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Labor/Employment

Sep. 29, 2011

Not as bad as we feared: Labor Board issues guidance on social media

Surprisingly little has changed from the pre-Facebook analysis of what qualifies as "protected concerted activity." By John McLachlan of Fisher & Phillips LLP


By John McLachlan


Earlier this year there was deep concern in the employer community because the National Labor Relations Board (NLRB) issued a complaint against an employer who disciplined an employee for highly derogatory comments she made about a supervisor on her Facebook page. Questions about whether an employer had any right to respond to such comments without violating the National Labor Relations Act (NLRA) were rampant.


But three recent...

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