Disciplining Employees for Social Media Posts in View of the NLRA
A Note discussing employee rights under the National Labor Relations Act (NLRA) and the issues employers should consider when seeking to discipline employees for the content of social media posts. This Note considers only the employee protections under the NLRA.
This Note includes references to NLRB precedent issued after January 4, 2012 by recess appointees to the NLRB. In a ruling announced on June 26, 2014, the US Supreme Court in NLRB v. Noel Canning affirmed the ruling of the Court of Appeals for the District of Columbia Circuit that the recess appointments to the NLRB were invalid. The Supreme Court's ruling could effectively invalidate hundreds of NLRB decisions decided by invalidly appointed recess appointees.This Note is in the process of being reviewed and updated in light of the Supreme Court's ruling.