Human Resources News & Insights

Ban on social media comments illegal, NLRB judge rules

Here’s another ruling that further clarifies the National Labor Relations Board’s stance on employer policies concerning employees’ use of social media.

In a recent case, an administrative law judge found that a company’s “no photographs” policy was legal – but that another rule banning staffers talking online was not.

A quick look at the case:

A security, police and firefighters union in Arizona filed a charge against G4S Security Solutions with the NLRB. The union claimed two provisions in G4S’ social media policy were illegal:

  •  Staffers couldn’t comment on work-related matters without permission of the legal department, and
  •  Workers couldn’t post photographs or video of the G4S work environment or employees in uniform on social media sites.

The ALJ ruled that the firm’s “no photographs” policy was legal, citing privacy concerns and the fact that the policy only prohibits posting on social media sites and not all photographs.

But the judge still struck down the firm’s overall policy, saying it could reasonably prohibit two staffers from talking about work online.

The case is G4S Secure Solutions, Inc. v. SPFPA. To read the full decision, go here.

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