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National Labor Relations Board (NLRB) Settles Claims Based on Employer Social Media Policy

In keeping with the National Labor Relations Board’s continuing efforts to target social media policies that violate the National Labor Relations Act, the NLRB reached a settlement last month with the Koch-owned company, Georgia-Pacific.  The settlement required Georgia-Pacific to repeal its social media policy and to revise its acceptable use, code of conduct, intellectual property, and outside requests for information policies, to ensure that their rules do not prohibit employees from sharing terms and conditions of employment, such as wages and hours of work. 

The initial Charge was filed on July 31, 2012, by the Association of Western Pulp and Paper Workers.  Georgia-Pacific’s social media policy allegedly warned employees that “[e]ven if your social media conduct is outside of the workplace and/or non-work related, it must not reflect negatively on GP’s reputation, its products or its brands.”

The NLRB has focused attention on social media issues since 2010, when it began receiving Charges related to social media policies and discipline for Facebook postings.  Since then, the NLRB has issued a series of three reports regarding dozens of cases involving social media issues.  The third report provides the entire text of a social media policy that the NLRB found to be lawful.  Employers, union and non-union alike, should consider reviewing their social media and other policies to be sure that they do not run afoul of the NLRA.  (See 10 DOs and DON'Ts for Employer Social Media Policies)

© 2020 Odin, Feldman & Pittleman, P.C.National Law Review, Volume IV, Number 25


About this Author

Jonathan D. Frieden, Odin Feldman Law Firm, E-commerce Attorney

A degree in systems engineering and a background in computer coding have helped inform Jon Frieden’s approach to successfully handling a broad range of matters for his technology clients. As a self-described “early adopter,” Jon was one of the first attorneys in Northern Virginia to focus on Internet law and e-commerce.

With a practice centered on complex Internet- and technology-related commercial disputes and transactions, Jon brings a two-pronged approach to helping clients achieve success. Jon’s litigation experience helps structure deals for his clients that avoid potential...