Aug. 23, 2022

This paid piece is sponsored by Woods, Fuller, Shultz & Smith PC.

By David Kroon, shareholder, Woods Fuller

It’s no secret that social media has become a permanent fixture in the workplace. Ninety-eight percent of employees have social media applications on their devices for personal use, and 80 percent of those employees admit to using social media at work on a regular basis. With such a prominent role in today’s workplace, it has become crucial for employers and employees to learn when it is appropriate to use social media at work.

Social media and hiring

Almost half of employers now use social media to research applicants. While this may seem like normal practice in today’s environment, using social media has its risks. The most prominent is the exposure to discrimination lawsuits. When viewing an applicant’s social media page, an employer may discover information related to a protected class such as age, race, religion or disability. Even if an employer does not improperly base its hiring decision on one of these factors, a rejected applicant nevertheless may make that claim. If an employer decides to use social media as a hiring tool, it should develop a written policy outlining nondiscriminatory procedures to minimize those risks.

Employee use of social media

Certainly, there are benefits to allowing employees to use social media such as making professional connections that benefit the employer. However, there also are potential negatives such as breach of confidentiality and reducing employee efficiency.

To complicate things further, employers must also be aware that certain social media activity may be protected under the National Labor Relations Act. The NLRA protects employees’ rights to address conditions at work, including some communications related to working conditions on social media platforms.

Employers should develop social media use policies that align with their business goals and applicable law. In light of these legal protections, the decision to discipline or terminate an employee because of social media activity, either during or outside working hours, should not be taken lightly. Because each situation is different, employers are encouraged to contact legal counsel before taking this step.

Mobile devices in the workplace

Employers should consider implementing policies regulating how mobile devices are used in the workplace. Unauthorized or improper use of mobile devices during working hours creates a risk that sensitive or proprietary information may be disclosed improperly. These policies should align with the rest of the employer’s policies in order to have consistent expectations that avoid employee confusion.

By identifying and analyzing how social media may affect your workplace setting, you will be able to minimize potential risks and be better situated to take advantage of the various benefits social media provides. Woods Fuller has a team of attorneys who are eager to assist your business through this process.

Visit woodsfuller.com for details.