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.

 

Print:
EmailTweetLikeLinkedIn
Photo of Lindsey Tonsager Lindsey Tonsager

Lindsey Tonsager helps national and multinational clients in a broad range of industries anticipate and effectively evaluate legal and reputational risks under federal and state data privacy and communications laws.

In addition to assisting clients engage strategically with the Federal Trade Commission, the…

Lindsey Tonsager helps national and multinational clients in a broad range of industries anticipate and effectively evaluate legal and reputational risks under federal and state data privacy and communications laws.

In addition to assisting clients engage strategically with the Federal Trade Commission, the U.S. Congress, and other federal and state regulators on a proactive basis, she has experience helping clients respond to informal investigations and enforcement actions, including by self-regulatory bodies such as the Digital Advertising Alliance and Children’s Advertising Review Unit.

Ms. Tonsager’s practice focuses on helping clients launch new products and services that implicate the laws governing the use of endorsements and testimonials in advertising and social media, the collection of personal information from children and students online, behavioral advertising, e-mail marketing, artificial intelligence the processing of “big data” in the Internet of Things, spectrum policy, online accessibility, compulsory copyright licensing, telecommunications and new technologies.

Ms. Tonsager also conducts privacy and data security diligence in complex corporate transactions and negotiates agreements with third-party service providers to ensure that robust protections are in place to avoid unauthorized access, use, or disclosure of customer data and other types of confidential information. She regularly assists clients in developing clear privacy disclosures and policies―including website and mobile app disclosures, terms of use, and internal social media and privacy-by-design programs.