Is The Typical "At-Will" Policy Vulnerable To Attack?

The National Labor Relations Act (NLRA) covers employees who are not represented by unions, as well as those who are. Until recently, the NLRB, the federal agency charged with enforcing the NLRA, has focused its attention on those employees who are represented by unions, or who are seeking to be so represented.Recently, however, the NLRB has signaled its intent to broaden its focus and address issues that affect unrepresented employees. Thus, the NLRB has become involved in the very topical subject of social media policies and has signaled an intent to "police" such policies to determine whether they fall afoul of the NLRA. (See previous Labor & Employment Law Perspectives: May 21, 2012) . On May 30, 2012, the Acting General Counsel issued a report  in which he outlined the agency's recent review of several employer social media policies and reported on one case where the NLRB concluded that the entire policy was invalid because it interfered with the employees'