These days, it seems like just about everyone has a Facebook or Twitter account. As a result, lots of companies have come up with rules to make sure all of the social media doesn’t get in the way of a job well done.
However, the National Relations Board (NLRB) is hard at work keeping track of those rules. So far, they’ve come up with six relatively-common social media policies that actually violate the National Labor Relations Act (NLRA).
If your company’s rules look like any of these, you’ll need to come up with a new policy:
1. Considering too many things to be “confidential”
It’s one thing to say your employees’ can’t share trade secrets on Facebook, but if your company considers just about everything to be “confidential”, you could have a problem. That’s because employees could see this rule as a way to eliminate discussions about their own employment.
2. Requiring comments about the company to be accurate
As long as your employees aren’t saying anything malicious about the way they’re treated or about other things that go on at the office, you really don’t have a right to tell them what to say. After all, their social media profiles are their own — and can contain their own opinions.
3. Telling employees to get your permission first
A lot of companies say, “when in doubt, don’t post it until you ask us if it’s OK.” However, this is a direct violation of the NLRA. If your employees are posting something that’s protected by the NLRA, they don’t have to get your permission to do it.
4. Discouraging communication on social media sites
Even the mere suggestion that your employees not “friend” each other on social media sites is a big no-no. You also can’t force employees to come to you if they receive something unsolicited or inappropriate from a co-worker on a social media site.
And, in situations where unions are involved, you can’t require your employees to report any union activity that they may see on a social media site.
5. Rules about photos and videos
If your company’s social media policy says that your employees have to get permission from people before they post their pictures or videos — or, if you require employees to make sure they can legally share photos and videos before they post them — you’re violating the NLRA.
6. Restricting their access to government officials or the media
If your employees communicate with federal, local, or state agencies, they don’t need to get your permission to do it. If you insist that they do, you’re violating the NLRA.
Additionally, if you require your employees to get written permission before they speak to the media, you’re also in violation of the NLRA.