|Jan. 23, 2019 | www.fisherphillips.com|
The National Labor Relations Board recently ruled that In-N-Out Burger’s uniform policy, which forbids employees from wearing buttons, pins, or stickers on their uniforms, violated Section 8(a)(1) of the National Labor Relations Act. Although the popular burger chain argued “special circumstances” justified the policy – namely that it wanted to create the public image of a “sparkling clean” restaurant – the Board rejected that line of reasoning in its March 21, 2017 ruling.
This same time last year, many in the business community were eagerly anticipating the U.S. Supreme Court’s ruling in Spokeo, Inc. v. Robins, which was to decide the standard that should be applied to determine whether plaintiffs have standing to sue companies for alleged wrongdoing. Because the outcome would likely impact data breach class action lawsuits, many attorneys who handle data breach litigation paid especially close attention to the case.
The internet has forever changed the way information is shared. The rapid-fire online patter produces comments and information that could be both helpful and harmful to an employer and its employees. On the one hand, such information can help employers gain insight to the thinking, background, and behavior of its employees and applicants which were not previously accessible. But online behavior has a dark side – the free-flow of information often devolves into the venting of personal opinions and private information about the company or coworkers. At times this information shouldn’t be shared because of legal or moral obligations; other times the information (such as gossip or insults) could be overly upsetting and impact workplace morale.