The constant and evolving release of new apps used by employees both personally and in the workplace continue to present challenges to employers in the implementation and execution of workplace policies designed to protect employees, particularly those involving sexual harassment, anti-discrimination and bullying. These challenges are no longer limited solely to social media websites such
Court “Likes” NLRB’s determination that Facebook posts are protected under the NLRA
By Peter Dagostine on
Posted in Enforcement + Litigation, Social Media
The Second Circuit Court of Appeals recently upheld the National Labor Relations Board’s (NLRB) decision that employees’ Facebook posts are protected by the National Labor Relations Act (NLRA). Three D, LLC d/b/a Triple Play Sports Bar and Grille v. National Labor Relations Board.
The case involved two employees and a former employee engaged in a…
NLRB determines vulgar Facebook posts protected concerted activity
By Kathryn Rattigan on
Posted in Social Media
The National Labor Relations Board (NLRB) determined that Pier Sixty LLC, a New York catering service, violated federal labor law by firing an employee server after he posted a Facebook message protesting supervisory abuse and encouraging other employees to vote for a union in an upcoming election. At a recent catering event, employee, Hernan Perez,…