Q. We’ve heard about the National Labor Relations Board’s (NLRB) focus on an employee’s right to post critical work-related comments on Facebook. However, we also heard that the NLRB has started to limit its view on whether such comments are protected concerted activity. What’s going on?
A. Recently, the NLRB’s general counsel has found that not all employee statements about their employers on social media sites constitute protected concerted activity under the National Labor Relations Act.
In July, the NLRB issued three advice memoranda that concluded that three employees who posted critical comments on Facebook concerning their jobs did not engage in protected concerted activity.
One memorandum concerned a bartender who complained to his stepsister on Facebook about his employer’s tipping policy and that he hadn’t had a raise in five years.
The NLRB held that the employee did not engage in concerted activity because h...(register to read more)