Use of Social Media in the Workplace: What Employers & Employees Can and Cannot Do
Wednesday, Nov 28 2012

Can a worker be fired for posting derogatory comments about his or her workplace on Facebook? Can an employer set a policy which prohibits its workers from posting such comments or speaking to the media or other outside parties about their conditions of employment? Since employees in both union and nonunion shops began using social media to talk and even rant about their jobs, the National Labor Relations Board (“NLRB”) has been busy interpreting the meaning of “protected concerted activity” in cyberspace. In addition to defining traditional terms in a new age, the NLRB has also had the challenge of preserving the integrity of protected concerted activity under the National Labor Relations Act in a widely publicized decision D.R. Horton Inc., 357 NLRB No. 184 (2012). This case of first impression invalidated an arbitration agreement that prevented employees from engaging in the concerted protected activity of filing either class action or collective action lawsuits with co-workers. The case required instead they agree to arbitrate such claims solely on an individual basis. The Horton decision came on the heels of the Supreme Court decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), which enforced a class action waiver agreement but in a non - employment setting. A distinguished panel of labor and employment practitioners will explore those issues, and advise you on how you can best represent your client.


Continue Shopping