U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

April 2017 Archives

Union Worker's Profane Post on Facebook Is Protected

An employee's Facebook comments -- including the f-word directed at a supervisor's mother -- days before a union vote were protected by labor laws, a federal appeals court ruled.

The U.S. Second Circuit Court of Appeals said that the Facebook post was "vulgar and inappropriate," but it was not beyond the protections of the National Labor Relations Act. The appeals court said in National Labor Relations Board v. Pier Sixty that the employee should not have been fired under the "totality of the circumstances."

"However, we note that this case seems to us to sit at the out-bounds of protected, union-related comments," the appeals court said.

New York City's 'Black Car' Drivers Are Independent Contractors

In New York City, the color of your car matters if you drive a taxi.

Yellow cars can pick up passengers anywhere and anytime they hail you. Green cars can pick up only in certain burroughs, but still get the same money. Hey, it's a city that never sleeps.

But black cars are different because you work by appointment and you get to pick your hours. So a judge in Saleem v. Corporate Transportation Group says you get no overtime.

It was truly a mad March, and we're not just talking about NCAA basketball or Russian spies. We're talking about the Second Circuit, as well. Over the past 31 days, the Second has ruled on everything from puppy mills to workplace discrimination.

We know you don't have time to read through every case, but we do -- well, almost every case. Here are the ones our caselaw experts marked as the top five, selected for their interesting or unusual scenarios or significant impacts on the law.