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How to Draft and Enforce a Social Media Policy in the Workplace

Authors: Lisa I. Fried-Grodin, Meyers Fried-Grodin LLP and XpertHR Editorial Team

With the increased use of social media in the workplace, it is critical for an employer to draft and enforce a comprehensive social media policy. An employer that fails to set proper guidelines for social media use may face negative consequences, such as an employee who discloses corporate trade secrets, harasses a co-worker online or tweets about customers in a negative manner. An employer that implements effective policies and procedures to deal with employee social media use can minimize such risks and gain many benefits.

However, an employer must be aware that the National Labor Relations Board (NLRB) is striking down social media policies that prohibit employees in both union and nonunion workplaces from engaging in protected concerted activity under Section 7 of the National Labor Relations Act (NLRA), such as collectively discussing working conditions.