Here is the second of three parts on end-of-the-year changes in OSHA, Labor and Employment Law. As a child, I recall the Disney ride, Mr. Toad's Wild Ride, so I should have entitled this post, "The NLRB's Wild Two-week Ride." A lot of pre-Obama Administration precedent was restored in a flurry of decisions.
I was fortunate last week to spend time in Denver with my buddies on the AGC National Safety Committee. We had a good discussion on safety apps and technology, which led into discussions about “can I discipline an employee for taking and posting photos of a work site accident,” or “can we discipline an employee for cursing the company, saying derogatory things, and pasting our logo on his Facebook, “kick” or other social media site?” We then discussed whether an employer could prohibit taking and posting photos of a customer’s site, including where secret or proprietary equipment and processes might be involved … and how to respond if the owner of a multiemployer site told the contractor not to allow photos and and posting of about their company or property? But I’m getting ahead of myself. Let’s first review a few social media basics.