What does the NLRB say about social media in the workplace?

The National Labor Relations Board (NLRB) has reversed the decision of an administrative law judge (ALJ) and held lawful an employer’s social media policy prohibiting disparagement of the company and others, “inappropriate communications,” disclosing confidential information, posting photos of coworkers, or using the …

Table of Contents

What social media activity is protected by NLRA law?

The National Labor Relations Act protects the rights of employees to act together to address conditions at work, with or without a union. This protection extends to certain work-related conversations conducted on social media, such as Facebook and Twitter.

What year did the NLRB start accepting charges related to social media?

Since 2010 when the National Labor Relations Board began receiving charges based on social media, the Office of General Counsel has issued three memos to ensure consistent enforcement. Of relevance is Section 7 of the NLRA, which gives employees “the right to …

What is the NLRB’s guidance on social media policies?

NLRB social media policy tips Avoid general, blanket prohibitions on any employee actions with respect to social media. This includes banning employees from talking about their job, complaining about their boss or co-workers, or disparaging company policies, among others.

Should you get fired for what you say on social media?

“Being critical of an employer, or making uncomplimentary or negative comments about the employer, will not generally be sufficiently serious to justify terminating an employee’s employment, unless the comments have resulted in some form of damage or potential harm to the employer’s legitimate interests or reputation.

Can employees talk about work on social media?

Can employees post social media complaints about their jobs? Yes. The National Labor Relations Act (NLRA) and similar state laws protect employees’ rights to communicate with one other about their employment.

Is it legal to have a social media policy?

Social media policies can be unlawful. In 1935, Congress enacted the National Labor Relations Act to protect the rights of employees, encourage collective bargaining and curtail dangerous workplace policies.

Can a job make you delete social media?

Private companies and employers can discipline or fire an employee for what they post on social media. There are, however, a few exceptions to this rule. In general, employers cannot fire you for posting: Truthful statements about working conditions, like harassment or unsafe working conditions.

Can a company fire you over social media?

Since California is an at-will employment state — and California Labor Code 2922 states that at-will employees “may be terminated at the will of either party on notice to the other” — employers can fire employees for anything, including their social media posts.

Can you get fired for cursing on social media?

An employer can fire an employee for using profanity on social media, although unless it was directed at the company or a fellow employee, it’s unlikely. It’s vital to get the implication of having an “at-will” employment. In effect, it means you can get fired for almost any reason!

What does the NLRB say about social media?

The NLRB and Social Media The National Labor Relations Act protects the rights of employees to act together to address conditions at work, with or without a union. This protection extends to certain work-related conversations conducted on social media, such as Facebook and Twitter.

What does an NLRB administrative law judge do?

Administrative Law Judge Decisions After a Regional Director issues a complaint in an unfair labor practice case, an NLRB Administrative Law Judge hears the case and issues a decision and recommended order, which can then be appealed to the Board in Washington.

Is your social media activity protected by the Labor Relations Act?

Are employees’ comments on social media protected by employment law?

An employee’s comments on social media are generally not protected if they are mere gripes not made in relation to group activity among employees. The third report, issued May 30, 2012, examined seven employer policies governing the use of social media by employees.