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Inside Privacy Updates on Developments in Global Privacy & Data Security from Covington & Burling LLP

NLRB Finds DISH Network Social Media Policy Unlawful

Posted in Social Media, United States

The National Labor Relations Board (NLRB) continues to be active in considering whether companies’ social media policies run afoul of U.S. labor laws.  In the latest decision implementing the approach reflected in a series of NLRB reports analyzing employer social media policies under the National Labor Relations Act (NLRA), an administrative law judge found that it is impermissible for DISH Network to have a social media policy that prohibits employees from using social media platforms to (1) make disparaging or defamatory comments about DISH Network or (2) engage in negative electronic discussions during “Company time.” 

Citing its decision in Costco, which we blogged about here, the decision found that the social media policy would reasonably tend to chill employees in the exercise of their Section 7 rights.  As in Costco, DISH Network’s policy apparently did not contain an exception for NLRA-protected activity.