Social Media

Responding to the increased use of social media by their employees, many employers have adopted policies designed to protect not only the company’s brand and its competitive strength but also the interests of its employees.  Even though these policies are not intended to interfere with the right of their employees to form a union and engage in collective bargaining, the current acting National Labor Relations Board General Counsel has taken the view that certain policies may have the effect of inhibiting employees from participating in “protected concerted activity.”  The result has been a lack of clarity as to what employers’ policies may and may not include.  HR Policy Association believes that companies should not be constrained by the labor laws from being able to fashion policies to protect such critical interests as ensuring the integrity of confidential information and trade secrets, and protecting against the harassment or defamation of co-workers, customers, products or the employer.