Over the course of the last year, the National Labor Relations Board (NLRB or Board) has taken an active role in regulating social media use in the workplace, broadly expanding its view of employee activity protected under the National Labor Relations Act (NLRA or act). This article explores the NLRB’s treatment of social media cases to date, and offers practical guidance for employers seeking to regulate their employees’ on- and off-duty use of social media.
Background
Social media use in the workplace catapulted onto the labor law scene in October 2010, when the NLRB filed a complaint against American Medical Response of Connecticut (AMR), a non-union employer, for discharging an employee who posted negative comments about her supervisor on Facebook. Alleging the employee’s discharge violated the NLRA, the complaint proffered an expansive view of employee actions protected under the act.
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