The NLRB rules that businesses can’t fire employees who complain on Facebook and other social media about their working conditions. Executives considering disciplining employees who complain about their working conditions on social media such as Facebook or Twitter may want to reconsider after a series of recent opinions from the National Labor Relations Board (NLRB). The NLRB, a government agency focused on protecting worker rights, has ruled against business owners in several recent cases involving the firing of workers who discussed their work environment with fellow employees through social media outlets. The agency’s position is that the National Labor Relations Act protects most discussion of work conditions among employees, including complaints about supervisors, even at non-union companies. Online discussion of work conditions falls under that protection, says Tony Wagner, a new media specialist at the agency. A key caveat: The NLRB hasn’t given employees free rein to whine about their jobs. The complaints must be in the context of employees talking with each other, or talking on behalf of other employees. If an employee posts his gripes to Facebook friends without other coworkers participating in the discussion, then the complaint generally isn’t protected by the NLRB, Wagner says. NLRB determinations of protected worker speech are “very contextual,” he says. Still, the protection appears to be fairly broad. Businesses that have social media policies prohibiting employees from discussing work conditions with each other online may violate NLRB rules, Wagner says. In August, NLRB staff issued a report on 14 recent cases involving social media. The agency found that four employers had illegally fired workers for using social media, and three employers had created overly broad policies banning employee use of social media. “The board has allowed the use of some profane language toward supervisors and others,” says William Finegan, an employment lawyer in the Fulbright and Jaworski law firm. However, physical threats or harassment are not protected, he says. Related content opinion The Importance of Identity Management in Security By Charles Pelton Nov 28, 2023 5 mins Cybercrime Artificial Intelligence Data Management brandpost Sponsored by Rocket Software Why data virtualization is critical for business success Data is your most valuable resource—but only if you can access it fast enough to address present challenges. Data virtualization is the key. By Milan Shetti, CEO of Rocket Software Nov 28, 2023 4 mins Digital Transformation brandpost Sponsored by Rocket Software The hybrid approach: Get the best of both mainframe and cloud Cloud computing and modernization often go hand in hand, but that doesn’t mean the mainframe should be left behind. A hybrid approach offers the most value, enabling businesses to get the best of both worlds. By Milan Shetti, CEO Rocket Software Nov 28, 2023 4 mins Digital Transformation brandpost Sponsored by Rimini Street Dear Oracle Cloud…I need my own space Access results from a recent Rimini Street survey about why enterprises are rethinking their Oracle relationship and cloud strategy. By Tanya O'Hara Nov 28, 2023 5 mins Cloud Computing Podcasts Videos Resources Events SUBSCRIBE TO OUR NEWSLETTER From our editors straight to your inbox Get started by entering your email address below. Please enter a valid email address Subscribe