Social Media And Confidentiality: Gray Areas For Employers

Law360, New York (September 10, 2013, 3:48 PM EDT) -- Many employers have been surprised by recent rulings that two common employment policies relating to social media and the confidentiality of investigations may run afoul of the National Labor Relations Act. These rulings apply to policies covering any nonmanagement employee, including employees who are not covered by a collective bargaining agreement.

Faced with the digital-age risk that employee comments and criticisms can be quickly disseminated worldwide, many employers have adopted social media policies limiting what employees may post on Facebook or Twitter about their work, their...
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