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Podcast discusses legalities of social media policies

March 21st, 2012  |  David Stephanides

Lisa Milam-PerezLisa Milam-Perez, Employment Law Daily Managing Editor and frequent ELD blog contributor, discusses two recent NLRB memoranda on social media policies in an On The Record…Online podcast. The memoranda issued by NLRB Acting General Counsel Lafe Solomon weren’t intended to make it more difficult for employers to implement and enforce a social media policy, Milam-Perez argued. “Ideally, you can look at them as trying to help employers clarify whether their policy is lawful or not.” To listen to the podcast, click the Play button below.

In an effort to craft a consistent agency approach to resolving burgeoning litigation, Solomon instructed regional offices to forward social media cases directly to the Board. About 75 cases have made their way to the office to date, and they are “extremely fact-specific,” making it even tougher for employers to glean hard and fast rules for compliance. The two memoranda are numbered OM 11-74, August 18, 2011, and OM-12-31, January 25, 2012.

On the Record…Online is produced by Eric Schwartzman, an independent consultant specializing in social media training.