Employment Law This Week®: Facebook Rant Is Protected Activity, DC Metro Bias Case, Salary History Law on Hold, Overtime Rule Delayed

by Epstein Becker & Green
We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact your work. Join us every Monday for a new five-minute episode! Read the firm's press release here and subscribe for updates.

This week’s stories include See more +

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that could impact your work. Join us every Monday for a new five-minute episode! Read the firm's press release here and subscribe for updates.

This week’s stories include ...

(1) Second Circuit Rules Facebook Rant Was Protected Activity

Our top story: An employee’s Facebook rant was protected activity, says the Second Circuit. In the midst of a tense union campaign, a catering company employee posted a profanity-laced message on Facebook. The post insulted his supervisor and encouraged colleagues to vote for unionization. The employee was subsequently fired. Upholding an NLRB ruling, a panel for the Second Circuit found that the post was protected under the NLRA and the employee should not have been terminated. The Court noted that Facebook is a modern tool used for organizing. Ian Carleton Schaefer, from Epstein Becker Green, has more.

"The Court said the rant was made and directed at terms and conditions of employment, to better the workplace environment, and in the context of a union-organizing drive that was very tense. The second factor that the Court considered was that even though it was laced with vulgarity, vulgarity was very commonplace in that workplace on a day-to-day basis and the employer had never taken an adverse action, disciplinary or discharge, against anybody else. The third factor that the Court considered was the context and the forum in which these comments and this rant was made. The rant was posted on Facebook, as opposed to the rant being in front of clients, in front of customers, and it was done on the employee’s authorized breaktime."

(2) Three Classes Certified in DC Metro Bias Case

A district judge certified three classes in a DC discrimination case: A group of African American applicants and employees for the Washington Metropolitan Area Transit Authority claim they were disproportionately impacted by the agency’s background check system. The plaintiffs are arguing that they were disqualified because of criminal history that was unrelated to the job or occurred so long ago that it was irrelevant. A federal judge declined to certify a single class in the case, certifying three subclasses instead. Each class represents a different job category, which corresponds to different parts of the policy.

(3) Philadelphia’s Salary History Law Temporarily Stayed

Philadelphia's salary history ordinance is on hold: The law prohibiting employers from requesting an applicant's salary history was set to go into effect on May 23. A district judge temporarily stayed the effective date, and the City has agreed not to enforce it until the court has resolved an injunction request from the Chamber of Commerce for Greater Philadelphia. Among other constitutional challenges, the Chamber claims that the law violates the First Amendment. They argue that it unduly restricts an employer’s free speech because it is highly speculative whether the law will lessen wage disparities caused by gender discrimination.

Click here for more - http://bit.ly/2qenOWg

(4) DOL's Overtime Rule Appeal Delayed

The DOL’s overtime rule will stay enjoined: The Fifth Circuit has granted the government’s request to delay its appeal of the injunction against the new salary thresholds. Before Alexander Acosta was confirmed as Secretary of Labor last Thursday, the Trump administration sought more time to determine what position it will take on the controversial rule. The government's final reply brief will now be due on June 30, unless another extension is requested.

Click here for more - http://bit.ly/2pp8NOn

(5) Tip of the Week

Rochelle Kopp, Managing Principal for Japan Intercultural Consulting, shares some advice on best practices for team-building across cultures.

"People put a great value on the time spent together and developing personal relationships and bonding as a group of people. In order to take advantage of this, one thing that you can do is to plan more social opportunities for your team members to get together. . . . Doing something outside of work where people can spend time together and socialize and bond really has a big impact. I also recommend having some type of team logo or color or symbol. Something that brings all of you together. . . . Sometimes, from an American perspective, this might seem almost a little bit corny, but I can assure you it's really effective, especially for those group-oriented cultures.”

Subscribe to be notified by email and join us every Monday for a new episode! EmploymentLawThisWeek.com See less -


Other MultiMedia by Epstein Becker & Green

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Epstein Becker & Green | Attorney Advertising

Written by:

Epstein Becker & Green

Epstein Becker & Green on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.