Finally, Guidance on Employer Social-Media Policies

By Mikal E. Belicove|For Entrepreneur.com|July 10, 2012

For as long as I’ve been writing about the National Labor Relations Board and social-media use policies, I’ve been advising businesses to ensure that their policies and guidelines for employees are reviewed and vetted by legal counsel. That’s because the NLRB hasn’t been a bit shy in ruling that a number of employers have violated the National Labor Relations Act when setting such policies. The problem was that the board hasn’t exactly been forthcoming in providing specific guidance with respect to what it wants to see in such policies and guidelines in the first place.

That all changed recently when the agency — which is responsible for, among other things, investigating and remedying unfair labor practices — issued a 27-page memo (PDF) on the topic. In it, the board reviewed social-media policies from several businesses that it claims run the risk of infringing on employees’ free speech and labor rights, then offered guidance for businesses going forward.

Among the recommendations to businesses when creating and distributing social media policies for employees are the following six points:

1. Know and follow the rules: All of your employees should be urged to read your social media policies and guidelines, and you should make it perfectly clear what is considered inappropriate, being assured that such acts will not be tolerated.

2. Be respectful: The board suggests that your policy explicitly state that employees should…

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