Skip to main content

NLRB Invalidates Another Workplace Social Media Policy

Our colleagues over at Mintz's Employment Matters Blog have written about yet another finding from the National Labor Relations Board relating to a workplace social media policy.    Have you looked at your company's policy lately in light of these rulings?

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.

Subscribe To Viewpoints


Cynthia J. Larose

Member / Chair, Privacy & Cybersecurity Practice

Cynthia J. Larose is Chair of the firm's Privacy & Cybersecurity Practice, a Certified Information Privacy Professional-US (CIPP-US), and a Certified Information Privacy Professional-Europe (CIPP-E). She works with clients in various industries to develop comprehensive information security programs on the front end, and provides timely counsel when it becomes necessary to respond to a data breach.