Social Media Traps! Watch Out!
Employers must keep an eye on the ever changing world of Facebook, Twitter, and LinkedIn.
Social media has created another area of disciplinary concern.
Cases before the National Labor Relations Board (NLRB) have included allegations that the employer’s social media and Internet policies violated the employee’s right to discuss work conditions under the National Labor Relations Act (NLRA).
the National Labor Relations Act (NLRA), 29 USC 151 et seq., provides rights to employees to engage in “concerted activity for the purposes of collective bargaining or other mutual aid or protection.”
Examples of such activity include communications among employees about wages, hours, and work conditions, regardless of whether the communication occurs within the employer’s facilities.
Applies to both union and non-unionized settings!
In addition to protecting concerted activity, the NLRA prevents employers from adopting and implementing a work rule—such as a social media rule—that would “reasonably tend to chill employees in the exercise of their Section 7 rights.” Lafayette Park Hotel, 326 NLRB 824, 825 (1998), enforced, 203 F3d 52 (DC Cir 1999).
a rule is unlawful if it explicitly restricts Section 7 activities. If the rule does not explicitly restrict Section 7 activities, it is unlawful only on a showing that
(1) employees would reasonably construe the language to prohibit Section 7 activities,
(2) the rule was promulgated in response to union activity, or
(3) the rule has been applied to restrict the exercise of Section 7 rights.
We are hopeful the above information was enough to help guide you through any issues you are having, however, if you still feel you need additional guidance or are wondering how the above rules apply to a specific factual scenario, please e-mail us or give us a call! Of course, our online director and attorney, Joseph Gale, is always available at joey@michiganlitigationlaw.com.
CLICK HERE for more information from the Michigan State Bar.