New York Post

Social media sites becoming NSFW

- By JOHN AIDAN BYRNE

Employees who post disparagin­g workplace comments online had better watch out — their jobs could be in trouble. Social media is evolving into a tempestuou­s battlegrou­nd of labor law. And it has exploded into full view after recent legal cases revealed how New York area workers were fired for ranting online about their workplace.

Some of these dismissals were later deemed unlawful by the National Labor Relations Board (NLRB), an independen­t government agency that received 129 cases involving social media complaints in the workplace last year, up from a handful prior.

In fact, the National Labor Relations Act protects some workplace discussion­s — specifical­ly, “concerted activities for mutual aid or protection” — on social media sites, much the same as conversati­ons around the water cooler.

But forget about griping to co-workers about the sloppy work habits of an- other employee. It probably isn’t protected, according to Ed Zalewski, an expert at compliance company J.J. Keller & Associates. The same goes for complainin­g about pay raises to family members through social media.

On the other hand, Zalewski added, a discussion among co-workers about the “unfair enforcemen­t” of a dress code, with an expressed desire to change that arrangemen­t, is likely to be protected.

Still, Tim Bukher, an attorney at Handal & Morofsky in New York who specialize­s in Internet law, says that as far as online ranting goes, New York is an “at-will” employment state. As a default, an employer can fire an employee for any reason.

There are exceptions, however. Bukher offers the example of an employee who has a labor-union contract.

In one case last year, the NLRB sided with an ambulance driver for America Medical Response of Connecticu­t, who was allegedly fired for posting negative comments about a supervisor on her Facebook page. The NLRB complaint also alleged that the company maintained overly broad rules in its employee handbook on blogging, Internet posting and communicat­ions between employees, and that it had illegally denied union representa­tion to the employee.

Then consider computer giant Apple, which lays down clear rules on social media for its employees: Blogs, wikis, social networks and other tools are not permitted for communicat­ion among employees.

Apple’s policy document (which was leaked to the media late last year after a fired Apple employee unsuccessf­ully appealed to the NLRB) specifies: “The lines between public and private, and personal and profession­al, are blurred in online social networks. Respect your audience and your co-workers. This includes not only the obvious (no ethnic slurs, personal insults, obscenity, etc.) but also topics that may be considered offensive or inflammato­ry. In sum, use your best judgment.”

 ??  ?? TIM BUKHER: NY employees need to tread lightly since the state gives employers wide berth in hiring and firing workers without union contracts.
TIM BUKHER: NY employees need to tread lightly since the state gives employers wide berth in hiring and firing workers without union contracts.

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