Be Careful What You Post on Social Media

A construction company in Vermont fired an employee who subsequently recovered overtime payments through a DoL lawsuit. The company later posted on Facebook about the case that had been mentioned in the local media. The DoL sued the company for retaliation and a district court refused to dismiss the case. An employer’s First Amendment rights to free speech are not protected if it discriminates against an employee (in this situation, one who sought redress for the company’s violation of the Fair Labor Standards Act with respect to overtime pay). The court said that the posting on Facebook was a prima facie case of retaliation. #IdeaoftheDay

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