Drafting Workplace Social Media Policies: Protecting Company Interests, Avoiding NLRB Enforcement Action
Facebook, LinkedIn, Instagram, Twitter and other social media platforms offer employers and employees more opportunities than ever before to stay connected. Employers are accessing employee and applicant information on social media websites to make hiring decisions, monitor comments about the employer, and evaluate worker productivity.
The NLRB’s scrutiny of employer social media policies and practices has continued to intensify and the Board has initiated enforcement actions against companies for a wide variety of policies it finds overly restrictive. Litigation over online postings has been increasing, with rulings occasionally favoring employers but more frequently favoring employees.
Listen as our authoritative panel of employment law attorneys examines the potential legal pitfalls for employers that monitor or restrict employee social media use. The panel will suggest measures for employers to minimize liability exposure and NLRB enforcement actions, and outline tips for drafting and enforcing effective social media policies.
- Overview of NLRA Sections 7 and 8(a)(1) protections
- Review of latest NLRB enforcement actions on social media policies
- Review of latest court decisions
- Use of social media websites for applicant screening and employee monitoring
- Components of a well-drafted social media policy
The panel will discuss these and other key issues:
- What types of social media activities are protected by the NLRB?
- Which social media policies have attracted the NLRB’s attention?
- How can companies legally respond to employee social media posts that harass or defame others—or disparage the employer?
- How can employers avoid liability for the content of employee posts, including those that aren’t company-sponsored?
Daniel P. Murphy, Partner
Constangy Brooks Smith & Prophete, Atlanta
Mr. Murphy is an experienced labor attorney who practices in the firm's e-Law and Labor Relations Practice Groups, helping employers navigate the complex landscape of the digital workplace. He has conducted numerous training programs and seminars for members of upper, middle and front line management on a variety of subjects including employee motivation, evaluation and discipline, documentation of employee conduct, and managing in a collective bargaining environment. Mr. Murphy has spoken in Europe, Canada and the U.S. on labor and employment issues.
Alexander Nestor, Partner
Allen Matkins, San Francisco
Mr. Nestor represents employers in litigation proceedings in state and federal court, in arbitration, and before administrative agencies on a broad range of employment issues, including discrimination, sexual harassment, retaliation, wrongful discharge, defamation, wage and hour, trade secret misappropriation, and unfair competition claims. He represents employers in individual, multi-party and class action employment litigation.
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