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NLRB Memos Offer Cautionary Guidance on Social Media

New York Law Journal

October 22, 2012

David Schwartz, a partner at Skadden, Arps, Slate, Meagher & Flom, writes: Social media use in the workplace catapulted onto the labor law scene in October 2010, when the NLRB filed a complaint against a non-union employer for discharging an employee who posted negative comments about her supervisor on Facebook. Though the case ultimately settled, it revealed the Board's expansive interpretation of employee social media rights and foreshadowed subsequent efforts to regulate social media activity in the workplace.

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