Employment Litigation Forecast: Greater Challenges Ahead

Law360, New York (April 12, 2013, 12:53 PM EDT) -- Social media has found its way into all aspects of life, including employer-employee relations. Looking ahead, social media is likely to be a continuing focal point in employment litigation. Recent developments underscore this fact.

In fall 2012, the National Labor Relations Board’s Costco Wholesale Corp. decision got the attention of employers when the NLRB ruled that the company’s social media policy that prohibited employees from posting statements that could “damage the company” was overly broad and therefore invalid.

According to the NLRB, employees could reasonably interpret...
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