Consistent with its decision to invalidate a Costco social media policy that prohibited employees from posting damaging or defamatory statements about the company or any other individual, the National Labor Relations Board ("NLRB") recently invalidated two statements in Dish Network's social media policy, one prohibiting employees from making "disparaging or defamatory comments" about Dish and another prohibiting such behavior on "Company time." Applying the test outlined in Costco (October 2012 FEB), the NLRB held that this language violated the National Labor Relations Act by "banning employees from engaging in negative electronic discussion during ‘Company time,'" and failing to clarify such discussion could occur during breaks and other non-working hours at the business. This decision further highlights the importance of a carefully drafted social media policy, with the assistance of legal counsel.