In sharp contrast to the litany of recent cases where the NLRB has struck down employer social media policies, employers scored a rare win earlier this week in Landry’s Inc. et al., v. Sophia Flores, No. 32-CA-118213. In Landry’s, an ALJ upheld the social media policy of the Houston-based hospitality operator (and parent company of Bubba Gump). The judge rules that the policy (now expired) was drafted in a way which did not impinge upon Section 7 rights of employees – a hurdle that has tripped many other employers. The judge also found that the policy was not enforced.
The decision, which contains beneficial insights for all employers when reviewing their own social media policy, can be found here.