Social Media Policies

Social media policies are an important planning tool for business owners. A social media policy establishes guidelines for employees using websites like Facebook, Twitter, and others. Your social media policy can be integrated into a larger employment manual, or may exist as a separate agreement between employer and employee. The social media policy may set guidelines for social media use while at work, but it may also establish guidelines for discussing business-related matters on social media outside of work. 

How your social media policy addresses employee conduct outside of work is especially important, because the National Labor Relations Board (NLRB) has recently narrowed what constitutes a permissible social media policy under the National Labor Relations Act (NLRA). It is important for employers to have a lawyer draft their social media policies, so as to protect themselves as much as possible from disparaging remarks via facebook, twitter, etc., while not violating Sec. 7 of the NLRA.

Section 7 of the NLRA protects an employee's right to engage in concerted activities designed to improve wages or working conditions. As such, your social media policy must not be worded in a way that would be seen as infringing on this right. However, it should be worded in a way that prevents employees from discussing your business on Facebook, and other social media sites, in a manner which may harm your business.