Let’s face it: Drafting a lawful social media policy is a challenge. New rulings can quickly make relevant policies outdated. In fact, if your company first drafted a social media policy a few years (or even several months) back, it would be wise to review that policy in light of recent National Labor Relations Board (NLRB) decisions. Over the last two years, the NLRB has actively investigated company social media policies and has routinely shot down specific work rules — and sometimes entire social media policies — because they violate their employees’ right to engage in protected and concerted activities.
Social media policies and work rules need to balance your company’s goals while still permitting employee protected activities under the NLRA. The primary reasons why social media policies and work rules are struck down are that they are vague, overbroad, and/or could potentially interfere with employees’ rights to engage in protected activities.