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Company’s workplace policies against discrimination, harassment, or hostility onaccount of age, race, religion, sex, ethnicity, nationality, disability, or other protectedclass, status, or characteristic.” 15The Board has also made clear that mere vulgarity in social media postings does notdeprive such postings of the protection of the Act, as long as they discuss workingconditions. In Triple Play Sports Bar & Grille, 16 employees’ posts on Facebook thatincluding calling their supervisor an “asshole” and repeated use of the “F” word did notlose the protection of the NLRA because the comments were made in a discussion ofthe employer’s errors in its tax withholding policy.In light of the growing popularity of social media and the NLRB’s recent activity,employers should carefully review their social media policies, or consider whether todevelop a social media policy if they do not have one in place. Employers should alsotake into account all possible implications before engaging in adverse action against anemployee for conduct on social media sites. A proper social media policy shouldaddress the use of company time and resources for social networking, protect theemployer’s confidential information and trademarks, and prohibit discriminatory orharassing conduct based on a protected category. The policy should also banemployees from using company computers or company time for social networking,unless the social networking site involves the company or company business. Toaddress privacy concerns, the policy should also specifically advise employees that any15 Office of the General Counsel Memorandum, OM 12-91 (January 24, 2012) at 16.16 NLRB No. 34-CA-12915 (Div. of Judges Jan. 3, 2012).16

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