NLRB Publishes Advice Memo On Social Media Rules
By Kamer Zucker Abbott
September 9, 2019
The National Labor Relations Board’s Office of the General Counsel has published an Advice Memo on the legality of social media rules adopted by CVS Health. While the Advice Memo is specific to the rules used by CVS Health, it is extremely useful for other employers because it analyzes common social media rules.
The Memo declares the majority of the rules lawful, including a restriction on speaking on behalf of CVS, a requirement for advanced approval for use of CVS-branded accounts and logos, a disclaimer requirement, a civility requirement, a prohibition against posting photos of non-public areas or meetings, and a prohibition against posting confidential information, including internal communications from the employer to employees.
The Memo concludes that only two of CVS’ rules were unlawful: (1) a requirement that employees identify themselves with their real names if they mention CVS or discuss their work in social media posts; and (2) an overbroad restriction on disclosing “employee information.”
We encourage employers to review this Advice Memo and contact us with any questions about your social media policies.
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