NLRB publishes first social media decision

Board is in line with Acting GC Lafe Solomon’s stance, finds Costco’s policy is overly broad

Over the past year, National Labor Relations Board (NLRB) Acting General Counsel Lafe Solomon has issued a few reports in which he has presented his thoughts on how the National Labor Relations Act (NLRA) applies to corporate social media policies. But earlier this month, the NLRB itself for the first time issued a decision on the subject.

On Sept. 7, the NLRB invalidated Costco Wholesale Corp.’s social media policy, which it found to be overly broad. The board found that the policy—which prohibited Costco employees from making statements on social media that could damage the company or other employees’ reputations—could chill employees’ free speech rights under the NLRA.

Ashley Post

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