Lexology.com
Foley & Lardner LLP
Scott Callen
USA
April 18 2011
Employees continue to file suits challenging company social media handbook policies and companies who discipline employee use of online tools like LinkedIn and Facebook. The New York Times recently reported, and various other media reports indicate, that absent a settlement, the National Labor Relations Board (NLRB) plans to commence a legal proceeding challenging a company's social media policies and response (possible verbal reprimand) involving an employee's Twitter post related to the company's cooperation with union members.
The National Labor Relations Act (NLRA) is a federal labor law that prohibits companies from violating a worker's federally protected right to engage in concerted, protected activity with co-workers to improve working conditions. The NLRB will commence legal proceedings claiming the company improperly restricted the employee's right to use Twitter to discuss working conditions with co-workers and implemented an unlawful social media policy that chilled employees' rights to discuss working conditions, which the NLRB will assert is a violation of Section 8(a)1 of the NLRA.
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