Technology: How to link employer work rules and social media policies
Many employers social media work rules and policies violate the NLRA, causing the NLRB to strike down work rules and policies that it believes pose a threat to employees right to engage in Section 7 protected activities.
February 28, 2014 at 03:00 AM
9 minute read
The original version of this story was published on Law.com
Your client is exasperated with what his employees post on social media sites and with having to re-hire Bob despite his negative Facebook posts about management and working conditions. Your client has had it. Despite your many offers to develop a social media policy for his company, your client spontaneously declared at an employee meeting that employees should stop posting anything about work to their social media platforms. Furthermore, if an employee feels they really have something they want to say about work, they should clear the posting with their manager first. This has caused a brouhaha at your client's place of business, and (not surprisingly) resulted in just the opposite of your client's intent — employees have posted all sorts of things to social media about work since the staff meeting. Now what?
The previous three articles in this series addressed employee social media activity, employer responses, and how employers might violate the NLRA by taking action against employees for their social media use in discussing workplace issues. So, what can a prudent employer do to balance the rights of his employees with that of his business? As your client has demonstrated, an outright ban on social media use and clearing posts with management is not the right way to go about it.
Many employers implement work rules or social media policies designed to manage employee social media use and protect the company from legal liability arising out of improper or illegal social media use. A work rule or social media policy provides specific guidelines designed to protect the company's reputation, business relationships, trade secrets, and intellectual property, as well as to minimize liability associated with employees that post harassing, confidential, and/or other inappropriate material concerning the company or the employees. Effective policies provide employers with peace of mind that it officially communicates punishable or terminable offenses when employees violate social media policies, while employees will have a clear understanding of what they can and cannot do online.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Trending Stories
- 1The Law Firm Disrupted: For Big Law Names, Shorter is Sweeter
- 2Wine, Dine and Grind (Through the Weekend): Summer Associates Thirst For Experience in 'Real Matters'
- 3The 'Biden Effect' on Senior Attorneys: Should I Stay or Should I Go?
- 4BD Settles Thousands of Bard Hernia Mesh Lawsuits
- 5First Lawsuit Filed Alleging Contraceptive Depo-Provera Caused Brain Tumor
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250