NLRB Finds Some Employee Facebook Posts Not Protected Activity

By now, most employers know that the National Labor Relations Board (NLRB) considers Facebook posts among employees about terms and conditions of employment to be protected concerted activity.  A recent NLRB decision clarifies, however, that an employee will not be able to establish that their Facebook posts are protected where the only evidence presented is that, over a period of 5 to 6 months, the employee posted unspecified criticism of their employer, unspecified comments about the union, and provided no information for the NLRB to determine if the employee’s co-workers were involved in the communications.

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