Earlier this year, the National Labor Relations Board issued guidelines for social media policies. Unfortunately, the guidance only seemed to make things murkier. The Second Circuit recently upheld a Board decision which found that a Connecticut sports bar unlawfully terminated two employees for “liking” a former employee’s Facebook post that criticized the employer. After the win, the Board requested that the court publish the order, so it would have precedential authority for subsequent cases. The employer disagreed and, despite the Board’s plea for the court to publish the decision, the Second Circuit sided with the employer and decided to keep its decision as an unpublished summary order. While it’s a small victory, employers should use this opportunity to review their social media polices and be aware that employees’ discussions on social media may be protected.