"Liking" a Comment on Facebook Can Be NLRA-protected Concerted Activity: NLRB | Practical Law
In Three D, LLC d/b/a Triple Play Sports Bar and Grille, the National Labor Relations Board (NLRB) held that "liking" Facebook comments concerning complaints about owing state taxes because of purported employer errors in tax withholdings was concerted activity. The NLRB held that the employer unlawfully discharged two nonunion employees who participated in the expletive-ridden Facebook discussion. The NLRB also held that a company policy prohibiting inappropriate discussions on the internet or in blogs was sufficiently imprecise that employees would reasonably construe it to prohibit activity protected under Section 7 of the National Labor Relations Act (NLRA).