Podcast Offers Critical Look at Employer Social Media Policies

Hosted by: David Weisenfeld

California employment attorney Heather Bussing says employers relying on social media policies need to think again. "Policies do not prevent problems, and with social media everything move so fast and there is absolutely no way to undo it."

On this XpertHR podcast, Bussing takes a contrarian view about the need for employers to have a social media policy. For starters, she says that with the National Labor Relations Board's vigilance in reviewing such policies, it is almost impossible to draft one that will withstand legal scrutiny. Bussing adds that even policies that get the NLRB's seal of approval may still have problems under state law.

Podcast Offers Critical Look at Employer Social Media Policies

August 3, 2015

So what is an employer to do to prevent employees from creating online mayhem? Bussing says training is the key. In noting that employers have legitimate concerns, including the protection of trade secrets and employee privacy, she contends that employers need to figure out what they are afraid of besides people saying bad things. Bussing adds, "The employer's desire for control is reasonable, but a policy doesn't do that and that's fundamentally the problem."

Bussing offers a unique perspective as she has represented employers, unions and employees during her long legal career. She also blogs regularly on employment issues in her role as Legal Editor at HR Examiner.