Overview: Employers have a broad spectrum of choices for communicating with employees. Bulletin boards, while still a viable means of communication, have long been joined by email messages, tweets and Facebook postings.
Internal and external communications should be monitored and limited by employers to ensure consistency in organizational messages and compliance with federal, state and local laws. Employers should address communications issues in a comprehensive manner, referencing such topics as: confidential business information; media contacts; Internet use; at-will disclaimers; restrictive covenants; use of mobile devices; and communications training. Employers should also focus on keeping the avenues of communication open even in challenging times, such as during a corporate merger or upon an employee's exit from the organization.
Trends: Social media policies, at-will disclaimers, and communications during internal investigations continue to be scrutinized by the National Labor Relations Board (NLRB). Union-free, partially unionized and unionized employers need to heed warnings from the NLRB regarding the unlawful restriction of employees' right to engage in protected concerted activities.
Author: Marta Moakley, JD, Legal Editor
Delaware employers that monitor employee emails, internet access and/or telephone calls should consider including this model policy statement in their handbook.
As recommended by the Montana Department of Labor and Industry, Wage and Hour Unit, employers covered by the Montana Minimum Wage Law may voluntarily post the Montana State Minimum Wage poster.
As mandated by the Vermont Department of Labor, every Vermont employer with two or more employees must post the Vermont Minimum Wage Notice Poster.
As mandated by the New Jersey Department of Labor and Workforce Development, every employer subject to the Family Leave Insurance provisions of the New Jersey Temporary Disability Benefits Law must post the New Jersey Family Leave Insurance Poster.
In-depth review of the spectrum of New Jersey employment law requirements HR must follow with respect to Employee Communications.
In-depth review of the spectrum of Massachusetts employment law requirements HR must follow with respect to employee communications.
In-depth review of the spectrum of California employment law requirements HR must follow with respect to employee communications.
In-depth review of the spectrum of Texas employment law requirements HR must follow in respect to employee communications.
As mandated by the District of Columbia Office of Human Rights, all District of Columbia employers must post the District of Columbia Parental Leave Act Poster.
HR guidance on the legal risks and benefits of employee communications.