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For activity to be protected under the National Labor Relations Act (NLRA), employees must be discussing terms and conditions of employment, which might include wages or working conditions (management practices, policies, etc.). Protected activity also must be considered “concerted activity.” To qualify as concerted activity, a social media post must:
If an employee’s social media post doesn’t address terms and/or conditions of employment, or if it doesn’t qualify as concerted activity, it likely won’t be protected activity under the NLRA.