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News | 11.06.15

Keith Markel Quoted on Decision on Social Media and Employee’s Protected Activity

Morrison Cohen partner Keith Markel was quoted in the November 5, 2015, issue of Westlaw Journal - Computer and Internet on the recent decision by the 2nd U.S. Circuit Court of Appeals to affirm the National Labor Relations Board finding that a Connecticut bar-and-grill violated a federal labor law when it fired two employees for “liking” and responding to a former co-worker's Facebook post about their wages and tax liabilities.

Keith said “the decision was somewhat expected because the employees' Facebook posts specifically mention work-related matters that could fall under the umbrella of the labor law's protected activity. The decision nonetheless signals one of the first times that the NLRB, or any court, has addressed the significance of whether a Facebook 'like' constitutes protected concerted activity under the act.” Click here to read article.
 

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