Pub. 2 2011 Issue 3

fall 2011 13 to identify with their business when networking online. Does the social networking activity enhance the business profile or otherwise contribute to the company? The most basic social networking policy should be very clear in informing employees that their posts as an employee can affect how their employers are perceived. At a minimum, employees should be informed that they will be held accountable for the manner in which they portray their employer online. As an alternative, employers may determine that the marketing benefit of having their employees identify with the employer through social networking is of limited utility, and that employees will be prohibited from identifying or affiliating with their employers in a social networking environment. • The Message – employers should adopt social networking policies that clearly explain the risks associated with an employee’s online publication of information related to their employer. Employees should understand that information they post online might be grounds for disciplinary action. If employers want their employees to engage in social networking in order to enhance the profile of the business, then careful consideration needs to be given regarding the targeted audience and the type of message that needs to be conveyed. • Human Resources – social networking policies should be drafted with an eye toward upholding the employer’s values by maintaining the integrity of other corporate policies. Employees’ online activities can violate other corporate policies, especially those related to confidentiality or harassment; therefore, employers should consult with human resources personnel in drafting these policies. • Other Considerations – despite the need for adopting social networking policies, employers should tread carefully in terms of how they monitor employee’s social networking activities. Broad social networking policies may trigger scrutiny by the National Labor Relations Board if the policy can be interpreted to impede an employee’s rights to discuss working conditions under the National Labor Relations Act. In sum, the purpose of a social networking policy is not to encourage an employer to act as “Big Brother.” Rather, the goal of a social networking policy is to protect the employer - protect its brand, maintain its obligations to foster a workplace free of harassment, and promote the efficacy of other impor- tant corporate policies. Communication is key. Adopting and explaining a social networking policy will go a long way toward avoiding many pitfalls. Q Resourceful. Responsive. Reliable. Do business with someone who thinks like you. www.CBBonline.com 804.239.0452 Should you require more information, please feel free to contact the author, Justin M. Harrison, directly at (304) 347-1785 or via e-mail at jharrison@bowlesrice.com . Justin is a partner in the Charleston office of Bowles Rice McDavid Graff & Love LLP. He is a member of the firm’s Labor and Employment Law group.