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July 25, 2014

NLRB Invalidates Another Workplace Social Media Policy

The NLRB has again weighed in on workplace social media policies.  And, consistent with its recent decisions in Costco Wholesale Corp. and Karl Knauz Motors, Inc., found DISH Network’s social media policy unlawful.  Specifically, citing both cases, the Board found that DISH Network’s social media policy improperly banned employees from making “disparaging or defamatory comments about DISH Network.”  The Board further found that the policy’s ban on negative electronic activities during “Company time” was unlawful because it failed to convey that negative discussion can occur during breaks and other non-working hours. 

You may read the DISH Network Corp.. decision here.  You may also read our blog entries about CostcoKarl Knauz Motors, and NLRB guidance on social media policies herehere, and here.

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About the Author

Martha Zackin, Employment, Attorney, Mintz Levin, Law firm
Of Counsel

Martha is Of Counsel in the firm's Boston office, practicing in the Employment, Labor & Benefits Section. She has more than 20 years of experience advising and representing clients on a broad range of employment law issues and in adversarial proceedings. In her role as an advisor to employers, boards of directors, and executives, Martha regularly provides practical advice and counsel on a wide range of employment-related issues, including employee relations and policy matters, violations of noncompetition, nonsolicitation and nondisclosure agreements, employee...

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