Triple Play Appeals NLRB’s Recent Decision Holding That Employees’ Facebook Activity is Protected Under the NLRA

Triple Play Sports Bar and Grille has appealed to the Second Circuit Court of Appeals to review the NLRB’s recent decision that employees’ use of the Facebook “like” button constituted concerted protected activity under Section 7 of the National Labor Relations Act. As outlined in our earlier post covering that NLRB decision, the NLRB’s ruling potentially has broad implications for employers considering whether to take action in response to employee posts, comments, “likes,” or other activity on social media sites. This will be one of the first opportunities for a federal appellate court to rule on the NLRB’s generally employee-friendly interpretation of workers’ rights under Section 7 of the NLRA in the social media context. We will be monitoring the appeal and continue to report on new developments.