Joseph DeBlasio and Kelly Gunther recently published an article, “Untangling the Web of Social Media” for the Winter 2012 issue of In-House Defense Quarterly.
Social media use permeates the workplace now more than ever. Regulating employees’ active presence on social media platforms such as Facebook, Twitter, LinkedIn, and even You Tube is a hot topic for debate due to the many questions and few easy answers. Recently, the National Labor Relations Board (NLRB) thrust the use of social media into the public spotlight. On August 18, 2011, the NLRB Acting General Counsel Lafe E. Solomon issued a memorandum concerning recent social media cases purportedly to provide guidance to employers when addressing and responding to social media activity by employees. Office of the General Counsel, Nat’l Labor Relations Bd., Mem. OM 11-74, Report of the Acting General Counsel Concerning Social Media Cases (Aug. 18, 2011), available at https://www.nlrb.gov/news/acting-general-counsel-releases-report-social-media-cases (last visited Dec. 2, 2011). To keep pace, employers must revisit their social media policies to attempt to walk the fine line between controlling inappropriate employee conduct and unlawfully restricting employees’ rights.
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