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ARTICLE · 02 NOVEMBER 2015

US Employment Litigation Round-Up - October 2015

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On October 13, 2015, California Governor Jerry Brown vetoed AB 465, a bill that would have prohibited employers from requiring their employees to sign arbitration agreements as a condition of employment.

United StatesEmployment and HR

A Review of Key Cases and New Laws Affecting Employers

Second Circuit Affirms NLRB's Decision That Facebook "Likes" Are Protected Activity

Decision: On October 21, 2015, in Triple Play v. NLRB, the Second Circuit Court of Appeal affirmed the finding by the National Labor Relations Board (NLRB) that the Facebook activity of two employees was Protected Concerted Activity (PCA) under the NLRA. The case arose when a former employee began a Facebook discussion by complaining that he owed additional state income taxes and commented: "Maybe someone should do the owners of Triple Play a favor and buy it from them. They can't even do the tax paperwork correctly!!! Now I OWE money ... Wtf!!!!" One current employee "liked" the comment and another added "I owe too. Such an asshole." Triple Play terminated both employees after learning about the posts.

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