Impact of Social Media on Rights of Employees under the National Labor Relations Act

Running Head: SOCIAL MEDIA IMPACT ON EMPLOYEE RIGHTS
IMPACT OF SOCIAL MEDIA ON THE RIGHTS OF EMPLOYEES UNDER
THE NATIONAL LABOR RELATIONS ACT

SOCIAL MEDIA IMPACT ON EMPLOYEE RIGHTS
Impact of Social Media on Rights of Employees under the National Labor Relations Act
National Labor Relations Board (NLRB) states that employer’s often protects contents
that employees post on the social media websites that violates employees’ rights (Lengnick-Hall,
Lengnick-Hall, Andrade & Drake, 2009). The NLRA aims at protecting employees who come
together to bring about changes in their employment conditions. Social media upsurge impact
has been felt in almost across all sectors and domain. Employees are currently resorting to using
posts through social media websites in order to highlight an issue or concern. The NLRB aims at
protecting rights of the employees, in addressing a work condition in presence or absence of a
union. Such work related conversation is currently extended to conversations that are conducted
on the social media, such as Twitter and Facebook.
The NLRA includes a federal law that allows employees right to bargain collectively by
use of representatives and unionize. NLRB’s has received tremendous media support in the legal
community. NLRB’s new focus is to apply such rules in modern workplaces, where high usage
of social media is undertaken. The Board has certain guidelines that is applied by employers
while forming their social media policies or restricting employees to post a concern in the social
media website. Employer policies cannot prohibit activities that are protected by federal laws,
concerning discussion on wages or working conditions of employees. Moreover, employee’s
comments on social media are also not protected in relation to group activity amongst
employees. The impact of such laws on employees has led to greater usage of social media
website for reporting discussion and any work related conditions. Certain cases which earlier
were difficult to be reported have started coming to the forefront for solutions. The Board
provides discipline on social media posting. The general counsel investigates more and more
cases and continues in issuing guidance for law in the area.
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