Personal Gripes v. Protected Concerted Activity: Where To Draw The Line Regarding An Employee’s Job-Related Complaint On Social Media?

By now, many people have heard about the Yelp/Eat24 employee who published a rant last month on social media platform Medium addressed to Company CEO Jeremy Stoppelman relating to how her entry-level compensation prevented her from affording food and otherwise living comfortably in the Bay Area. Shortly after the post was published, the employee tweeted

Is Inconsistent Application Of Social Media Policy Evidence Of Discrimination?

A District Court in Louisiana concluded recently that a television station’s inconsistent application of its social media policy entitled a terminated employee to defeat summary judgment regarding his discrimination claim. The television station in question, KTBS, had implemented a social media policy that included a prohibition on employees responding to viewer complaints. The station also

Second Circuit Affirms NLRB Decision Employers Won’t Like

Back in August 2014, we discussed an NLRB decision, which concluded that employees’ use of Facebook’s “like” button can constitute protected concerted activity under Section 7 of the National Labor Relations Act and that the employer’s termination of the employees was an unfair labor practice under the Act.┬áThe Second Circuit recently affirmed the NLRB’s decision.