NLRB Advice Memo Raps Ban On Social Media Criticism

Law360 (June 14, 2019, 10:36 PM EDT) -- Employers can't block their workers from criticizing them on social media, though they can keep the employees from accessing those sites with their company devices, the National Labor Relations Board general counsel's office said in one of three advice memorandums posted Friday.

The memos — which deal with an employee handbook, a mandatory arbitration provision and a project labor agreement — were penned by Jayme L. Sophir, associate general counsel of the Division of Advice in the NLRB Office of the General Counsel, and Barry J. Kearney, who used to hold that position. The memos are no longer available on the...

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