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Latest NLRB Social Media Guidance Draws Criticism

Jaclyn Jaeger | June 26, 2012

The National Labor Relations Board has published yet more guidance for companies on how to appropriately craft social media policies—but, this time, some say it may have overstepped its boundaries.  

The latest report on social media from the NLRB—the third in less than a year—is garnering criticism for what some are calling a heavy-handed approach. “It's so overbroad,” says Martha Zackin, of counsel in the employment, labor, and benefits practice at law firm Mintz Levin. “I just think the way that they've approached this creates more problems than it resolves.”

The first two reports issued in August 2011 and January 2012 addressed protected activity on social networking Websites and employer policies, while the latest report focuses exclusively on employer policies governing employees' use of social media. “I hope that this report, with its specific examples...

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