DO EMPLOYEES' FACEBOOK POSTINGS CONSTITUTE PROTECTED CONCERTED ACTIVITIES?THE NLRB THINKS SO.
Following a recent trend, the National Labor Relations Board (NLRB) filed two more complaints on behalf of employees who were terminated after posting work-related comments on Facebook. In the recent complaints, the NLRB alleged that the employee postings constituted protected concerted activity under Section 7 of the National Labor Relations Act (NLRA), and that the related terminations were unlawful and had the intended effect of discouraging other employees from engaging in similar activities. Although the Board has yet to resolve the issue of whether or not Facebook postings constitute "concerted activity," the NLRB's recent activity in this area signals a growing focus on both union and non-union employees' rights to discuss job conditions with co-workers using social media.
Article provided by Leonard Street and Deinard, Jonathon Naples, (612) 335-7117, Jonathon.naples@leonard.com, www.leonard.com.
