Navigating Social Media Challenges in the Workplace
One of the hottest topics we're addressing today is the complex landscape of social media in the workplace. Social media has become an integral part of our personal and professional lives, presenting unique challenges and opportunities for employers. As your HR team, we recognize the importance of navigating these challenges effectively to protect our company's reputation, ensure compliance, and foster a positive work environment.
Social media is here to stay, making it imperative for companies to establish clear guidelines on its usage. Without a policy in place, organizations risk reputation damage, security breaches, and legal issues.
Next Steps:
We provide a sample social media policy along with guidance on how to tailor it to your organization's needs. This policy covers areas such as personal and professional use, security considerations, and consequences of violation.
Remember, we're here to assist you every step of the way. Don't hesitate to reach out to our HR team for guidance or assistance in implementing your social media policy.
Customizable Policy
Social Media Policy
This policy applies to all employees' social media activity that relates to our business, employees, customers, vendors or competitors, or that identifies an employee's affiliation with the Company (other than as an incidental mention in personal social media activity unrelated to the Company).
This policy applies to social media activity when on or off duty, while using Company-issued or personal electronic resources and whether or not the employee posts anonymously or using a pseudonym.
For the purposes of this policy, "social media" includes any website or forum that allows for open communication on the internet including, but not limited to:
Social and professional networking sites (e.g., LinkedIn, Facebook);
Micro-blogging sites (e.g., X);
Blogs (including Company and personal blogs) and other online journals and diaries;
Bulletin boards and chat rooms;
Online encyclopedias (e.g., Wikipedia);
Video and photo-sharing websites (e.g., YouTube, Instagram); and
Employee review sites (e.g., Glassdoor).
Social media activity includes adding posts/content and permitting or failing to remove other people's posts/content when the employee has control over the forum, such as a personal page or blog.
Guidelines for Using Social Media
National Labor Relations Act - This policy does not prohibit employee social media activity that is protected under Section 7 of the National Labor Relations Act (NLRA), which includes the right to organize collectively and to speak with others about the terms and conditions of employment. [Insert employer name] will not enforce this policy in a way that would interfere with employees' Section 7 rights.
Use During Work or on Employer Equipment - Employees should limit their use of social media during working hours or on Company-provided equipment unless the use is work-related. Employees should not use Company-provided email addresses to register on social networks, blogs or other websites for personal use.
Application of Other Policies - Company policies regarding discrimination, harassment, retaliation and protection of confidential information apply to social media use.
Personal Opinions - Employees should express only personal opinions on social media and should not represent themselves as a spokesperson for the Company unless given explicit permission or approval to do so. Employees who choose to post online content relating to [insert employer name] should make it clear that they are not speaking on behalf of the Company.
Endorsements - Employees who seek to endorse [insert employer name] in social media should disclose the affiliation with [insert name/contact details for appropriate company representative or department].
Confidential Information - Employees should protect Company trade secrets and private, confidential and proprietary information. "Trade secrets" are defined as [insert definition]. "Confidential and propriety information" is defined as [insert definition]. Employees should make sure that online postings do not violate any nondisclosure or confidentiality obligations, such as disclosing trade secrets and confidential and proprietary information.
Financial Disclosures - Employees should keep in mind that it is illegal to communicate or provide a tip on inside information with respect to the buying and selling of stocks or securities. This may also violate other Company policies.
Intellectual Property Laws - Employees should comply with all copyright, patent, trademark and intellectual property laws and avoid violating the intellectual property rights of the Company or others. Employees are prohibited from using the Company's logos for any business/commercial venture without our approval.
Demonstrate Respect - Employees should not post content that: (a) is threatening, abusive, offensive or knowingly false; (b) disparages the Company's products or services; or (c) depicts the employee engaging in conduct that is unlawful or violates Company policy.
Personal Information - Employees should safeguard sensitive personal information and avoid posting their own or others' personal information that may be used to commit identity theft, such as credit card numbers, driver's license numbers and Social Security Numbers.
Business-Related Social Media Accounts - All business-related social media accounts and related postings maintained by employees for marketing and/or networking purposes are considered Company property at all times. Employees must provide to [insert name/contact details for appropriate company representative or department] all account information, including the username and password. Employees cannot use the account after they leave the Company. Employees are not permitted to change account names or privacy settings.
