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Employers and Social Media Policies

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Certainly a lot of employers do have social media policies. We are probably in that strange position of saying, no you’re not required to, and I’m not even sure it’s advisable. The National Labor Relations Board has taken a very strict position on social media policies, and it’s very difficult to have a policy that will comply with what the NLRA requires, which is the labor piece of it.

The other piece, which is kind of more of a personal no is, I’ve drafted them, and I think they’re really hard to draft. It’s really hard to tell an employee that this is okay and that’s not okay. And especially because social media is so rapidly changing. When we think Facebook is the king and that’s what we’re really trying to draft policies around and a year later it may not be king, and the vast majority of users may be on something we haven’t even heard of. It’s so difficult to draft a good policy that’s going to incorporate all of those new elements where we can’t see where it’s going.

So, I think it’s really difficult to do, and I think it’s one of those things we’re just going to have to watch where social media goes and watch where the law goes and just follow it that way rather than through a policy.

Minneapolis employment law attorney Sara Gullickson McGrane explains the challenges an employer faces in establishing a social media policy.

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