It’s bad enough dealing with teaching one’s children to use social media responsibly, but we also have to deal with an NLRB who seems committed to prohibiting most rules governing employee social media use.  What’s an employer to do?  Part 1 of my posts will deal with some but not all rules found unlawful by the NLRB.

• A rule that employees not “release confidential guest, team member or company information;

• A rule instructing employees not to share confidential information with coworkers unless they need the information to their job;

• A rule instructing employees not to have discussions regarding confidential information in the break room, at home, or in open areas in public places;

• A rule threatening employees with discharge or criminal prosecution for failing to report unauthorized access on issues of confidential information;

• A rule instructing employees to be sure that their postings are “completely accurate and not misleading and that they do not reveal non-public information on any public site;”

• A rule that instructs employees not to “reveal non-public company information on any public sites;”

• A rule that cautions employees that “when in doubt about whether the information you are considering sharing falls into one of the prohibited categories, do not post.  Check with the Employer to see if it’s a good idea;”

• A rule that prohibits employees from posting photos, music, videos and “personal information of others without obtaining the owner’s permission and ensuring that the content can be legally shared;”

• A rule prohibiting employees from using the Employer’s logos and trademarks; [It appears that a rule prohibiting the commercial use of an Employer’s logo or trademarks would be lawful];

• A rule that “offensive, demeaning, abusive or inappropriate remarks are as out-of-place online as they are offline;”

• A rule instructing employees to “think carefully about friending coworkers;”

• A rule that instructs employees to “report any unusual or inappropriate internal social media activities;”

• A rule prohibiting disclosure of personal information about the employers, employees and contingent workers;

• A rule prohibiting employees from commenting on legal matters;

• A rule warning employees not to “pick fights” and to avoid conflicts that might be considered objectionable or inflammatory..such as politics and religion;

• A rule reminding employees to communicate in a “professional tone;”

• A rule requiring employees to “get permission for reusing others’ content or images;”

• A rule encouraging employees to “resolve concerns about work by speaking with coworkers, supervisors or managers;”

• A rule prohibiting employees from posting information regarding the Employer that can be deemed “material, non-public information” or “confidential or proprietary;”

• A rule warning employees to “avoid harming the image and integrity of the Company;”

• A rule requiring employees who receive “unsolicited or inappropriate electronic communications” to report them;

• A rule prohibiting employees from making “disparaging or defamatory” comments;

• A rule prohibiting employees from participating in activities that disparage or defame Company on Company time;