A PowerPoint class presentation summarizing business social media policies

1. Presentation
by
R. Elena Tabachnick
for

2. The Question
• Does social media content and behavior belong
to the institution or the people who work there?

3. The Problem
Social media is great for business...
Until employees use it to
– Malign their employers
– Share poor images of the workplace
– Harass coworkers
– Publish proprietary information
– Engage in personal communication

4. The Solution ?

5. Not This

6. A clear, company social media policy.
The right solution?

7. Social media policies can govern:
• Personal use on company time
• Professional behavior in professional capacities
• Compliance with harassment policies
• Proprietary information
• Copyright
• Privacy
• Company ownership of social media content
generated on the job

8. But not like this…

9. A 2013 survey by Grant Thornton found
71% of companies worry about
employee use of social media,
but...
• Only 33% had a social media policy
40% were planning to create one or had related policies
• Only 36% trained employees in social media use
Although this was up from 21% in 2011.

10. In today’s world, a social
media policy is
necessary.
Yet, there are limits to
what business can do.

11. Case: Costco
• Costco’s policy barred posts that
damaged the company or a
person’s reputation.
Case: Giant Supermarket
• Giant’s policy barred employees
from posting any information
about the workplace.

12. Against the Law?
• These social media policies ran afoul of the
National Labor relations Board.

13. The Law
• The National Labor Relations Board (NLRB)
governs employee free speech rights.
• The NLRB has ruled that companies can’t control
employees’ personal, social media accounts.
“No one should be fired for anything they post
that’s legal, off-duty, and not job-related.”
- Lewis L. Maltby, president, National Workrights Institute

14. Companies Can’t Prohibit Complaints
• The NRLB has ruled that social media policies like Costco’s and
Giant’s are too broad.
• On personal social media accounts, any speech related to
“improving the terms, conditions, and details of employment” is
protected –
including complaints.
• Such social media posts are just like talking in the break room.

15. Not All Rulings Go Against the Employer
Case: World Color (USA)
Case: Richmond District Neighborhood Center
• Employees were fired for critical Facebook posts.
• The NRLB ruled that the firings are justified.
World Color: There was not enough
evidence that posts were protected.
Richmond: The posts contained protected
and unprotected speech.

16. Employers can fire employees for
social-media misconduct, but the
issue is tricky.
Companies need to check
with labor counsel before
acting.
Employees need to know
their rights.

17. A good social media policy
Balances employer interests and worker rights.
Any situation that affects employee behavior can benefit from a clear company policy.
When people know the guidelines they are expected to follow, it makes life easier for
managers and employees.

18. Sources
• Beesley, Caron. “How to Craft a Social Media Policy for Your Small Business.” U.S. Small Business Administration. January 16, 2013. Web
February 26, 2014.
• Burke, Lindsay. “The NLRB Strikes Down Employer Policies on Social Media and the Confidentiality of Complaint Investigations.” Inside
Privacy. August 13, 2013. Web February 26, 2014.
• Campbell, Casandra. “The Complete Guide to Developing a Social Media Policy for Your Business.” Social Media Today. July 18, 2013.
Web February 25, 2014.
• Dotson, Alyesha. “NLRB Outlines Employers' Social Media Policy Dos and Don'ts.” The Young Lawyer, Vol. 17 No. 7, May 2013. Web
February 25, 2014.
• Elk, Mike. “Employees at Koch-Owned Georgia-Pacific Can Now Tweet About Work Without Fear.” In These Times. Jan 7, 2014. Web
February 25, 2014.
• Gesenhues, Amy. “Survey: 71% Of Companies Concerned Over Social Media Risks, But Only 36% Provide Employee Training.” Marketing
Land. Sep 27, 2013. Web February 26, 2014.
• Hernandez, Steve and Witlin, Scott. “NLRB Judge Gives a “Like” to Facebook-Related Termination.” BT Labor Relations. November 14,
2013. Web. February 26, 2014.
• Holst, Christine. “A Rare Facebook “Like” for Employers: NLRB Overturns ALJ, Finds Lack of Evidence to Support Facebook Post as
Protected Activity.” BT Labor Relations. February 21, 2014. Web February 26, 2014.
• Jones, Jennifer Amanda. “10 Tips for Creating a Social Media Policy for Your Business.” Social Media Examiner. February 9, 2012. Web
February 25, 2014.
• Meister, Jeanne. “To Do: Update Company's Social Media Policy ASAP.” Forbes. February 7, 2013. Web February 25, 2014.
• National Labor Relations Board. “The NLRB and Social Media.” n.d. Web February 25, 2014.
• Wang, Betty. “NLRB: Social Media Policy Can't Be Too Restrictive.” FindLaw. July 30, 2013. Web February 25, 2014.