If an employee complains about an employer's working conditions over social media does this constitute protected concerted activity?
Author: Jessica Sussman
It depends. According to the National Labor Relations Act, conduct is protected and concerted where an employee acts together with or on the authority of other employees, or brings a group complaint to the attention of management. Therefore, employee complaints about working conditions will be considered protected concerted activity if the employee elicits responses or comments from other coworkers constituting group action about an employment related issue. However, conduct will not be considered concerted activity if the employee is complaining about a personal issue or gripe in the workplace.