The National Labor Relations Board (NLRB) has launched a website providing examples of workers' rights when discussing wages, hours, and other terms and conditions of employment, according to a memo from the National Association of Wholesale-Distributors (NAW). The memo also includes an updated NLRB report on company social media policies.
The National Labor Relations Board (NLRB) has launched a website providing examples of workers' rights when discussing wages, hours, and other terms and conditions of employment, according to a memo from the National Association of Wholesale-Distributors (NAW). The memo also includes an updated NLRB report on company social media policies.
According to NAW, "the use of social media for the conduct of this protected 'concerted activity' has been the subject of significant recent NLRB activity." The website currently provides 13 examples of cases that involved employees engaging in alleged protected concerted activity In addition, NAW pointed out that the NLRB protects workers' rights "whether or not the employees are represented by a union."
Here is an example of the summaries post on the website: "A construction contractor fired five employees after several of them appeared in a YouTube video complaining of hazardous working conditions. Following an investigation, the NLRB regional office issued [a] complaint. As a hearing opened, the case settled, with the workers receiving full backpay and declining reinstatement."
In another example, "An employee for a major homebuilder believed he was improperly denied overtime pay because he and other employees were misclassified as supervisors. He wanted to join with the others to file a collective claim with an arbitrator. But the builder said its arbitration policy, which employees were required to sign, only allowed for individual claims. The [NLRB] found that the policy was unlawful because it denied the employees their right to engage in concerted activity by filing jointly."
In May the NLRB issued a report on employer social media policies. "Although this report is intended to provide guidance, employers are well advised to consult with their own legal counsel for professional advice when adopting or revising employment policies and work rules," the NAW wrote in its memo.
The NAW has issued its own legal update on social media and concerted activity. It can be read here.
