Dan Schwartz commented in a recent Law360 article that discusses the case of a former bartender/waitress and a former cook at a Watertown sports bar. The National Labor Relations Board (NLRB) recently decided that both employees are owed their old jobs and back pay by Sept. 5, because their 2011 firing for critical Facebook comments was ruled illegal.
Dan introduced the industry position by stating, “We have been waiting for appellate courts to start chiming in on whether the NLRB's expansive view of Section 7 rights and social media is going to carry the day, and we really don't have that appellate court review to make that judgment yet.” He further commented, “We haven't seen a lot of appellate guidance, so whether we get it from this case will be something to watch for.”
With consideration to future NLRB responses and appeals of this case Dan added,
“I think the decision is symptomatic of their approach to these cases,” and also commented, “Depending on how Triple Play's lawyer presents the case, the circuit court could address one or all of those issues, and if they address all three, that could fundamentally impact how the NLRA is applied in the social media context.”
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