September 8, 2011 – In August, Phillip Cha joined the firm as Senior Counsel specializing in employment and labor law issues. Phillip has over ten years of experience as a litigator and counselor assisting management with all aspects of employment and labor law, including wage and hour class actions, harassment claims, discrimination, and suits for wrongful termination. He is particularly interested in helping employers avoid problems before they become law suits, which saves the clients time and money.
For example, Phillip notes that in the Facebook and Twitter era, social media in the workplace has become a major issue for employers. “Unfortunately,” he observes, “the law is not keeping up with the rapidly-evolving technology, so there is little guidance for employers in implementing social media policies.” Phillip explains, however, that the National Labor Relations Board recently issued a report that provides some useful guidance for employers. It discusses the NLRB’s investigations into fourteen cases involving the use of social media in the workplace and employers’ social media policies.
“What if you, as an employer, find that one of your employees has posted disparaging remarks about management?” Phillip asks. “Get advice before you act.” As he explains, the NLRB report includes several cases in which the Board found that employees’ Facebook postings were protected concerted activity because they were discussing the terms and conditions of their employment with fellow employees. Employers should have social media policies, Phillip says, but if they are too overbroad they could be viewed as infringing rights protected by federal law.
“I look forward to counseling employers who need advice on this and other cutting edge issues to help them comply with the law and avoid costly litigation,” says Phillip.
Phillip Cha is a 2000 graduate of the UCLA School of Law.
Lim Ruger is pleased to have Phillip join us.