By: Carlos Lopez

Companies cannot have every employee with a Twitter account spreading (mis)information about their business, products or services to hundreds or thousands of followers, but the National Labor Relations Board is sending mixed signals about what, if anything, employers can do about it.

Good News: While the Board has been a relentless foe

By Erin Dougherty Foley and Lily Strumwasser

A recent study commissioned by Microsoft Corporation found that nearly 80 percent of individuals hiring and recruiting use the Internet to investigate candidates. A major news network indicated that more than 77 percent of employers find information about candidates online, and 35 percent have dismissed candidates based on these findings. At first blush, looking at an applicant’s social media content makes sense – after all, with just a few clicks of the mouse you can find out all sorts of revealing information about job applicants. However, there are also several legal risks associated with viewing applicants’ social media profiles.
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By:  Jacob Oslick

As we recently blogged about HERE, the National Labor Relations Board has taken a strong stand against what it considers overbroad social media policies.  Among other things, the NLRB contends that company social media policies risk chilling employees’ rights to discuss their wages or other “concerted protected activity.” 

The NLRB is

By: Paul Galligan

What rocks does an employer need to look under when faced with employee posting bad things about it on a social media website?  Rock one is more like the pebble in your shoe, the National Labor Relations Board (the “NLRB”). While the NLRB is usually known for regulating affairs between unions, employers, and union represented employees, in the last few years it has taken the lead role as protector of the hostile employee venting on Facebook, Twitter or any other social media outlet.  Most employers whose employees are not represented by a union have never dealt with the NLRB.  Discipline an employee for posting unkind or disloyal things about management or corporate culture and you will probably have to deal with the NLRB, the new champion of the blogosphere. 

Whether employees are union represented or not, the NLRB believes that when employees post comments on a social media site about their employer, they may be engaging in “protected concerted activity.”  The NLRB views the posting as “concerted” activity when it concerns working conditions and the activity is for the benefit of two or more workers, not just the employee doing the posting.  It is “protected” activity unless the employee’s post crosses a vague (some would say nebulous and still undefined) line into griping or personal rants, and becomes unprotected.    
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By: Bryan Bienias

The paradox of America’s fascination with social networking has always existed at the crossroads where shameless exhibitionism collides with the fundamental need for personal privacy. People yearn to share the details of their “private” lives with the world . . . well, maybe only with some of the world, and only on