Bernabei & Kabat’s Michael Ellement Writes Article Discussing Rollback of Employee Protections at NLRB
On March 28, 2018, Michael Ellement, associate at Bernabei & Kabat, PLLC, contributed to Law360. This in-depth article discusses the National Labor Relations Board’s recent rollbacks on protections for workers who post work-related complaints on social media. These changes come at a time when, powered by the #MeToo movement, more employees are taking to social media to express their personal accounts of sexual harassment and assault in the workplace.
In his article, Mr. Ellement cites the Fresh & Easy Neighborhood Market 1 case in which the NLRB found that the employee’s actions were concerted and for the purpose of mutual aid or protection. Mr. Ellement argues that this holding is critical for the protection of employees who use social media to express complaints about workplace harassment.
Mr. Ellement concludes by stating:
“The NLRB’s proposed rollbacks are disturbing enough on their own, as they seek to remove important workplace protections. But it is particularly troublesome that the changes are being proposed at a time when the #MeToo movement has shown the power of online activism to combat workplace harassment. The board should reconsider its retreat from protecting workers using technology to fight for change in the workplace. If it moves forward, Congress, courts and other administrative agencies should fill the gap left by the NLRB and enforce other strong protections against workplace retaliation.”
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