The NLRB’s General Counsel’s office recently released its latest Advice Memorandum on social media, publicizing its position that employers may not unilaterally implement social media guidelines without first bargaining with unions. In addition, the Memorandum determined that a rule prohibiting photographs or videotapes of the employer’s premises to also be unlawful, finding that such a prohibition would prevent employees from using social media to share information regarding their protected activities. While the Memorandum does not act as legal precedent, employers should still take note of the pro-union approach here in the context of social media, especially considering the two imminent pro-labor NLRB appointments set to join the NLRB. For additional analysis on this issue, please visit our sister blog, Employment Law Watch.
