Recently, the National Labor Relations Board Acting General Counsel Lafe E. Solomon issued his third and latest report on social media cases, providing specific guidance on how to construct a lawful social media policy. In the report, Solomon takes a narrow view of what types of policy provisions are acceptable and instructs, for example, that certain confidentiality provisions, rules against "friending" co-workers, and blanket prohibitions of disparaging remarks are unlawful because they unduly restrict employees' rights to discuss working conditions and terms and conditions of employment under the National Labor Relations Act.
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