The Gloucester County (N.J.) Board of Freeholders is considering whether to revise its social media policy for county employees to comply with a recent federal labor ruling.

The existing policy requires employees to be “respectful” to the county and coworkers in social media postings. The policy also says that any use of social media “to harass, threaten, libel, malign, or discriminate against” county employees or officials “will not be tolerated.”

Ballard Spahr labor and employment attorney Louis L. Chodoff noted that in a ruling by the National Labor Relations Board that made certain social media policies illegal, “you can’t have a prohibition against ‘damaging’ or ‘derogatory’ statements. That’s too broad.”

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Labor and Employment