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<\/p>\nChances are most of your employees are on social media, and some of them may be using their private accounts to say things about their employment. Frustrated employees might even be complaining about their working conditions \u2013 or about you.<\/p>\n
While it may seem prudent to ban employees from saying anything negative about your organization online \u2013 or perhaps even discussing work at all \u2013 the National Labor Relations Board, which interprets the National Labor Relations Act, has ruled that this kind of restriction is illegal. That said, employers can still encourage employees to think before they speak (or type), and remind them that behavior akin to unlawful harassment of their co-workers may still lead to discipline.<\/p>\n
Also be aware that 23 states have already implemented social media privacy laws for employees, so you\u2019ll want to ensure you\u2019re not overstepping any legal requirements when drafting your social media policy.<\/p>\n
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Here are a few Do\u2019s and Don\u2019ts to keep in mind when creating one: <\/b><\/p>\n
DO<\/strong>\u2026 Respect the privacy of employees. Even publicly-viewable social media accounts are part of the personal lives of your employees. Monitoring the personal conversations of your employees indicates you don\u2019t trust them. Employees who believe their employer doesn\u2019t trust them will be less engaged and committed.<\/p>\n DO<\/strong>\u2026 Encourage employees to be respectful and to avoid statements that could be interpreted as threatening, harassing, or defaming. You can tell them not to present their opinions as those of the company and to refrain from sharing confidential company information on social media. Put employees on notice that you may request to see their social media activity if it\u2019s relevant to an investigation of misconduct. State laws generally say you may request access to an employee\u2019s personal social media only if you\u2019re conducting an investigation into that employee\u2019s alleged misconduct and you have a reasonable belief that the employee\u2019s personal social media activity is relevant to the investigation.<\/p>\n And now for the Don\u2019ts:<\/b> DON\u2019T<\/strong>\u2026 Restrict concerted activity. According to the National Labor Relations Board (NLRB), employer social media policies should not be so sweeping that they prohibit (or would seem to discourage) the kinds of activity protected by federal labor law, such as the discussion of wages or working conditions among employees.<\/p>\n
\n<\/b>DO<\/strong>\u2026 Maintain control over company social media accounts. As the employer, you own them and have a right to access them. You should always have the current credentials to access company social media, even if you assign an employee or outside party to oversee the accounts.<\/p>\n
\nDON\u2019T<\/strong>\u2026 Examine the social media accounts of applicants or employees. If you were to learn information about a protected class or protected activity, and then made an adverse decision regarding the employee or applicant, you could open yourself up to claims of retaliation or discrimination. Generally, it\u2019s best that employers and supervisors not be online \u201cfriends\u201d or \u201cfollowers\u201d of their employees.<\/p>\n