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Today's General Counsel

Permissible Limits On Employee Social Media - 7/11/14

Attorneys Lisa E. Aguiar and Julian Pardo de Zela authored the article “Permissible Limits on Social Media.” In the article, the authors examine the legal issues which arise when employees use social media to comment on their employers and the conditions of their employment. The authors discuss several recent opinions issued by the National Labor Relations Board which define when employee communications are protected under the relevant federal regulations and, alternatively, when employees can be legally disciplined or terminated for their social media communications. The authors note that social media communications critical of employers or fellow employees are protected “provided the communication is intended to generate conversation about working conditions or group action towards the employer.” Communications which are not intended to generate these activities, are not directed toward the employer or fellow employees, or which reveal trade secrets are, conversely, not protected. The article closes with recommended steps for employers to ensure that their social media policies strike the right balance in prohibiting certain types of communications and comply with current regulations.

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