California Labor &
Employment Law Blog
Aug 22, 2011

NLRB Issues Report on its Activities Related to Social Media

Topics: Employee Hiring, Discipline & Termination, Workplace Privacy

Last week, NLRB's Acting General Counsel, Lafe Solomon, issued a comprehensive report on NLRB cases involving social media over the last year. In issuing the report, Solomon stated: "As Acting General Counsel, I have endeavored to keep the labor-management community fully aware of the activities of my office. It is my hope that this openness will encourage complaince with the Act [NLRA} and cooperation with Agency personnel."

The report summarizes fourteen different NLRB matters and explains the position taken by the NLRB and the rationale for the NLRB's decision. A review of the report definitely helps the reader get a better understanding for how the NLRB will analyze Facebook and other social media postings in making the determination as to whether or not they constitute concerted activity.
We would advise any employer faced with trying to determine if an employee's social network activity would be considered protected concerted activity to review the report before making their determination (or consult an attorney who has read the report). You can obtain a copy of the report online here.

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Robin Largent has a regular presence in California state and federal courts and has been lead defense counsel and appellate counsel for large and small California employers in litigation (and arbitration) ranging from individual discrimination and harassment claims to complex wage and hour representative and class actions. She also leads the firm’s appellate practice, having substantial experience and success handling appeals, writ petitions, and amicus briefs in both state and federal court on issues such as class certification (particularly in the wage and hour arena), manageability and due process concerns associated with class action trials, exempt/non-exempt misclassification issues, meal and rest break compliance, trade secret/unfair competition matters, and the scope of federal court jurisdiction under the Class Action Fairness Act.
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