Can my business restrict employees’ social media activities?

Social media plays a pivotal role in modern life, and the chances are that all of your employees have at least one account. Generally, what employees post on their personal pages in their own time is of little concern to the company they work for.

Nonetheless, there are some exceptions. If an employee’s personal posts harass another worker or break the law, your company may be able to take legal action. Also, your company may be able to take steps if social media posts damage your reputation or put sensitive information at risk. Here is what the law says:

Protections under the National Labor Relations Act (NLRB)

Under the NRLB, employees are protected from expressing certain opinions, including on social media. Generally, they are free to discuss working conditions as well as complaints with other employees via social media.

Nonetheless, the protections under the NLRB are not limitless. An employee cannot harass or threaten co-workers or clients. They are also not permitted to share sensitive information about the business or clients via social media channels.

Restricting the social media use of your employees is tricky. This is also the case in terms of implementing disciplinary measures for social media posts. It’s crucial that you review the law before taking any concrete steps. Getting your workers to sign up to a social media policy could offer your business protection, but the policy must be drafted in line with regulations.

We help businesses who need further advice on the social media activities of employees. Contact us for a consultation.