For the Pietrylo v. Hillstone Restaurant Group case, do you think the employer violated the Stored Communications Act? Why? Do you think the employer violated the NLRA? Why

 

Answer

To answer this question,it is important to note that in Pietrylo v. Hillstone Restaurant Group, the co-plaintiff, Brian Pietrylo ("Pietrylo") created a group on Myspace.com called "The Spec-Tator." The group's purpose was to give the past and present employees of Houston's Restaurant an entirely private space to vent, without any outside eyes spying in. Once a member was invited and he accepted, the member accessed The Spec-Tator to read postings or to add new postings. No managers were invited to join The Spec-Tator, and none were given a password. Members discussed various topics on The Spec-Tator, such as jokes about Houston's customer service requirements, sexual remarks about management and customers, and references to violence and illegal drug use.

The restaurant's management evaded the employees' privacy settings by coercing another employee to give them access to the website. The New Jersey District Court reasoned that the login authorization was not freely given to management and therefore management violated the Stored Communications Act by knowingly, intentionally, or purposefully accessing the website without authorization. 

I think the employer did not violated the NLRA because the National Labor Relations Acts gives the employers the right to take disciplinary action against abusive speech by employees targeting managers, supervisors, and co-workers. In this case,Brian Pietrylo and his colleagues discussed various topics on The Spec-Tator, such as jokes about Houston's customer service requirements, sexual remarks about management and customers," and "references to violence and illegal drug use.

Employee gossip about a supervisor is as old as chatting around a water cooler. But since online social networking sites like MySpace and Facebook have complained about breaking into employees' lives, the dynamics of gossip in the workplace has changed dramatically.  Pietrylo v. For the Hillstone Restaurant Group, a federal jury in the United States District Court for the State of New Jersey sent a harsh message to employers about social media and its impact on the workplace. On June 16, 2009, a Pietrylo jury voted against Hillstone Restaurant Group, the owner of a Houston restaurant in Hackensack, New Jersey.