Client Alert - Labor and Employment - NLRB Continues to Scrutinize Employers for “Facebook Firings”

For many employers, the NLRB's enforcement actions have created uncertainty when dealing with a decision to discipline or discharge an employee for inappropriate social media postings.  A recent survey by the United States Chamber of Commerce indicates that more than 129 cases involving social media have been reviewed by the NLRB.  Although few have been litigated so far, these cases make it clear that employers need to tread very carefully while disciplining employees for their social media posts.  Even more troubling is the ability to draft social media policies that can survive the NLRB’s scrutiny.  Recently, the NLRB's Division of Advice shed some light on the line between protected and unprotected activity in the context of social media by providing examples of unprotected conducted – at least in its view.  This Client Alert highlights the NLRB's perspective on social media.