Retaliation - [Insert employer name] prohibits taking adverse action (e.g., discipline, transfer, termination) against any employee for reporting a possible violation of this policy or cooperating in any investigation with respect to a potential social media policy violation. An employee who retaliates against another employee in violation of this policy will be subject to disciplinary action, up to and including termination.
Media Inquiries - Any media inquiry for comment on the Company's behalf must be directed to [insert name/contact details for appropriate company representative or department].
Internal Contact - Employees should report concerns about social media content posted by others and related to the Company to [insert name/contact details for appropriate company representative or department].
Connecting with Management via Social Media - Employees and supervisors/managers are cautioned against connecting with each other on personal social media accounts, as access may reveal personal and private issues.
References - Employees must direct requests for recommendations or references received through social media to [insert name/contact details for appropriate company representative or department].
Work-Related Concerns - Employees are encouraged to address any work-related concerns with a supervisor or through [insert applicable complaint-reporting process, hotline phone number or email address, etc.], rather than through social media.
Monitoring and Enforcement - Where applicable law permits, the Company reserves the right to monitor employees' use of social media and to take appropriate action with respect to inappropriate or unlawful postings. The need to monitor may arise if the Company has specific information about work-related misconduct, criminal activities or the unauthorized transfer of our confidential and proprietary information and trade secrets, or if the Company needs to comply with applicable laws or regulations. The Company will monitor social media to the fullest extent permitted by law and may take disciplinary action, up to and including termination, against those who violate the policy.
Guidance
The policy included above is a model policy and should be modified according to an employer's specific needs. The policy incorporates common policy provisions and underscores the importance of complying with the National Labor Relations Act (NLRA).
When creating any social media policy, balance the power of social media to promote the Company brand or business against the dangers of failing to protect the brand.
Consider the employer's desired relationship with social media. Decide whether employees and supervisors can use social media to recruit new hires, engage clients and customers or drive sales and brand recognition.
If an employer includes a social media policy in the employee handbook, it is best practice to require employees to sign and acknowledge that they understand the policy when it is added to the handbook, when an employee begins employment and if the employer revises the policy.
Determine who will be responsible for managing the social media policy. The individual or department should know the employer's goals and reasons for establishing these rules.
Make sure that all employees consent to the policy terms before creating or granting access to business-related social media accounts, and remind them of their remaining obligations at the time of termination. Additionally, an employer should change account passwords if they separate from employment (e.g., resignation or termination).
Apply and enforce the policy consistently for all employees, and train employees, including supervisors, on the policy requirements.
If a social media policy covers a topic that is addressed in more detail elsewhere in the employee handbook, insert a specific reference to that policy (e.g., nondisclosure of confidential information).
Be aware of state laws that may affect whether and how an employer enforces a social media policy. Many states have enacted laws restricting employer access to employees' and applicants' personal social media accounts and some states prohibit employers from taking adverse actions against employees for engaging in lawful activities off-duty and off-premises.
Remember that Section 7 of the National Labor Relations Act (NLRA) protects both unionized and nonunionized employees' rights to engage in protected concerted activity, union organizing and collective action regarding employees' wages, hours and working conditions. According to Stericycle, Inc. (372 NLRB No. 113), the National Labor Relations Board (NLRB) may find that a work rule violates the NLRA if a worker "would reasonably construe" the rule to bar organizing or concerted activity.
As a result, an employer should narrowly tailor its policy to make clear to employees what types of conduct is and is not permitted and to ensure the policy cannot be reasonably understood by an employee as infringing on their Section 7 rights. For example, a policy that prohibits all critical remarks about an employer may be found unlawful because an employee may reasonably construe such language as prohibiting their Section 7 right to raise concerns about the employer in an effort to improve their wages, hours or working conditions.
A disclaimer regarding employees' Section 7 rights under the NLRA, such as the one included in this policy, is a risk mitigation measure but will generally not cure overly broad language in a policy. There is no standard disclaimer that provides a safe harbor for rules that appear neutral on their face, though a prominent disclaimer in policies that may involve some risk from an NLRB perspective may help mitigate that risk.
Because the law in this field is dynamic and complex, it is best practice to consult with legal counsel to make sure that a social media policy complies with applicable law.