Social media and networking sites have become commonplace in today's workplace. The most popular sites, such as Facebook, Twitter, LinkedIn and YouTube, help people reconnect with former classmates, colleagues and friends.
Users can leave public messages for their "friends" and create interest groups or networks. Employers face the risk that employees may post negative, misleading or defamatory information about the company, its employees or its products on these platforms.
A recent NLRB case settled after an unfair labor practices charge highlights this risk: the employer fired an employee for criticizing a supervisor on Facebook, and the agency found the employer's policy overly broad because it could prohibit concerted employee activity protected under federal labor law. The employer agreed to revise its social media policy to ensure employees' rights to discuss working conditions are preserved.
Even in non-union workplaces, employees have rights under the NLRA to share information about working conditions. Before disciplining employees for social media posts, consider whether the posts could arguably constitute protected concerted activity.
Recommended social media policy guidelines
- Employees may not use company equipment or systems to access social networking sites during work time.
- Using personal cell phones, PDAs or similar devices for social media must not interfere with working time.
- Employees should not post on behalf of the employer without management approval.
- Employees may not use company logos or trademarks on social sites without company authorization.
- Employees may not promote company products or services online without prior management authorization and disclosure of their employment relationship.
- Employees may not post information that disparages the company's products or services, contains false statements, or breaches confidentiality policies.
- Employees who discuss their employer on personal profiles should include a disclaimer that opinions expressed are their own and not the company's.
Keep policies narrowly tailored to business needs and avoid language that could be read to prohibit employees from discussing wages, hours or other terms and conditions of employment; for additional perspective on workplace social media issues, see Social Media Revolution.
Also review how social media incidents could affect your liability and business coverage; for context on insurance considerations, see Understanding Liability Insurance Premiums. If you need help applying policy changes to your operations, consider taking the next step to talk to an agent.
Article courtesy of Worklaw Network firm Shawe Rosenthal.
Frequently Asked Questions
Can an employer ban employees from posting about work on social media?
Employers can adopt policies governing social media use, but they must not prohibit employees from engaging in protected concerted activity related to working conditions.
Should social media policies apply to personal devices?
Policies can restrict use during work hours but should be careful not to regulate lawful off-duty, off-premises protected activity.
Is it necessary to include a disclaimer for employee personal profiles?
While a disclaimer can help clarify that views are personal, it does not override policies that are otherwise unlawful or overbroad.