Managing the Legal Risks of Social Media Inside and Outside the Workplace

“Social media has had a profound impact on the workplace,” says Erinn Rigney, an employment law attorney at K&L Gates in Chicago.

“10 to 15 years ago, people had a different idea of what work meant. They would show up at an office building, complete their tasks, and leave for the day. Work was typically not on their minds when they went home, and they certainly weren’t communicating with work through emails, phone calls, text messages, [or personal social media accounts].”

In addition to bringing work home through social media, there is also the unsanctioned use of social media accounts by employees communicating with one another or supervisors that businesses should consider when writing policies.

Why It’s Important To Have Company Policies on Employee Use of Social Media and Communication

“Unsanctioned [social media activity] can bring up many different issues as to where [sexual harassment] can occur in the workplace,” Rigney says. “Simply because, at times, even when off-site, if it’s a communication between co-workers or a supervisor, there is the possibility for harassment to occur, even through social networks. Business owners could be liable even if the two parties weren’t in the building or communicating during normal business hours.”

Additionally, there are issues concerning the National Labor Relations Act (NLRB). Employees are allowed to engage in protected, concerted activity, so company policies that attempt to limit what employees do on their own time may violate federal statutes.

To avoid mistakes, “this all takes a well-drafted social media policy, as well as mandated training on social media use and security—especially for tech companies, sales, and startups that require the use of social media or social media marketing. [Training on workplace sexual harassment is also essential] and has been very big… since the #MeToo movement,” says Rigney.

Tips for Crafting an Effective Social Media Policy

Have a social media policy that is tailored to the industry your company is involved in. If your business is a factory that doesn’t use social media much and has no online presence, your policies will look very different than those of a tech or sales company that is encouraging the use of social media platforms with their employees.

“It’s important to take stock of your workforce’s tech literacy level,” says Rigney. If you have a bit of an older workforce, they may need more of an explanation of what social media’s purposes are and why privacy settings are important. Those who have not grown up with social media sites as a central part of their lives may need a primer on social media accounts. On the other hand, if you have a younger workforce, you should certainly take into account their affinities and abilities within the social media management world when writing your policies.

“Each company is different, so it is difficult to speak on specifics of what each social media policy should contain,” Rigney says. “If this is a public company versus a private company, there will be different considerations because there are federal disclosure laws under the SEC that may be violated by a social media post of [confidential information], whereas a small local business probably doesn’t have those types of concerns.”

Getting Legal Advice from an Experienced Employment Law Attorney

If you’re an employer who allows or encourages employees to promote products and services on social media platforms, contact an experienced employment attorney in your area for advice on your potential legal liabilities, employees’ rights, and social media policies.