In today’s day and age, when social media and networking have become an everyday occurrence, legal issues continue to arise. One such recent issue that has reared its head before the National Labor Relations Board is whether postings by employees on social media sites such as Facebook are protected activities under the scope of the National Labor Relations Act. As discussed in the November 8, 2010, New York Times article Company Accused of Firing Over Facebook Post, the board is addressing whether limitations on employees’ posting of comments on social media sites constitute improper restrictions on the rights to discuss working conditions and/or unionization. The import of this issue could be far-reaching and lends further support to why employers should revisit and refine (or establish if one does not exist) policies pertaining to Internet postings by employees.
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Is an employee posting to a social media site a protected activity under the NLRA?
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