Employers: Are Your Social Media Policies Up To Date?

October 4, 2011 - It is essential that employers with social media policies review those policies in light of recent guidance from the National Labor Relations Board, Office of the General Counsel.  For instance, according to a memorandum issued by the Office of the General Counsel, the following policies all could violate the National Labor Relations Act:  prohibiting employees from posting “private” or “confidential” information about other employees; prohibiting employees from using company information in a personal online profile; prohibiting employees from posting photographs showing the employer’s logo or stores; and prohibiting employees from posting “inappropriate” or “damaging” comments about the employer. 

Moreover, as one recent “Facebook firing” case demonstrates, once an unfair labor practice charge is brought and the NLRB gets involved, other seemingly innocuous policies also may come under fire.  For instance, an administrative law judge found last week that the following three policies unlawfully restricted employees’ rights under Section 7 of the National Labor Relations Act:

• Courtesy:  Courtesy is the responsibility of every employee. Everyone is expected to be courteous, polite and friendly to our customers, vendors and suppliers, as well as to their fellow employees. No one should be disrespectful or use profanity or any other language which injures the image or reputation of the [company].
• Unauthorized Interviews: As a means of protecting yourself and the [company], no unauthorized interviews are permitted to be conducted by individuals representing themselves as attorneys, peace officers, investigators, reporters, or someone who wants to “ask a few questions.” If you are asked questions about the [company] or its current or former employees, you are to refer that individual(s) to your supervisor. A decision will then be made as to whether that individual may conduct any interview and they will be introduced to you by your supervisor with a reason for the questioning. Similarly, if you are aware that an unauthorized interview is occurring at the [company], immediately notify the General Manager or the President.
• Outside Inquiries Concerning Employees: All inquiries concerning employees from outside sources should be directed to the Human Resource Department. No information should be given regarding any employee by any other employee or manager to an outside source.

If your social media or other policies restrict employees’ rights under the NLRA (or could reasonably be read to restrict employees’ rights) – even in a non-union workplace – you should take steps to update them.