Section 7 of the NLRA gives employees the right to communicate with one another regarding their terms and conditions of employment. The judge struck down four provisions in the employer's social media policy that, in essence, stated the following:
- If an employee of the company identifies him/herself as such and publishes any work-related information online, he or she must include a disclaimer stating that the postings represent the employee's views and not those of the employer.
- Employees must not use the company's intellectual property assets (e.g., copyrights, trademarks, etc.) without permission.
- Employees must not discuss confidential and proprietary information about the company in any public forum and must not comment on rumors or speculation related to the company's business plans.
- Employees must not engage in behavior online that would be inappropriate at work, such as disparagement of the company, its leadership, or its employees.
- Counsel
As a former recruiter, Pamela Kovacs brings a unique insight into her work in employment and labor law, including having advised clients in the areas of discipline and discharge, employee handbooks, wage and hour, professional ...
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