DRAFT: This module has unpublished changes.

 

To mitigate risk and legal liabilities employers should draft lawful policies and educate employees on the use of social media for many don't understand their rights or the intrincacies of social media.  For example, many employees may not understand that once a post is submitted it is permanent, even when it is deleted it can be retrieved or that their content may put them at risk for violating copyright laws if they reveal trade secrets or use copyrighted material without permission.  Employers should also train managers and supervisors on social media and labor related laws so that when they make adverse employment decisions or use social media for employees or screening potential employees they understand the risk and liabilities involved.   


            There are several federal, state and local laws that impact employers’ actions as it relates to their labor decisions and social media policies. Whether an employer has 2, 20, or 200 employees, has in-house counsel or not, they must invest time to understanding the various laws and statutes that control what actions an employer can take as it relates to employee or prospective employee discipline, promotion or hiring when using social media.  The NLRB, EEOC and the DOL have been very active in regards to employee rights as it relates to social media.  In the next year, the court will decide if clicking “Like” on social media is speech in the case of the sheriff who fired several employees after one them clicked like for his opponents Facebook page.   As social media users test the legal boundaries to suit their needs the laws will continue to evolve.  Thus, employers must monitor the courts, current and new laws to ensure that they are compliant with laws as they evolve and address changing communication technologies.

 

In conclusion, after researching labor related laws and analyzing historical and current survey data, anecdotal evidence suggests that employers who don’t have a basic understanding of labor related laws are at increased risk for legal liabilities.

 

 

 

DRAFT: This module has unpublished changes.