Employment Law Resources

Employee Briefcase

Nov 26 2013

Social Media Activities May Be Concerted/Protected Activity Under Labor Law | Employment Law

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Jules Smith, a partner in the Labor & Employment Practice of Blitman & King, recently discussed the latest pronouncements of the National Labor Relations concerning employer applications of rules restricting employee use of Social Media, which are generally measured against the rights contained in Section 7 of the National Labor Relations Act.  Section 7 provides that employees not only have the right to join a labor organization and bargain through representatives of their choosing, but also have the right to engage in “other concerted activities for the purpose of collective bargaining or other mutual aid or protection . . . .”   Concerted protected activities can occur in the absence of any labor organization.  In order to obtain the protections of the NLRA, employee action must be both concerted and protected.

If you have any questions regarding whether social media, in a specific instance, was concerted and protected activity please feel free to contact us.