Social Media is designed for organizing in general and its uses for labor organizing are immense. Just as the internet has changed the way election campaigns are run, social media can change the way communication of the information of organizing and campaigning is distributed and received. Here's a piece on why labor does not get social media. The post is important stuff for the future. But the poster misses the current problem. The putative recipients of social media communications are not positioned to receive the information. They lack access at work, or perhaps have no access at all. That will change as technology gets ever cheaper, and smart phones more easily available. Employers have you thought about cell phone use and social media policies in the workplace?

The Chicago Regional Office of the NLRB has issued a complaint against a luxury car company for firing an employee who posted a "concerted" protest about a promotional event which could adversely affect compensation for sales employees. Our previous posts on this issue are here. This is one area of law that has evolved rapidly. Employers should seek legal advice before making employment decisions about computer use/social media or blog postings. It isn't as simple as conventional wisdom may suggest.

A Facebook post by an employee of a non-profit employer criticized the staff for not doing enough to help the clients served by the organization. The post drew comments from five other employees who defended their job performances and criticized terms and conditions of employment. The employer discharged the five for harassing the original poster. The NLRB issued a complaint alleging the activity discussing workplace terms and conditions was protected concerted activity. A trial is set for June 22. A previous case against a different employer settled.

A Facebook attorney spoke at a recent legal technology conference providing details of its aggressive resistance to requests for user's Facebook account information. Both providers as well as persons seeking information from providers with electronic data need to understand the Stored Communications Act.