Keywords: NLRB, Facebook Posts, Wage And Hour Class
Action, Immigrant Workers
A Review of Key Cases and New Laws Affecting
Employers
NLRB Approves Employer's Firing of Two Employees Over
Negative Facebook Posts
Decision: In Richmond District Neighborhood
Center, an NLRB judge ruled that a community center
("Center")'s discharge of two youth programming
employees over a profane Facebook conversation about working
conditions did not violate the National Labor Relations Act
("NLRA"). The employees engaged in the Facebook exchange
in August 2012, shortly after the Center offered to rehire them for
the upcoming school year. In the exchange, the employees claimed
that they would take students on "[f]ield trips all the time
to wherever the **** we want" and that the program could just
"figure out the money." The judge found the posts were a
continuation of protected complaints about working conditions made
in a May 2012 staff meeting. A supervisor at the Center, who
