Pub. 8 2017 Issue 4

www.wvbankers.org 22 West Virginia Banker that the employee was “airing a personal gripe,” which is not protected. Guidance for employers NLRB decisions provide insight on drafting company social media policies that don’t violate the NLRA. For example: • Avoid broadly prohibiting employees from using the compa- ny logo or name in non-work related social media communi- cations. Restrictions should be limited to improper use. • Be specific about terms like “confidential” and “inappro- priate.” Truly confidential information, like trade secrets or customer information, is not protected. • Do not prohibit employees from “friending” each other. Not all social media activity is protected. Examples of acceptable social media policies include: • Forbidding employees from impersonating their employer or making statements on the employer’s behalf without authorization. • Encouraging employees to resolve workplace grievances internally and to refrain from posting comments that can be viewed as malicious, obscene, threatening, intimidating or that could create a hostile work place. • Requesting that employees do not disclose trade secrets, publish internal reports, or provide tips based on inside information. • Restricting employees from accessing or using social media for personal use during company time with com- pany equipment. Additional detailed guidance is available at NLRB.gov. We recommend that employers have counsel review social media policies for compliance with the NLRA, and we suggest that employers seek guidance before taking adverse action against an employee for social media activity.  ABOUT THE AUTHORS Margarite Irefin is a sophomore at Dartmouth College who interned in ABA Insurance Services’ legal department. With a major in Economics and a minor in English and French, Margarite is a Dartbeat Writer for her college’s newspaper, “The Dartmouth.” She plans on pursuing a career in law. Jennifer H. Gorman is a Senior Attorney, specializing in employment practices issues. She can be reached at jgorman@abais.com. ABOUT ABA INSURANCE SERVICES ABA Insurance Services provides EPLI customers with valuable loss control services through the law firm of Littler Mendelson including HRRiskManager. com and the Employment Practices Helpline. Visit abais.com. Endorsed byWest Virginia Bankers Association and American Bankers Association and backed by the financial strength and stability of American Bankers Mutual Insurance, Ltd. (ABMI), ABA Insurance Services offers a unique bank-owned and banker-directed program which has provided D&O and bond to financial institutions countrywide since 1987. Recognized for our underwriting and claims handling expertise, we also offer Property & Casualty coverage. For more information, please visit abais.com or contact ABA Insurance Services’ Patricia P. Williams, CPCU at 800-274-5222 or pwilliams@abais.com .