Starting with well-drafted policy, employers should clearly define acceptable and unacceptable social media usage to ensure employees do not impermissibly disclose confidential company information, infringe third party intellectual property rights, or harass and discriminate against others.

To comply with the National Labor Relations Act (NLRA), such policies should avoid potentially discouraging employees from discussing terms and conditions of their employment with coworkers or others.

A social media policy should:

• Require adherence to relevant company policies concerning harassment, standards of conduct, confidentiality, trade secrets, and financial disclosures;
• Caution against using malicious, obscene, or defamatory content;
• Prohibit posting rumors or other knowingly false information;
• Forbid managers from accessing or requesting access to subordinates’ restricted social media pages without a valid business reason;
• Prohibit employees from representing themselves as company spokespersons without proper company consent;
• Instruct authorized employees on how to access and manage company-owned social media accounts; and
• Include an NLRA-related statement regarding protected activities.

Take-Away:

Implement and regularly review a comprehensive, clearly written handbook to include an updated social media policy.

We publish this series to educate employers on best practices for a well-written handbook that assists applicants, employees, and management alike. To purchase our template handbook – which contains the above policy and much more – and accompanying forms or for more information, please contact Office Manager Aimee Rosales at 626.583.6600 or email her at officemgr@tbowleslaw.com.

See also:

• Laying Down the Law – Workplace Policy Handbook & Forms for 2023 (November 18, 2022)
• Handbook Helper Episode 13: Company Devices: Hand On, Hands Off- An Electronic Systems Policy (October 14, 2022)
• Handbook Helper Episode 12: Prying Eyes – Employee Privacy Policy (September 30, 2022)
• Handbook Helper Episode 5: Golden Rules – Workplace Conduct Policy (July 8, 2022)

Cindy Bamforth
November 25, 2022