Subway's 'Footlong' Mess Highlights Cos.' Pic Ban Dilemma

Law360, New York (July 24, 2013, 8:03 PM EDT) -- Recent reports of a Subway “sandwich artist” who was fired after posting a photo of himself in an X-rated pose with a piece of bread on the Internet shows companies can have legitimate reasons for prohibiting workplace pictures or videos, but they don't change the reality that the National Labor Relations Board may find such bans unlawful, lawyers say.

The photo, depicting the worker holding his penis on what appears to be Subway sandwich bread, was posted on Instagram accompanied by a caption that read “My...
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