The first time someone told me that a claim had been filed with the National Labor Relations Board (“NLRB”) against a non-unionized company, my reaction was, “But the National Labor Relations Act doesn’t apply to a non-union shop.” While that may be true for many provisions of the NLRA, most private-sector employers – union or non-union – must comply with the requirement that employees be allowed to engage in concerted activity for the purpose of improving their terms and conditions of employment. Since social media is the new water cooler, this means that the NLRA may be implicated anytime an employee posts online comments about his or her terms and conditions of employment.
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