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Judge: Chipotle’s social media policy violates U.S. labor laws

By Associated Press
Published: March 20, 2016, 6:04am

HAVERTOWN, Pa. — An administrative judge found Chipotle’s social media policy violated federal labor laws while ruling in favor of a Philadelphia-area employee who was fired after criticizing the company on Twitter last year.

The fast-food chain must offer to rehire 38-year-old James Kennedy and pay him for lost wages, the judge ruled Monday. Kennedy worked at the chain’s store in Havertown until he was fired in February 2015 and now has a union job with American Airlines.

“If you want to tweet something about your personal experience at your job, do it,” Kennedy told Philly.com on Tuesday. “A lot of times your bosses will sugarcoat what’s going on. Doing it publicly really puts the spotlight on them.”

The social media post that landed Kennedy in hot water came after a customer tweeted thanks for a free food offer in January 2015.

“@ChipotleTweets, nothing is free, only cheap #labor. Crew members make only $8.50hr how much is that steak bowl really?” Kennedy tweeted in response.

Kennedy took down the tweet after a supervisor showed him a social media policy that banned “disparaging, false” statements. But he was fired two weeks later after circulating a petition about workers being unable to take breaks.

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