A few months ago, I wrote about how the National Labor Relations Board (“NLRB”) put on its progressive shoes and opined that an employee who posted criticisms of her supervisor on Facebook had engaged in concerted activity worthy of protection under the National Labor Relations Act (“NLRA”). The NLRB filed a complaint against the employer on account of the employer disciplining the employee.
Facebook and other social networking websites can be a great tool to attract customers and prospective employees. However, the websites can also be a headache for employers. As use of social networking websites continues to increase, their use will be front and center in many employment law cases. And not only are employees suffering adverse consequences because of things they post on these sites – as readers of this blog know from this post a few months ago – employers can even get into the act and using these sites improperly themselves.
The National Labor Relations Board enforces one of the oldest laws in the United States – the National Labor Relations Act – and regulates a labor-relations world that is deep-rooted in tradition, history and precedent. As recent developments at the Board level have shown, however, even an old dog can learn a few new tricks.