Implementing and enforcing social media policies has been a top priority for many employers within recent years, and with good reason. It is now crucial that employers take a careful look at their own social media policies. The National Labor Relations Board (NLRB) has issued opinion memoranda which equate “comments” and “likes” on Facebook and other social media pages with the concerted activity protected by the National Labor Relations Act [the Act].
It is important for all employers to recognize that the Act and the NLRB’s decisions apply to them and not solely
to those with a unionized workforce. This may come as a surprise to many employers, especially those who have
no experience with unionization and related issues.