According to 2018 data provided by SCORE, the largest provider of
volunteer business mentors in the United States, 77% of U.S. small businesses
use social media for their sales, marketing, and customer service. If you plan
to use social media to promote your business, a social media
policy is essential to protect your business’s reputation and avoid litigation
by preventing the dissemination of inaccurate, unflattering, or illegal
information.
Here are a few tips for creating a social media policy for your
business:
Let employees know
that the guidelines are intended to help them understand how to use social
media in a positive way to help the business grow. This is an outcome
that will benefit both the business and its employees. Rather than simply providing
a list of restrictions, present the guidelines in a manner that encourages
employees to promote the business to potential customers, contacts, friends,
and family members.
Educate employees
about what they can and cannot share. Clearly define what information is
considered confidential or proprietary and emphasize that if an employee is
unsure about whether their post includes information that falls within these
categories, they should check with you or another designated employee.
Note: The National
Labor Relations Board has ruled that employees cannot be prohibited from
posting information on social media about pay, benefits, and working
conditions, which may be considered a form of “protected concerted activity”
under the National Labor Relations Act.
Provide your policy
to new employees and have them sign an acknowledgement that they have read and
understood it. Your policy can be included in your employee handbook or a separate
document, but requiring employees’ signatures will ensure that it is not
overlooked. It is also important to review the policy with all employees on a
regular basis.
Create standards for
any employees who are allowed to post information on your small business’s
social media accounts. Because your reputation can be impacted by social media
posts, emphasize that all information should be presented in a professional
manner, and posting about controversial subjects should be avoided. It is best
to give specific examples. Provide guidelines for responding to
negative online reviews in a respectful and consistent way. In addition,
specifically prohibit postings that would place the business in legal
jeopardy. For example, make sure employees give proper credit to any sources
they use in their posts to avoid copyright violations. Your business could be
held liable for anything your employees post illegally on the business’s
social media accounts.
Emphasize that the
policy also applies to posts relating to your business made on employees’
personal social media accounts. Employees will often be associated with your
business, even during non-working hours. Instruct them to not to post anything
that would create the impression that they are speaking in any official
capacity on behalf of the business.
Note: Some states
have passed “off duty conduct” laws that may prohibit employers from
disciplining employees for online actions that do not occur during working
hours.
Let employees know
that they are responsible for their postings and that failure to adhere to the
social media policy could result in adverse employment consequences. This warning will
encourage employees to be cautious about what they post online and to
double-check with you or another designated employee if they
have any doubts about the content they intend to post. As noted above, under
the National Labor Relations Act and state law, employers may be prohibited
from imposing disciplinary action for some postings.
Give Us a Call
the opportunities for your business presented by social media, we can help you
draft a social media policy that complies with the law, safeguards your
business’s reputation, and protects it from unnecessary litigation. Contact us
today to set up a consultation.
Need a lawyer? Start here.