Job seekers know that they have to be careful what they post on social media (see Could One Tweet Keep You From Getting A Job?). No bashing the boss or co-workers, no inappropriate statuses or pictures — but it turns out employers have guidelines too.
Last Friday, the National Labor Relations Board’s Acting General Counsel published a report on the outcome of 14 social media investigations. These investigations involved the use of social media and an employer’s social and general media policies. An article on TLNT.com discusses the outcome of the reports, focusing on what employers can and can’t do when it comes to social media policy. 
So what are employers not allowed to do to regulate social media actions of their employees? Here are some highlights:
1) Employers can’t punish employees who discuss workplace responsibilities and performance online, despite any poor language in the discussion.
2) Employers can’t punish employees who seek input on social media from a co-worker about a problem at work.
3) Employers can’t punish employees who display feelings about co-workers online.
4) Employers can’t stop employees from discussing the company, their co-workers, or the company’s competitors online, even if the discussion is negative.
5) Employers can’t stop employees from posting pictures of themselves online even if the pictures depict the employer.
6) Employers can’t stop employees from using social media in a way that “may violate, compromise, or disregard the rights and reasonable expectations as to privacy or confidentiality of that person.”
7) Employers can’t have a general rule against “harassment,” “offensive conduct,” “defamation,” “inappropriate discussions,” “rude and discourteous behavior,” etc.
8) Employers can’t stop employees from using the company or employer’s logos or photographs.
As TLNT.com points out, none of these guidelines have been tested in the courts yet and the area is continuing to develop. Companies can absolutely still have social media policies, they just can’t be so broad and general; instead, policies should be “carefully tailored to serve a legitimate business interest.”
What do you think of the NLRB report? Do these guidelines seem fair?
