Sue Reisinger, writing at Corporate Counsel:

In a warning to employers, the National Labor Relations Board has “unliked” certain social media policies that restrict an employee’s right to speak critically of the employer online, unless the policies were set in collective bargaining.

It’s clear many companies didn’t consider the National Labor Relations Act (NLRA) implications when they developed their social media policies. It’s often HR professionals that have to draft these policies, but the onus can’t be placed solely on them to catch how the new rules might implicate nuances of the NLRA. Any company who has implemented or plans to implement a social media policy is well-advised to have a labor and employment attorney review it first.

My personal policy is to refrain from discussing work on social media. In all my years of Twitter-ing and Facebook-ing, I’ve posted only a very few work-related updates, invariably focused on interpersonal minutiae like elevator rudeness. I think it’s just best to leave work at work. However, as the Times's Steven Greenhouse reports, the National Labor Relations Board recently ruled that conversational exchanges about working conditions between multiple employees on social media may be construed as the kind of concerted activity protected by the National Labor Relations Act.

The Times story to which I link in this post’s headline mentions at least two instances (here and here¹) where the termination of lone complainers was upheld by the NLRB. This ruling suggests that my personal policy is a safe bet: there’s no way to engage in concerted activity if you’re venting alone.