Evan Rosen, an Associate in the Labor and Employment and Litigation practices, in the Atlanta office, wrote an article titled “Review Social Media Policies to Make Sure They Comply with Law.”
Following is an excerpt:
On average, your employees use various forms of social media more than 15 hours a month, and they frequently use social media sites like Facebook, Twitter, and YouTube to complain about their job or supervisor. These posts often generate comments from coworkers, customers, and the general public, and therefore are of increasing concern.
Employers have legitimate concerns about their employees’ use of social media. The prudent employer should include a well-drafted social media policy in its employee handbook to address each of these issues. But it is crucial that the policy is drafted narrowly enough to withstand scrutiny from the National Labor Relations Board. Section 7 of the National Labor Relations Act protects employees who engage in concerted activity for their mutual aid or protection regarding their wages, hours, or working conditions. This includes action by a group of employees, or an individual employee acting with or on the authority of employees in pursuit of a common goal. Notably, employees have this right even if they are not members of a labor union.
Reprinted with permission from Hospitality Law, copyright 2012 by LRP Publications