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NLRB Invalidates Another Workplace Social Media Policy

By Martha J. Zackin

The NLRB has again weighed in on workplace social media policies.  And, consistent with its recent decisions in Costco Wholesale Corp. and Karl Knauz Motors, Inc., found DISH Network’s social media policy unlawful.  Specifically, citing both cases, the Board found that DISH Network’s social media policy improperly banned employees from making “disparaging or defamatory comments about DISH Network.”  The Board further found that the policy’s ban on negative electronic activities during “Company time” was unlawful because it failed to convey that negative discussion can occur during breaks and other non-working hours.

You may read the DISH Network Corp.. decision here.  You may also read our blog entries about Costco, Karl Knauz Motors, and NLRB guidance on social media policies here, here, and here.

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Martha Zackin