A 2012 Advice Memo from the National Labor Relations Board’s General Counsel, which was publicly released two weeks ago in response to a Freedom of Information Act request, addresses a number of hot social media topics affecting the workplace. This alert takes a closer look at the Advice Memo, which concludes that portions of Giant Food, LLC’s social media policy, including prohibitions against disclosing confidential or nonpublic information, using Giant’s logo, trademark or graphics, and photographing or video recording the company’s facility, were unlawful because they could reasonably be construed to restrict employees’ Section 7 rights under the National Labor Relations Act.
