Dos and Don'ts Regarding Social Media Policies - Chart

Author: Beth P. Zoller, XpertHR Legal Editor

Introduction

A social media policy is a must for any workplace today.

While employers have much to gain by implementing a social media policy, employers should be aware of the risks and potential pitfalls when drafting such a policy especially when it comes to the policy provisions violating the National Labor Relations Act (NLRA).

Based upon the recent guidance by the National Labor Relations, any provisions of a social media policy that either explicitly restrict, or may be reasonably interpreted to restrict, both union and non-union employees from exercising rights under Section 7 of the NLRA and engaging in protected concerted activity or discussing wages, hours and working conditions, may be viewed as unlawful.

Thus, employers should proceed with caution in drafting, implementing and enforcing any social media policy in the workplace and follow these guidelines.