Do your employees use Facebook, Twitter, LinkedIn, You Tube or other social media in the course of their employment? Are employees using social media outside of work? Do you have a policy regarding social media use?
In May, 2012, the Acting General Counsel for the National Labor Relations Board issued a report reviewing language included in the social media policies of several employers and identifying content that did and did not comply with the National Labor Relations Act (NLRA).
Many employers think that if they do not have unions in the workplace, they do not need to worry about NLRA compliance. The reality is that most employers are subject to the NLRA. The NLRA not only protects an employee’s right to join a union, but also protects an employee who engages with one or more other employees in an effort to improve pay, benefits or conditions of employment. Courts have ruled that protections can apply to communication via social media.
As an employer, why do I care? Not knowing the answers to the following questions, and clearly communicating the answers to employees, could create risks:
– Should your employees be using social media during work time?
– Regardless of when an employee uses social media, may all employees post information on behalf of your company?
– Is it clear that employees should not discuss trade secrets or confidential information in social media posts?
– Do employees understand that they may not violate discrimination or harassment policies through use of social media?
While these are only a few of the questions you need to consider relating to social media use, once you have answered relevant questions, the next challenge is figuring out how to communicate your expectations. What we have learned from the May, 2012 report from the NLRB is that employers need to be concerned with semantics when crafting or updating a social media policy.
Whether or not you have set clear expectations, your employees are using social media. Chances are, they’ve talked about work on social media. Setting clear expectations can not only help you and your employees be on the same page regarding appropriate social media use, but also reduce risk for your organization.
Realizing how prevalent the use of social media is, it is a good idea to have a social media policy in place. If you already have a social media policy, be aware that language that may have been appropriate a few months ago may not be compliant today. To ensure your policy is up-to-date, have it reviewed by an attorney or give us a call!
