NLRB Takes Down Costco Policy In 1st Social Media Ruling

By Abigail Rubenstein (September 18, 2012, 10:38 PM EDT) -- In its first decision on an employer's social media policy, the National Labor Relations Board has deemed Costco Wholesale Corp.'s electronic posting rules overly broad, signaling the board will follow its top lawyer's reasoning and reject generalized prohibitions on what employees can say online, attorneys said Tuesday.

Before the three-member board panel handed down its Sept. 7 decision invalidating Costco's policy, NLRB acting general counsel Lafe Solomon had published three reports outlining his views on how the National Labor Relations Act applied to employer social media policies. Administrative law judges had weighed in as well, but the board itself had not...

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