(May 1, 2012, Weil News)
Weil, Gotshal & Manges partner Jeffrey Klein was quoted by
Private Equity Manager magazine in an article about social media policies at private equity firms. The article, entitled "PE employees unite!", addresses the impact of the National Labor Relations Board's second opinion, issued earlier this year, affirming that digital social media are fair grounds for employees to engage in collective bargaining or similar concerted activities. Klein, who chairs Weil's Employment Litigation practice, noted the difficulty in drawing a line between an employee who is simply venting and one who is attempting to initiate a collective action. Moreover, the fact that some decisions have turned in part on whether an employee's Facebook post, to cite an example, elicited any responses from co-workers makes the issue particularly intractable. Private Equity firms, he advised, should make clear that their social media policies are not intended to limit employees protected rights under the National Labor Relations Act.