Professional Service Agreement

NLRB Issues Memos Addressing Social Media, Solicitation and Distribution Rules

August 21, 2019

The National Labor Relations Board (NLRB) has issued advice memorandums on topics including workplace social media and solicitation and distribution rules. The NLRB stated that two rules, one requiring employees to identify themselves by their real names when discussing the employer or their work on social media, and another restricting employees from disclosing "employee information" on social media, were unlawful. The NLRB also concluded that a solicitation and distribution policy was unlawfully overbroad as to its restriction on email use. The policy prohibited the use of the employer’s electronic communication or interoffice mail for unauthorized solicitation or distribution. The rule was overbroad because it permitted some personal use of the employer’s email system while prohibiting "unauthorized" solicitation or distribution. Since the prohibition was not limited to working time, the NLRB concluded it was unlawful.