Officials of the National Labor Relations Board recently weighed in on the legal risks employers bear under the National Labor Relations Act when monitoring employee/applicant use of social media.

During a panel discussion in Pennsylvania [as reported in Law360 (November 12, 2014)], Board Member Harry Johnson and NLRB General Counsel Richard Griffin confirmed what may

We have been conducting educational programs around the country for our clients and friends on the NLRB’s various agenda items.  Among the topics covered was its Acting General Counsel’s focus on social media policies, as well as the Board’s assault on handbook policies generally by frequently implicating NLRA-protected concerted activity.  As the Board’s chief prosecutor

The NLRB Acting General Counsel Lafe E. Solomon has issued a Memorandum (OM 11-74) to Board regional officials, dated August 18, 2011, describing his Office’s actions involving social media cases in the past year. Solomon explains: "Recent developments in the Office of the General Counsel have presented emerging issues concerning the protected and/or concerted nature