With elections just around the corner, it is important for California employers to understand just what potentially could be considered a “concerted activity” under Section 7 of the National Labor Relations Act (NLRA). The reach of just what is protected may come as a surprise to many employers. Indeed, a US court [Second Circuit] recently affirmed the National Labor Relations Board’s (Board) ruling that a Facebook “like” can be such an activity.
Employees covered under the NLRA have the right to join together to improve their wages and working conditions, with or without a union. Specifically, according to the Board, employees can engage in “concerted activity”, which is when two or more employees take action for their mutual aid or protection regarding terms and conditions of employment. A single employee may also engage in protected concerted activity if he or she is acting on the authority of other employees, bringing group complaints to the employer’s attention, trying to induce group action, or seeking to prepare for group action.Details