Technology: The 10 best practices for drafting a lawful social media policy

Coming up with a list of some best practices for drafting NLRA compliant social media policies

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 New rulings can quickly make relevant policies outdated.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.

Contributing Author

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Heather Melick

Heather Melick is of counsel with Luper Neidenthal & Logan in Columbus, Ohio. She focuses on the areas of complex commercial litigation, appellate work, military...

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Contributing Author

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Ethan Wall

Ethan Wall is a social media law attorney, author, professor, and keynote speaker at Social Media Law and Order in Miami. Ethan co-authored “

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