• United States



NLRB Continues to Scrutinize Social Media Policies

Jun 04, 20121 min
Core Java

The acting general counsel of the National Labor Relations Board has issued several reports in just the past year highlighting the importance of drafting social media policies to avoid trampling on worker rights.  As companies rush to implement policies directed at curbing employee use of social media, the guidances from the NLRB should be heeded.  

The most recent NLRB memorandum can be found at  Of particular interest is the inclusion of the full text of a social media policy developed by an internationally recognized retailer that is used as an example of the right way to draft a policy.  With the guidances provided by the NLRB and now the provision of a full example policy, businesses can be far more confident in drafting appropriate policies.  This information clears up many previously unanswered questions.  Companies that disregard this valuable direction from the NLRB do so at their peril.


Michael R. Overly is a partner and intellectual property lawyer with Foley & Lardner LLP where he focuses on drafting and negotiating technology related agreements, software licenses, hardware acquisition, development, disaster recovery, outsourcing agreements, information security agreements, e-commerce agreements, and technology use policies. He counsels clients in the areas of technology acquisition, information security, electronic commerce, and on-line law.

Mr. Overly is a member of the Technology Transactions & Outsourcing and Privacy, Security & Information Management Practices. Mr. Overly is one of the few practicing lawyers who has satisfied the rigorous requirements necessary to obtain the Certified Information System Auditor (CISA), Certified Information Privacy Professional (CIPP), Certified Information Systems Security Professional (CISSP), Information Systems Security Management Professional (ISSMP), Certified Risk and Information System Controls (CRISC) and Certified Outsourcing Professional (COP) certifications.

The opinions expressed in this blog are those of Michael R. Overly and do not necessarily represent those of IDG Communications, Inc., its parent, subsidiary or affiliated companies.

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