Social Media
Recently, the National Labor Relations Board (NLRB) made its first social media-related ruling. The board adjudicated a case against Costco, and in this case the NLRB struck down Costco's social media policy as standing in violation of the workers' right to free speech (Little, 2012). The Board found that Costco's policy on social media usage was overly broad. The policy held that employees were prohibited from posting statements that "damage" the company and the policy was incorporated into the Costco Employment Agreement. The NLRB held that this policy was too broad. Specifically, some forms of speech by workers are considered to be protected speech. Protected speech includes work-related complaints, which are given this protection so that they can communicate their grievances both to other employees and to the company. This protection is related to the workers' legal right to organize.
The NLRB applies the same standards to protected labor speech as judges do to First Amendment cases. This interpretation is explained in the following passage: "Costco's policy had a reasonable tendency to inhibit employees' protected activity" (Godard, 2012). Essentially, if an employee cannot reasonably understand the difference between punishable and unpunishable speech, the employee is likely to avoid engaging in...
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