Drafting Workplace Social Media Policies: Protecting Employer Interests, Avoiding NLRB Enforcement Action

This CLE course will guide employment counsel in drafting and implementing effective workplace social media policies that will withstand NLRB scrutiny and minimize liability risks. The panel will discuss the most recent NLRB decisions and litigation addressing social media use in the workplace and explain the components of a well drafted social media policy.

Facebook, Instagram, Twitter, LinkedIn 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 continues, and the Board has initiated enforcement actions against companies for a wide variety of potentially overly restrictive policies. Litigation over online postings has increased, with rulings occasionally favoring employers and 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.