NLRB expands employer options for social media, nondisparagement rules

Employees often believe anything goes when it comes to social media expression. But the National Labor Relations Board (NLRB) recently provided clarity on the types of social media activity employers may regulate, giving them more latitude to discipline workers for conduct that violates company rules and threatens the brand.

Employees often believe anything goes

With the COVID-19 emergency affecting employers’ operations and the way people work, more and more employees may start taking to social media to vent their opinions about work and current events (sometimes intertwining the two). Employee social media posts can damage an organization’s brand and violate its social media and nondisparagement rules.

Discipline for social media expression, however, can run afoul of the National Labor Relations Act (NLRA), which provides certain protections for employee speech, including social media pronouncements. Consequently, employees often believe anything goes.

But, NLRB decisions ‘justify limitations’

Fortunately for employers, the NLRB recently clarified the types of employee social media activity you may regulate, providing more latitude to discipline employees for conduct that violates your rules and threatens the company’s reputation.