How to Create a Social Media Policy
How to Create a Social Media Policy

How to Create a Social Media Policy

_From the HR Pros of the HR Support Center

Social media has exploded as a means of electronic communication. Whereas this efficient, ever-present medium has magnified the concept of in-the-moment connectivity and communication, its impact on workplace policies, as well as on how organizations conduct business correspondence and advertising, has become all-encompassing.

The challenges that businesses experience with social media usage involve maintaining policies on what employees share in this very public, very-difficult-to-delete medium and yet adhere to the laws under the National Labor Relations Act (NLRA) as it relates to employee rights and communication on social media websites.

Legal challenges

The biggest challenges and balance in dealing with social media in the workplace is differentiating between effective communications and marketing methods versus vigilant retention of an organization’s security. Complicating these matters further, the law governing social media in the workplace remains unsettled.

Few courts have addressed the legality of monitoring an employee's social media use on a company-owned communication device, such as a laptop computer, tablet or smart phone. Courts have been applying decades-old electronic communication laws, including the Stored Communications Act of 1986, for guidance on social media case litigation. Courts have been debating whether online posted messages, photographs and videos on social media sites are discoverable in court and whether this content is considered to be private and protected from disclosure.

Social media policies

Monitoring employees' use of social media can be challenging and frustrating. As these websites are often hosted on outside servers not controlled by an organization, the ability and rights of the company to monitor the online social media activities is somewhat stifled. In order to minimize the legal risks associated with the use of social media in the workplace and to ensure that company-owned property is being used appropriately, employers should develop an effective and legal social media policy for their employee handbooks that encompasses clear rules, as well as communicates that the organization has no intent of violating Section 7 of the NLRA in its company policy on social media.

Although there are several concerns to balance, key points to consider when drafting a social media policy include the following:

* Understand your employees' rights to use social media under the National Labor Relations Act (NLRA). The National Labor Relations Board (NLRB) says that employees have the right to discuss work conditions on social media sites without retribution from their employers. The NLRB has released a series of guiding points in how employers may proceed in regulating employee social media use. This resource provides a good starting point for the creation and administration of social media policies.
* Focus on restricting employee behavior that is not protected under the NLRA. For example: instruct employees not to disclose trade secrets, forbid postings that contain offensive language and instruct employees not to post harassing or disparaging comments about other employees that could lead to discrimination claims (such as comments related to sex, race, disability or religion).
* Be prepared for discovery. Employers must anticipate that content on social media sites will be relevant in employment litigation. A social media policy should address discovery issues associated with requesting content from these sites and counsel must be prepared to discuss these issues with opposing counsel.

Although social media is an ever-evolving concept and will continue to expand its influence and presence in workplaces, employers can counter its negative impacts and encourage its advantages through thoughtful, compliant workplace policies. Sample social media policies and other useful tools are available in Paycor’s HR Support Center. To learn more about the HR Support Center and other support we can provide, get in touch with a Paycor representative.

More to Discover

HR Statistics You Need to Know for 2020

HR Statistics You Need to Know for 2020

The world of human resources is constantly evolving. With the introduction of “gig” jobs like Uber and high-tech advancements, employees have more power than ever. There's a new desire to find a balance between work and life.There are more job openings than candidates. And opportunities to change jobs are abundant. Workers have less reason to rely on and remain loyal to their employers. Especially if their employers don’t offer employees what they want.With 2020 right around the corner, we’re looking at the stats and trends we’ve seen in human resources, hiring, and workplace culture. The future is here. So, it’s important to understand the current climate and be ready. General HR Trends and Statistics Candidates moving through the...

The Turnover Crisis in Retail: An Action Plan for Owners and Operators

The Turnover Crisis in Retail: An Action Plan for Owners and Operators

When examining turnover rates by industry, retail rises to the top. In 2018, the average retail turnover rate eclipsed 60%, with employees citing better opportunities, promotions, pay raises and a desire for more hours as top reasons for leaving. Retailers have constantly battled turnover for years, but it’s become especially problematic during the holiday season when employers enter into an arms race to fill jobs. The Negative Effects of Turnover Human Resources Today found that retail turnover translates into more than 230 million days of lost productivity and $19 billion for recruiting, hiring and training expenses. And when consumers visit a brick and mortar store, many are looking for a true shopping experience. But when employees...

3 Reasons to Invest in a Learning Culture: Recruit, Retain, Engage

3 Reasons to Invest in a Learning Culture: Recruit, Retain, Engage

Learning is a win/win for employers and employees. Learning-driven organizations tend to be more efficient, create more customer value and market leadership, and report higher customer satisfaction. Employees of all ages, especially Millennials, see re-skilling and upskilling as critically important, and often it’s the deciding factor in their decisions to take a new job or stay at their current company.In Paycor’s Guide, “3 Reasons to Invest in a Learning Culture,” you’ll learn how to invest in and build a learning culture. You’ll also learn the “why behind the what,” and see firsthand how your company’s learning impacts your ability to recruit, retain and engage talented people.Download Paycor’s Guide for actionable tips and insights...

Case Study: Shelba Johnson Trucking

Case Study: Shelba Johnson Trucking

After experiencing numerous implementation challenges and unreliable customer support Shelba Johnson Trucking had enough and began searching for a reliable HR and payroll provider. Read the case study below to learn how Paycor’s HCM platform helped eliminate manual processes and offer supervisors more visibility into hours worked and time off requests.“Whether it was working with sales or implementation, I’ve always felt confident with my Paycor team. They’ve never made empty promises and always go out of their way to help us. - Carol Agee, Director of HR Why Shelba Johnson Trucking Left Their HR & Payroll Provider Shelba Johnson Trucking transports furniture across the entire eastern United States and Texas. When their previous HR...