Social Media Policies Dos and Don'ts

Author: Brightmine Editorial Team

While employers have much to gain by implementing a social media policy, employers should be aware of the risks when drafting such a policy, especially when it comes to the National Labor Relations Act (NLRA).

Section 7 of the NLRA protects both union and nonunion employees' rights to engage in protected concerted activity, union organizing and collective action regarding employees' wages, hours and working conditions. The National Labor Relations Board (NLRB) may find that a work rule violates the NLRA if a worker "would reasonably construe" the rule to bar organizing or concerted activity.

As a result, employers should proceed with caution in drafting, implementing and enforcing a social media policy. The guidelines below may help an employer to avoid potential mistakes, including those that run afoul of the NLRA.