Supreme Court Invalidates Recent NLRB Social Media Cases

On June 26, 2014, the Supreme Court concluded that three of President Obama’s appointments to the National Labor Relations Board (NLRB) made in January 2012, without Senate confirmation, were unconstitutional. As a result, more than 700 decisions from the NLRB from January 4, 2012 through July 31, 2013 are now invalid. The NLRB must now reconsider many decisions that affect both union and non-union workers. The decisions include cases where the NLRB limited the rights of employers in the workplace. The most impactful decisions the NLRB can expect to reconsider are its cases focused on social media, and the employer’s limitation to regulate employees’ social media post.