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
Updated to include notice-posting requirements under the San Jose Opportunity to Work Ordinance, effective March 13, 2017.
Updated to include San Jose notice-posting requirements.
As mandated by the San Jose Office of Equality Assurance, all San Jose employers subject to the San Jose Opportunity to Work Ordinance must post the San Jose Opportunity to Work Ordinance Poster.
Updated to reflect the reinstatement of the St. Louis minimum wage ordinance, effective February 28, 2017.
Enhanced to improve comprehensiveness with the addition of notice-posting requirements in Bangor.
As mandated by the City of Los Altos, California, covered employers under the city's minimum wage ordinance must post the Los Altos, California Minimum Wage Poster.
As mandated by the City of Los Altos, California, covered employers under the city's minimum wage ordinance must post the Los Altos, California Workers Know Your Rights Poster.
Updated to reflect forthcoming notice-posting requirements under Philadelphia's wage equity ordinance.
As mandated by the City of Santa Clara, California, all Santa Clara employers must post the Santa Clara, California Minimum Wage Notice Poster.
As recommended by the City of Malibu, California, all Malibu employers should post the Malibu, California Minimum Wage Notice Poster.
HR guidance on the legal risks and benefits of employee communications.