Employment Law This Week (Episode 70: Week of May 1, 2017) has released bonus footage of its interview with Ian Carleton Schaefer, a Member of the Firm at Epstein Becker Green.
As Mr. Schaefer discusses, the Second Circuit recently ruled that an employee’s Facebook rant was protected activity. 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.
As Mr. Schaefer discusses, the trend toward equal pay regulation continues, with new legislation in New York and New Jersey. The New York City Council has voted again to broaden the New York City Human Rights Law, amending it to state that any exceptions should be construed narrowly. Among other protections, the law prohibits paying an employee less money based on gender. And following similar laws in California and New York, the New Jersey Senate recently passed legislation that would make it illegal for an employer to pay men and women different salaries for substantially similar work.