Minding Your (Digital) Business

Social media use in the workplace is no longer occasional or incidental. With over 73% of the U.S. population active on at least one social media platform, it is a regular part of our everyday lives. Social media use in the workplace is no exception.

Employers are facing increased scrutiny for what their employees say and do, both on and off the clock. Additionally, there is no shortage of litigation against employers for alleged violations of employee civil and constitutional rights and anti-union animus. Therefore, it is imperative that employers have up-to-date social media policies. In drafting these policies, an employer’s interests must be weighed against the rights of employees. The employer’s interests typically include:

• Avoiding disruptions in regular operations
• Maintaining good working relationships among coworkers
• Establishing discipline and supervisory control
• Avoiding obstructions in employees' abilities to perform their work duties

Whereas employees retain other important rights, such as the First Amendment right to free speech and the ability to discuss wages, benefits, and other terms and conditions of employment. Overall, a clear, well-communicated social media policy can help employers protect their brand, promote professionalism, and reduce legal exposure while respecting employees’ rights.

Wright Beamer is happy to assist you with drafting a practical social media policy that recognizes the realities of modern workplace communication and protects the company’s brand and reduces legal risk. Please contact us at 248.477.6300.