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Event Calendar / Social Media Policies & The NLRB: Practical Guidance for Navigating the Latest Litigation Minefield
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Social Media Policies & The NLRB: Practical Guidance for Navigating the Latest Litigation Minefield
Facebook, Twitter, and other forms of social media are an inescapable part of modern life. By providing a forum for communicating instantly with millions of people, these websites have transformed the landscape of expression, given greater power to individual voices, and provided a means by which even disparate masses can aggregate. Combined with the prevalence of hand-held electronic devices, the reach of social media is essentially unlimited.

Employers and their workplaces are not immune from these effects, and businesses are still formulating reactions to the prevalence of social media. Some have attempted to harness its power for marketing and advertising purposes. Others have focused on limiting the damage that can be done by disgruntled employees who might broadcast their gripes to the world, most often by promulgating a social media policy. Recently, these policies have landed squarely the crosshairs of the National Labor Relations Board (“NLRB”), which administers the National Labor Relations Act.

The Act protects employees’ rights to “concerted protected activity” for “mutual aid and protection.” Importantly, the vast majority of social media policies reviewed by the NLRB have been found to violate the rights guaranteed by the Act. Recent NLRB General Counsel publications have shed light on the ways in which social media policies have infringed upon the Act’s protections while reaffirming an employer’s right to prohibit certain forms of communication.

“Social Media Policies & The NLRB: Practical Guidance for Navigating the Latest Litigation Minefield” identifies the advantages and disadvantages of having a stand-alone social media policy, and walks through recent decisions and provides an analysis of NLRB guidance to discern the permissible limitations of policy language. Attendees will be able to determine whether their workplace will benefit from a social media policy, and will leave with a framework for drafting such policies in a manner that limits exposure to unfair labor practice charges. If your business has a social media policy or is considering implementing one, you do not want to miss this presentation.
01/30/2013 11:00 am o'clock
01/30/2013 12:00 pm o'clock
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Who should participate:

HR practitioners interested in learning about: recent NLRB decisions on social media policies; the boundaries established by the NLRB for social media policies; and permissible social media policy language.

What you will learn:

Attendees will learn about: the rights guaranteed by the NLRA; the standards applied by the NLRA to determine whether the rights were infringed; the way these standards have been applied to social media policies; and guidelines for drafting enforceable social media policies.

Recommended Resources:

Report of the Acting General Counsel Concerning Social Media Cases, Memorandum OM 12-59 (released May 30, 2012).
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