NLRB decision further solidifies Facebook ‘likes’ as concerted protected activity

Upholds judge’s decision that employees were discussing work condition issues

Under the National Labor Relations Act (NLRA), employees are protected from employer retaliation when they engage in “concerted protected activity.” That is, activity associated with workers voicing their concerns or opinions about the way they are treated or paid on the job. A National Labor Relations Board (NLRB) decision released on Aug 22 now reinforces that, that protection extends that to Facebook “likes.”

The case at hand involves a tax issues at Triple Play Sport Bar and Grille of Waterbury, Conn. When Triple Play indicated in January of 2011 that employees owed additional taxes because of mistakes they had on their filings, some of the employees took to Facebook to air their “dissatisfaction.”

Executive Editor

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Chris DiMarco

Chris DiMarco, Executive Editor of InsideCounsel magazine, has a background in multimedia production with previous involvement in projects in which he developed and created content...

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