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NLRB Shields Online Rants

By Jenna Greene
May 02, 2015

To some, a recent labor board ruling about social media marks the end of workplace civility. To others, it's a boost to protected speech.

The National Labor Relations Board (NLRB) concluded in a recent case that a New York catering company was wrong to fire a worker who posted an expletive-filled rant on Facebook against his boss and his boss' family. See, Pier Sixty, 02-CA-068612 (March 31, 2015).

The Board's decision was the latest in a series of controversial labor rulings about what speech on social media is protected as “concerted” employee activity. It's a rapidly evolving area of oversight ' the NLRB issued its first Facebook-related decision in September 2012 ' and some lawyers say the agency went too far this time.

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