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National Labor Relations Act

Does your social media policy comply with the National Labor Relations Act?

Generally speaking, the law affords employees with the right to discuss their terms and conditions of employment amongst themselves and with non-employees on social media. Employees even have a protected right to seek help on social media from third parties and the media regarding their working conditions.

If your company disciplines or fires an employee for engaging in protected activity, or institutes a workplace rule or policy that would prohibit employees from engaging in such activity, you can face serious legal programs, such as:

  • An unfair labor charge or formal complaint filed by a disgruntled employee
  • A regulatory investigation by an agency of the United States Government
  • Defending a costly lawsuit, regardless of whether the claims are valid
  • Expensive legal fees and higher insurance premiums resulting from the lawsuit

If your company violates the NLRA by engaging in an unlawful employment practice or maintaining an unlawful work rule or policy, you may be required to:

  • Reinstate the disgruntled former employee
  • Readjust the former employee’s seniority and status within the workplace
  • Repay all lost benefits, such as insurance, wages, or retirement
  • Pay the former employee their actual damages, back pay, and penalties
  • Reimburse the former employee for their attorneys fees and costs

To avoid these serious and costly legal problems, your employment policies, compliance procedures, and business practices must comply with the strict provisions of the NLRA.

Ethan can develop your social media policies or audit your existing policies to ensure they comply with the National Labor Relations Act.