Burr & Forman

06.9.2017   |   Articles / Publications

Burr Alert: Employees’ Social Media Activity: Proceed with Caution

Given the prevalence of social media in our online culture, employers are forced to navigate the everchanging landscape of issues presented by the social media usage of their employees.

What recourse does an employer have when an employee posts on his or her social media platforms about the workplace What if the employee’s post attacks an employer’s practices or even personally attacks his or her supervisor?

The National Labor Relations Board (“NLRB”) gives context to these questions, and, as with most legal and compliance issues, the answer is “it depends.” On April 21, 2017, the Second Circuit issued its decision in NLRB v. Pier Sixty, LLC1 which restricts employers’ ability to take action based on disparaging social media posts by employees.

In Pier Sixty, the Second Circuit considered, in part, whether to enforce the NLRB decision that an employee’s comments on Facebook about management, which were made during work hours, constituted “protected concerted activity” and were not so outrageous to remove the employee’s protections under the National Labor Relations Act (“NLRA”)

Download the full article, “Burr Alert: Employees’ Social Media Activity: Proceed with Caution” by Emily A. Crow.

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