Social Media Update

In what should be no surprise, an NLRB administrative law judge found for a group of employees against their employer in the first fully litigated social media case under the National Labor Relations Act. The decision is, I hope on the outer edge of what the NLRB believes is sanctionable conduct, given that there was no attempt by the employees to raise any workplace issues with their employer. The conduct involved a group of employees complaining about coworkers and working conditions on Facebook. Several of the employees were terminated after the Facebook postings came to the attention of the employer.
The decision reinforces, again, the necessity for employers to avoid taking precipitous action based on social media conduct involving their workforce. See my post below for more details.