Are Facebook posts, tweets and use of other social media protected by the National Labor Relations Act (NLRA)?

Author: Jed L. Marcus, Bressler, Amery & Ross, P.C.

It depends. An employee's post on a social media site may be protected under the NLRA if the post involves matters relating to terms and conditions of the workplace, is not made solely for his or her own benefit, and is not defamatory. Both union and non-union employees are permitted to discuss or otherwise comment on work-related concerns on social media.