NLRB Rules That “Liking” A Facebook Comment Is Protected Activity

The National Labor Relation Board (“Board”) issued its latest decision on social media issues on August 22, 2014.  In Triple Play Sports Bar & Grille, 361 NLRB No. 31 (2014), the Board ruled that a Facebook discussion regarding an employer’s tax withholding calculations and an employee’s “like” of the discussion constituted concerted activities protected by the National Labor Relations Act (“Act”).  The Board also held that the employer’s internet and blogging policy violated the Act.

The employer, Triple Play Sports Bar and Grille, is a bar and restaurant.  In 2011, at least two employees discovered that they owed more in state income taxes than they expected.  Employees discussed the situation at work and complained to Triple Play, which had planned a staff meeting to discuss the employees’ concerns.  Prior to the meeting, a former employee posted the following “status update” to her Facebook page:

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