The Second Circuit Court of Appeals recently upheld the National Labor Relations Board’s (NLRB) decision that employees’ Facebook posts are protected by the National Labor Relations Act (NLRA). Three D, LLC d/b/a Triple Play Sports Bar and Grille v. National Labor Relations Board.

The case involved two employees and a former employee engaged in a Facebook discussion regarding their employer’s alleged improper tax withholdings. A former employee posted this: “Maybe someone should do the owners of Triple Play a favor and buy it from them. They can’t even do the tax paperwork correctly!!! Now I OWE money [expletive]!!!!” A second employee “liked” that comment while a third employee commented: “I owe too. Such an [expletive].”