The Workplace and Social Media: What Can Employers Require?
For most Americans, social media is part of their everyday routine. Platforms like Facebook, Instagram, Linkedin, and Twitter are powerful tools for sharing information and initiating dialogue. As we’ve written before, the use and ownership of social media accounts has become something most employers seek to address. One question emerging around this topic is what protections and privacies, if any, do employees have when it comes to social media and the workplace.
In the broadest sense, employees have the right to discuss and act collectively when it comes to topics like work conditions and wages. This protection, offered under the National Labor Relations Act, exists regardless of the forum. Employees are free to discuss these issues in person, over the phone, on social media, or any other medium without fear of negative action from their employer. This protection does not typically extend to comments that complain about work in a general way, so employees should still be careful about posting negative comments regarding their place of work.
The lack of clarity around how employers can monitor or manage their employee’s social media is a challenge for all involved, but New Hampshire has passed laws at the state level that provide further guidance. Employers are prohibited from asking or requiring that employee’s submit log in information, reduce privacy settings, or add the employer as a contact on a personal account.
Employers do, however, have the right to monitor or limit social media use on equipment that they have provided. Additionally, employers can request account information and login credentials for accounts that an employee created or obtained because of their employment.
The rules governing employee’s use of social media and the workplace are still evolving at both the state and federal level. As an employee, it’s a good rule of thumb to avoid posting anything you wouldn’t want your employer to see. While you do have some protections, including those outlined above, caution is a good rule of thumb.
