Can your employer file you for Facebook and Twitter post? Section 7 of the National Labor Relations Act (NLRA) gives employees the right to engage in concerted activities for the purpose of collective bargaining and other mutual aid or protection. This right includes communicating with other employees regarding terms and conditions of employment. When the NLRA was enacted in 1935 social media sites such as Facebook and Twitter were unthinkable. However, in today’s internet-driven world, the National Labor Relations Board (NLRB) has recognized the need to address how these new avenues of communication affect labor and employment law.
On August 18, 2011, The NLRB’s Office of the General Counsel issued a report concerning how federal labor law will adapt to the widespread growth of social media websites like Facebook and Twitter. The report highlights a number of recent decisions involving employees who were either disciplined or terminated from work for comments they posted on these sites. While the Board has not gone so far as to let employees say anything, it has ruled that some Facebook and Twitter comments are protected under Section 7 of the Act.
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