Congress enacted the National Labor Relations Act (“NLRA”) in 1935 to protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private-sector labor and management practices that can harm the general welfare of workers, businesses, and the economy. The NLRA affords certain rights to employees to join together to improve wages and working conditions, and provides that covered employees have the right to engage in union activities, including the right to form, join, assist, and be represented by a union. Importantly, the NLRA applies regardless of whether employees are members of a union. The complete text of the NLRA is available on the National Labor Relations Board (NLRB) website.
Most private-sector employees are covered by the NLRA. Because the NLRB has “statutory authority over private-sector employers whose activity in interstate commerce exceeds a minimal level,” most employees and private-sector employers are subject to the jurisdiction of the NLRB, including:
Specific examples of employers covered by the NLRA include the following.
If your company is subject to the NLRA, then you must comply with all of its laws and regulations, including those governing employee social media speech. Moreover, if an employer disciplines or fires an employee for engaging in protected activity, or institutes a workplace rule or policy that would prohibit employees from engaging in such activity, the employer can face serious programs, such as a lawsuit, unfair labor charge, repaying the employees lost wages, and paying their attorneys fees and costs. So this begs the question:
Should You Fire over Facebook?
Many companies have disciplined their employees over their social media posts or instituted policies prohibiting certain online activities. But are these employment practices and policies legal? In my next webinar, I will teach you about important labor and employment law issues in the context of social media in the workplace and how to manage employee social media use.
January 22 | 12:00-1:30 est | $150 Live or OnDemand
1.5 Hours of CLE Credits Approved in Florida and Louisiana
Approval Pending in California, Georgia, South Carolina, and Nevada
Social media law attorney, author, professor, and keynote speaker Ethan Wall will:
CEO & Founder of Social Media Law & Order
Ethan teaches social media CLE programs to lawyers, law firms, and legal associations. He can design a one hour, half day, or full day workshop at your office, firm retreat, or conference that will be approved for both ethics and general CLE credit. Learn more about how Ethan can be your social media law keynote speaker at your next conference on topics related to social media and the law.