Chipotle Mexican Grill disregards employee’s rights
The National Labor Relations Board (NLRB) ruled that Chipotle Mexican Grill’s social media code of conduct was unlawful because, among other things, it prohibited employees from posting tweets about adverse working conditions. According to the NLRB, such speech was protected concerted activity for the purpose of mutual and or protection. When Chipotle’s manager forced the employee to delete his posts, it violated federal labor law. The post, the employee argued, was about issues affecting more than just him.
Restaurants owners and managers should take note of this ruling and amend any policy that restricts an employee’s rights to freedom of speech about working conditions or wages. There is still room to prohibit disparaging comments about the company or brand but they must be limited to speech that is not directed to working conditions, wages, or terms of employment.
About Tracy Jong
Tracy Jong has been an attorney for more than 20 years, representing restaurants, bars, and craft beverage manufacturers in a wide array of legal matters. She is also a licensed patent attorney.
Her book Everything You Need To Know About Obtaining and Maintaining a New York Retail Liquor License: The Definitive Guide to Navigating the State Liquor Authority will be available next month on Amazon.com as a softcover and Kindle e-book.
Her legal column is available in The Equipped Brewer, a publication giving business advice, trends, and vendor reviews to help craft breweries, cideries, distilleries and wineries build brands and succeed financially.
She also maintains a website and blog with practical information on legal and business issues affecting the industry. Follow her, sign up for her free firm app or monthly newsletter.
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Tracy Jong Law Firm