Butler Medical Transport had a social media policy that provided, “I will refrain from using social networking sites which could discredit Butler Medical Transport or damage its image.” After being terminated, an employee posted on Facebook that she believed her termination was unjust. A still-employed employee responded, “Sorry to hear that but if you want…

As the title says, below is newly released guidance from the NLRB. It is not newly created. In fact, the Advice Memorandum was actually created in 2012 but just recently released to the public. Though tardy, it still provides quality insight into the Board’s decision-making process when determining whether social media policies are lawful. Requiring…

Kroger maintained a communications policy that required workers to attach a statement indicating that Kroger did not necessarily share their views to any online posting about their employment. This disclaimer strictly followed a 2012 memorandum from the then Acting General Counsel of the National Labor Relations Board that said employers could lawfully require employees to…

The NLRB recently issued an advice memorandum that said an employer policy prohibiting employees from photographing or video recording the company’s premises, processes, operations, or products, including confidential information without the company’s permission violation the National Labor Relations Act.  Let that one sink in before reading more.  Decades ago, the NLRB concluded in Flagstaff Medical…