At the end of January, the General Counsel for the National Labor Relations Board (NLRB) issued a memorandum discussing the Board’s most recent rulings on cases in which employees were fired for posting on various social media websites (e.g. Facebook) about their jobs.

Specifically, the memo discusses the rules and regulations employers can have in place regarding the use of social media by their employees. The NLRB states that language prohibiting an employee from “making disparaging comments about the [employer]” through social media is overly broad and thus unlawful because such a regulation interferes with employees’ right to discuss openly the terms and conditions of their employment. The Board noted that employees are lawfully permitted to make statements about their employer not treating them fairly or paying them sufficiently.

NLRB cautions that, because there are no laws yet in place on this issue, employers should contact legal counsel when contemplating discipline arising from employee use of social media or when crafting employee social media rules.

To see the NLRB report yourself, visit: http://mynlrb.nlrb.gov/link/document.aspx/09031d45807d6567