Facebook 'Likes' Protected By Labor Law, 2nd Circ. Says

Law360, New York (October 21, 2015, 4:19 PM EDT) -- Two employees’ actions disparaging their employer on Facebook constitute protected, concerted activity under federal labor law, the Second Circuit ruled on Wednesday, saying a sports bar violated the National Labor Relations Act when it terminated the workers for commenting on and “liking” a critical post.

A Triple Play Sports Bar and Grille bartender’s comments on an ex-employee’s Facebook status update that was critical of the bar, and a cook’s clicking “like” on the post, are protected under the NLRA, an appellate panel found in an unprecedential decision affirming an earlier National Labor Relations Board ruling. The workers’ actions amounted to a group...

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