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ARTICLE · 14 DECEMBER 2012

Is Blogging A Concerted Protected Activity?

Fisher Phillips LLP
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As social media continues to pervade our lives, companies have begun creating labor and employment policies placing restrictions on employees’ use of social media.

United StatesEmployment and HR
Jeff Weintraub
Jeff Weintraub
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You Can't Blog About That!  Or Can You? 

As social media continues to pervade our lives, companies have begun creating labor and employment policies placing restrictions on employees' use of social media. Since August 2011, the National Labor Relations Board's (NLRB) Acting General Counsel, Lafe Solomon, issued three reports outlining his view of how the National Labor Relations Act (the Act) applies to employers' social media policies and employees' social media postings. More recently, the NLRB issued its first ruling on employer social media policies in the Costco Wholesale Corporation decision. There, the NLRB found that certain language might be too restrictive under the Act. 

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