An employee’s social media activity is not protected under the NLRA if it does not seek to involve other employees, does not relate to the shared terms and conditions of employment, or is an activity that is otherwise carried out in a reckless or malicious manner.
Social media activity that is not protected could include:
While this activity is not protected under the NLRA, other common employee social media is, in fact, protected by federal law. For example, an employee who sends a Facebook message to her colleagues about the employer’s working conditions may be afforded the same protection as a group of employees who discuss corporate wage issues during the workplace lunch hour. Other protected activity could include:
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, Louisiana, South Carolina, and Nevada
Approval Pending in California & Georgia