In two consolidated decisions involving Three D, LLC d/b/a
Triple Play Sports Bar and Grille (the Sanzone and
Spinella decisions), the National Labor Relations Board
(the "Board") determined that an employee's use of
the "Like" button on Facebook constituted protected
activity under the National Labor Relations Act
("NLRA").
Employees of Triple Play discovered that they owed more in
income tax, allegedly attributable to Triple Play's failure to
withhold sufficient payroll taxes. When employees complained, the
company scheduled a staff meeting to discuss the issue. Before the
meeting, a former employee posted on her Facebook page: "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 ... Wtf!!!!" Spinella (a current employee)
"Liked" the posting. The posting elicited over a dozen
comments from current employees (including Sanzone), former
employees, and customers expressing
