Why Your Social Media Policy May Need an Update with Lisa Milam-Perez

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I’ve updated my social media policy template as a result of this conversation with Lisa Milam-Perez, who edits a blog by CCH Wolters Kluwer about US law and business practices and who recently published a post about the latest guidance from the National Labor Relations Board, which says organizations need to be more specific in the language they use to govern the use of social media policy for US-based employees.  

Employee Rights Under the National Labor Relations Act

In accordance with the National Labor Relations Act (NLRA), employees based in the United States are entitled to a set of legal rights aimed at safeguarding their ability to collectively organize and advocate for improved working conditions.

These rights extend to employees’ freedom to openly voice concerns and criticisms, even if such expressions involve public critique of their employer or the discussion of confidential information, such as salary details, via social networks and other digital channels.

It is essential to note that the NLRA sets stringent standards when it comes to restricting employees from engaging in discussions about “confidential information.” The Act emphasizes that the definition of “confidential information” must be precisely delineated to avoid overly broad or restrictive requirements that could potentially infringe upon employees’ rights.

In this context, Lisa delves into a comprehensive exploration of two memoranda issued by the Acting General Counsel of the National Labor Relations Board (NLRB), Lafe Solomon, in a recent podcast. These memoranda provide critical guidance and insights into the nuanced interpretation and application of NLRA provisions concerning employee rights and restrictions related to confidential information discussions.

Lisa Milam-Perez sheds light on the intricacies of these memoranda and their implications for employers and employees navigating the complex landscape of labor relations within the United States.

As Lisa Milam-Perezsays in her blog post:  

“An employer’s policies “should not be so sweeping that they prohibit the kinds of activity protected by federal labor law, such as the discussion of wages or working conditions among employees.”

Lisa Milam-Perez

Safeguarding Employee Rights Under the National Labor Relations Act (NLRA)

In the United States, the National Labor Relations Act (NLRA) stands as a cornerstone piece of legislation designed to protect the rights and interests of employees. These rights are pivotal in ensuring that workers can collectively organize and advocate for improved working conditions without fear of reprisal.

Under the NLRA, employees are granted the vital freedom to voice their concerns and criticisms, even if these expressions involve openly critiquing their employers or engaging in discussions about confidential information, such as their salary details, through social networks and other mediums.

A critical point to underscore is the meticulous framework the NLRA establishes for any attempts to restrict employees from engaging in conversations regarding “confidential information.”

The NLRA demands precision in defining what constitutes “confidential information” to prevent overly broad or overly restrictive requirements that might potentially infringe upon the rights of employees. It is in this context that Lisa, in this podcast, embarks on an extensive exploration of two crucial memoranda issued by the Acting General Counsel of the National Labor Relations Board (NLRB), Lafe Solomon.

These memoranda, which hold significant importance in the realm of labor relations, offer invaluable guidance and insights. They serve to illuminate the nuanced interpretation and application of NLRA provisions that pertain to employee rights and the restrictions associated with discussions surrounding confidential information.

Lisa Milam-Perez discusses the intricacies inherent in these memoranda, unraveling their profound implications for both employers and employees navigating the multifaceted landscape of labor relations within the United States. Through her analysis, she sheds light on how the NLRA safeguards employee rights while striking a delicate balance with the protection of legitimate business interests.

Companies might consider updating their social media policies based on Lisa Milam-Perez’s insights because of the evolving landscape of labor relations and the National Labor Relations Act (NLRA). Lisa highlighted the importance of precisely defining “confidential information” in social media policies to ensure compliance with NLRA regulations.

Companies could benefit from revisiting and refining their policies to align them with the NLRA’s stringent standards, thus reducing the risk of infringing upon employees’ rights to discuss their working conditions, wages, or other employment-related matters on social networks.

By updating their social media policies in accordance with these insights, companies can strike a balance between safeguarding legitimate business interests and respecting employees’ rights, ultimately fostering a more harmonious and legally compliant workplace environment.

Photo by Bill Oxford on Unsplash