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Social media is valuable marketing and recruiting tool for employers. Social media also poses challenges in the workplace, as a majority of employees have access to and frequently use social media in some form throughout the day. Productivity may decrease when employees access social media and other online content during working hours. To further complicate matters, the National Labor Relations Board (NLRB) has taken an enforcement position that limits an employer’s ability to restrict employees’ use of social media. Employees using and posting messages via social media, in both personal and business contexts, can raise concerns regarding issues of free speech, privacy, breach of contract, copyright infringement, and protected speech under the National Labor Relations Act (NLRA).

Our attorneys advise clients on how to proactively shape, implement, and monitor social media and online conduct policies that strike a balance between protecting the interests of the company, protecting the rights of employees, enhancing the culture of the workplace, and complying with evolving standards and laws.

 

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