Yesterday’s Advisor summarized legal dangers in disciplining over social media use. Today, again courtesy of national employment law firm Jackson Lewis, we’ll tackle the tricky issue of social media policies, and we’ll take a look at a one-stop HR problem solver.
The precise contours of an employer’s social media use policy will depend on the organization, its culture and approach to social technologies, and the nature of work performed, Jackson Lewis says.
For instance, a social media use policy for educators may be very different from a policy aimed at employees who are encouraged to use social media for developing client relations. However, there are some basic issues all employers should address when implementing a social media policy.
First, employees should be warned that postings including the following will not be tolerated and will subject the individual to discipline:
- Proprietary and confidential company information;
- Discriminatory statements or sexual innuendos regarding co-workers, management, customers, or vendors; and
- Defamatory statements regarding the company, its employees, customers, competitors, or vendors.
Social media use policies should also make clear that if the employee mentions the company with which he or she is affiliated, he or she must also include a disclaimer stating that any opinions expressed are the employee’s own and do not represent the company’s positions, strategies, or opinions.
The policy should specify that these prohibitions apply to postings and blogging occurring at any time, on any computer.
Policies should also provide a detailed explanation of what is considered “acceptable use” (i.e., business use only, limited personal use, or unlimited personal use), Jackson Lewis notes.
Employers can also implement a policy that reduces the level of privacy employees expect in their work computer systems, e-mail, and Internet use.
Indeed, courts have routinely considered whether an employer has an electronic communications policy in determining whether an employee had a reasonable expectation of privacy. While such a policy will not necessarily insulate an employer from all potential liability, it will reduce employees’ expectations of privacy and provide the employer with more discretion to take action against employees who engage in misconduct, Jackson Lewis says.
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Other provisions employers may choose to incorporate into a social media use policy include the following:
- Employees are expected to comport themselves professionally both on and off duty.
- Managers are prohibited from using any informal review systems on social networking sites (i.e., LinkedIn®).
- Company policies governing the use of corporate logos and other branding and identity apply to electronic communications, and only individuals officially designated may “speak” (whether orally or in writing) on the company’s behalf.
- Employees must comply with all other company policies with respect to their electronic communications (such as rules against conduct that may result in unlawful sexual harassment).
- The company’s systems may not be used for any illegal activity including downloading or distributing pirated software or data.
- The company reserves the right to take disciplinary action against an employee if the employee’s electronic communications violate company policy.
- A statement that the policy is not intended to interfere with rights under the National Labor Relations Act.
- Designate a management representative within the organization as the point of contact for policy violations or questions concerning the policy to ensure consistent application.
- Notice that monitoring will occur in order to reduce an employee’s expectation of privacy.
- A reporting procedure for violations of the policy.
A social media use policy should be written with the assistance of counsel for distribution to all employees in employee handbooks, policy manuals (as a stand-alone policy), paycheck reminders, and annual or more frequent e-mail reminders. Employers may also consider requiring employee acknowledgments for receipt of all of the above.
Social media—we didn’t ask for it, but it’s here. And it’s going to be a continual challenge, just like, what, a couple of dozen other recurring HR challenges?
What about new COBRA rules, FMLA intermittent leave, overtime, ADA accommodation, and harassment, to name just a few?
You need a go-to resource, and our editors recommend the “everything HR in one website,” HR.BLR.com. As an example of what you will find, here are some policy recommendations concerning e-mail, excerpted from a sample policy on the website:
- Privacy. The director of information services can override any individual password and thus has access to all electronic-mail messages in order to ensure compliance with company policy. This means that employees do not have an expectation of privacy in their company e-mail or any other information stored or accessed on company computers.
- E-mail review. All e-mail is subject to review by management. Your use of the e-mail system grants consent to the review of any of the messages to or from you in the system, in printed form or in any other medium.
- Solicitation. In line with our general nonsolicitation policy, e-mail must not be used to solicit for outside business ventures, personal parties, social meetings, charities, membership in any organization, political causes, religious causes, or other matters not connected to the company’s business.
We should point out that this is just one of hundreds of sample policies on the site. (You’ll also find analysis of laws and issues, job descriptions, and complete training materials for hundreds of HR topics.)
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