Pending Social Media-Related Cases at All 52 NLRB Regional Offices

Written by Ron Sgambati

NLRB Acting General Counsel Lafe E. Solomon offered some insight into the NLRB’s interest in Social Media earlier this month when he spoke at the Annual Conference on Labor at New York University. During his presentation, Solomon revealed that every one of the 52 NLRB regional offices across the country has at least one pending case presenting issues about employee use of Social Media or an employee’s policy concerning the use of Social Media.

Solomon noted that his work had reached a higher profile than his predecessor, and he credited it in large part to the NLRB’s attention to social media. Solomon said that the “good part” about the intense publicity the NLRB has received over the past year has been that he has had the “rare privilege” of using media appearances and interviews to explain the rights of employees under the National Labor Relations Act (“NLRA”), which had been unfamiliar or unknown to many Americans.

Solomon’s comments make it apparent he enjoys having the NLRB in the spotlight. His comments also explain what may be the motivation behind the NLRB focus on Social Media - the topic of Social Media provides the Board with an always-available platform from which to reach a public which may not otherwise be interested in hearing what the Board has to say about the NLRA.

Due to the pervasiveness of Social Media cases at all 52 regional offices, it appears certain that the summer months will heat-up with discussion of Social Media issues at the workplace.

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