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NLRB Rules Broader Restrictions in Social Media Policies are Lawful

Employers have long sought to limit adverse comments about the employer, its management, and coworkers, with limitations in handbook and social media policies.  Many of these restrictions have been successfully challenged by employees or unions on the grounds they restrict legitimate "protected or concerted" activities under the National Labor Relations Act (NLRA).  In other words, the Labor Act grants workers broad rights to criticize their employer. 

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EEOC Approves Incentives for Worker Wellness Plans

On June 11, 2020, the EEOC commissioners voted 2-1 to move forward with a Notice of Proposed Rulemaking (NPRM) for wellness programs.  The EEOC did not actually publish the NPRM and adoption of a final rule is a long way off, in terms of time and procedural steps that must be completed along the way, but the discussion at the June 11 public hearing provided some insight into where the Commission seems to be headed.  Before looking at what we understand from the June 11 meeting, a brief review of where we are may be helpful.

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Wimberly, Lawson, Steckel, Schneider & Stine

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