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concerted activity under Section 7 of the NLRA. Policy provisions that no longer passmuster include:• General prohibitions on disparaging, ridiculing or defaming the companyon social media;• Blanket prohibitions against displaying photos of the workplace or usingthe company logo on social media;• Broad bans on criticizing company management, even by name and/or byusing intemperate language;• Blanket prohibitions on the disclosure of “confidential” information onsocial media unless sufficient examples are given to demonstrate thatinformation about working conditions, pay, benefits, supervisors and coworkersare not covered by the policy;• Prohibition of “inappropriate” conduct or language on social media, as thatterm is thought to be too vague for employees to know whether it includesprotected activity;• Requiring employees to include a disclaimer on every social media postabout the company stating that the employee is not speaking for thecompany, as this requirement is thought to unduly burden the exercise ofSection 7 rights.The Board has approved an employer’s social media policy that prohibited the use ofsocial media to post or display comments about co-workers or supervisors, and thosethat are “vulgar, obscene, threatening, intimidating, harassing, or a violation of the15

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