A man fired from a Chipotle in Havertown, PA, after he tweeted about wages and working conditions at the restaurant, has won his labor lawsuit filed before the National Labor Relations Board (NLRB). Specifically, in January 2015, after a customer tweeted out their appreciation for a freebie at Chipotle, the former employee tweeted back, "@ChipotleTweets, nothing is free, only cheap #labor. Crew members only make $8.50hr how much is that steak bowl really?" In response, the employee's boss claimed this statement violated Chipotle's social media policy, which prohibited "disparaging, false . . . statements about . . . Chipotle." Two weeks later, the employee was fired after he circulated a petition about workers' inability to take their breaks. The NLRB concluded that Chipotle's social media policy violated the National Labor Relations Act. As a result, Chipotle is required to offer to rehire the employee, pay him back wages, and post signs that some of its employee communication policies violated the law.
This case is representative of a slew of lawsuits before the NLRB that challenge employer social media policies. The NLRB continues to sort out what types of social media communications are protected under federal labor laws designed to protect the rights of workers acting together to improve wages and conditions. Employers should continue to review their social media policies accordingly with the advice of counsel. Moreover, when reviewing any flagged employee social media posts or commentary– do not just react. Employers should ensure that they have examined whether employees' social media comments speak out on wages and/or working conditions before contemplating discipline to avoid similar labor law violations.
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