

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