McAfee & Taft EmployerLINC Employment Law Update: NLRB releases report on social media cases By Charlie Plumb


During our recent webinar broadcast, “When Social Media Throws You a Curveball,” on August 17, 2011, our presenters discussed the National Labor Relation Board’s evolving approach to prosecuting employers who discipline employees for their use of social media. The following day, the NLRB’s Acting General Counsel issued a report describing 14 NLRB cases and its findings involving social media policies and actions taken by employers against employees regarding their use of social media.

In the report, the NLRB’s Acting General Counsel Lafe Solomon said, “I hope that this report will be of assistance to practitioners and human resource professionals.”

Each case was submitted by regional offices to the NLRB’s Division of Advice in Washington, DC. In four cases involving employees’ use of Facebook, the Division found that the employees were engaged in “protected concerted activity” because they were discussing terms and conditions of employment with fellow employees. In five other cases involving Facebook or Twitter posts, the Division found that the activity was not protected.

Article authored by McAfee & Taft Attorney Charlie Plumb.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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