Employers Beware: Social Media Policies and the National Labor Relations Act

Employers and employees often assume that the National Labor Relations Act (the “NLRA”) only applies to unionized workplaces or employees seeking to unionize.

Often overlooked, until recently, the NLRA also protects certain employee activity even in a non-union workplace where employees have no interest in forming a union. Controversial rulings by the National Labor Relations Board (“NLRB”) of late have addressed just such non-union workplaces. the NLRB has been scrutinizing non-union employers’ policies covering social media and confidential information.