The National Labor Relations Board Division of Advice has released an Advice Memorandum that states employer policies prohibiting employees from photographing or video recording their company's premises, processes, operations, or products, including confidential information, without the company's permission violates the National Labor Relations Act. Also, social media policies that prohibit the use of a company logo, trademark, or graphics without the company's prior written approval have been deemed illegal, because a company's proprietary interest does not outweigh their employees' ability to use them to engage in concerted activity, which is noncommercial and does not infringe on trademark law. The memorandum is not binding but reflects the board's majority opinion. Employers with such policies may want to review them.
Information from: Lexology (09/05/13) Brendan G. Dolan; James R. Glenn; J. Kevin Hennessy