Employers with a non-union workforce may be surprised to learn that their non-supervisory employees have legal protections enforced by the National Labor Relations Board (NLRB). The NLRB has recently taken an aggressive stance in regulating employer’s social media policies.
The National Labor Relations Act (NLRA) guarantees employees the right to engage in “concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Employer policies that contain ambiguous rules with no limiting language or context making it clear that there is no restriction of these rights are unlawful. The termination or other adverse action against an employee for violation of an invalid rule may give rise to a claim before the NLRB for reinstatement and back pay.
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