• NLRB’S New Posting Requirements and First Reported Decision Regarding Employees’ Social Media Communications
  • October 11, 2011 | Authors: Lori Barnea; Aliza F. Herzberg
  • Law Firm: Olshan Frome Wolosky LLP - New York Office
  • The National Labor Relations Board (“NLRB” or the “Board”) is spending much of its time and resources ocusing on non-unionized workplaces. The Board recently issued a final rule on Notification of Employee Rights under the National Labor Relations Act (“NLRA”), requiring most private employers to post a notice of employees’ rights. In addition, on September 2, 2011, an NLRB administrative law judge (“ALJ”) held that employees’ Facebook communications with each other regarding employment conditions are protected concerted activity under the NLRA even in a non-union environment. This is the first such decision by an NLRB ALJ. Below are the details of the new final rule and the recent recision.