Employer's Sarcastic Tweet Found Not to Violate Employees' Union Rights

While the decision strongly affirms First Amendment rights, it should be viewed cautiously by employers in terms of permissible communications with employees

May 31, 2022 at 12:04 PM

6 minute read

Sid Steinberg

We often hear about, and this column has written about, employers reacting to the social media postings of their employees. But in the recent case of FDRLST Media v. National Labor Relations Board (NLRB), ___ F.4^th ___, 2022 U.S. App. LEXIS 13664 (3d Cir. May 20, 2022), the employer's social media posting, implicating free speech and the National Labor Relations Act, was at issue.