U P C OM I NG E V E N T S 2 0 1 6 April 12–13
NRA Public Affairs Conference
Washington, DC
May 15-17
Destination PA Spring Conference
Skytop Lodge, Skytop
May 17-18
AH&LA Legislative Action Summit
Washington, DC
May 21-24
NRA Show 2016
McCormick Place, Chicago
June 21
PRLA Golf Classic East
RiverCrest Golf Club, Phoenixville
September 26
PRLA Golf Classic West
Fox Chapel Golf Club, Pittsburgh
October 23–25
PRLA Annual Fall Conference & Awards Gala
Omni Bedford Springs Hotel, Bedford
November 13–16
AH&LA Fall Conference & HX: The Hotel Experience (formerly the IHM&R Show)
Jacob Javits Center, New York City
Legal Docket continued from page 17 in Pennsylvania, but ultimately was not passed. Nonetheless, the clear trend across the country suggests this type of demand is not permissible. Along similar lines, an employer should never attempt to “hack” or otherwise attempt to gain unauthorized access into a candidate or employee’s social media accounts. Recent case law has extended the federal Stored Communications Act’s prohibition against unauthorized access to electronic communications to social media accounts. Additionally, an employer committing such actions could be subject to a lawsuit for invasion of privacy. Firing In addition to the hiring process, care should also be taken in reviewing social media profiles of current employees. Again, it may be very tempting to review posts and comments of your employees, especially for discussions related to their employment; however, punishing or terminating employees for those discussions can result in potential legal trouble, including for violations of the National Labor Relations Act (NLRA). The NLRA protects employees from being punished for certain “concerted activity.” It is important to remember that even non-union employees are protected by the NLRA. Examples of protected “concerted activity” include conversations among
two or more employees regarding wages, safety conditions, or other terms and conditions of their employment, including online conversations regarding these topics. The National Labor Relations Board (NLRB) investigates and adjudicates employee complaints related to the NLRA and has been active in addressing employers’ social media actions. In fact, just this past October, the Court of Appeals for the Second Circuit affirmed an NLRB decision that found co-workers who had “liked” another co-workers Facebook post were engaging in protected “concerted activity” (the Facebook post complained of the employer’s failure to properly withhold taxes, resulting in taxes owed by the employee). The NLRB has also been examining employee handbooks and provisions regarding the use of social media and electronic communications to determine whether the effect of the employer’s policy is to chill an employee’s ability to engage in protected “concerted activity.” The use of social media by employers is still an evolving area of the law given the relatively recent rise in the use of social media and the failure of certain laws to keep pace with this change. As an employer, it is important to know how to use social media as a tool without suffering the consequences of its misuse. If you have questions concerning this or other legal issues, please contact Kenneth McDermott (717.909.1624) at Shumaker Williams, P.C., PRLA’s General Counsel.
18th annual
PRLA GOLF CLASSIC EAST Tuesday, June 21 | RiverCrest Golf Club & Preserve www.prla.org/golfeast
18 •
Pennsylvania Restaurant & Lodging matters
• WINTER 2016