A Virtual Minefield: The NLRB and Social Media
Contrary to what some people might think— especially those who purchase smartphones with dedicated “status update” buttons—the Declaration of Independence did not proclaim that among our unalienable rights is the right to post status updates on Facebook.
However, there are limitations on what employers can do about employees who post derogatory messages about the companies for which they work, or the supervisors to whom they report. A recent fl urry of activity at the National Labor Relations Board (NLRB) makes clear that online communications enjoy the same protections as any other protected concerted activity, and that the NLRB is ready and willing to take up the cause of those employees disciplined because of what they posted on Facebook or tweeted on Twitter. As a result, any employer rolling out a social media policy or issuing discipline in response to a social media post needs to understand the rules of the virtual road.
Read more: Labor and Employment Law