see attached

Social Media in the Workplace

article by Diana Bauer, Senior Partner at Carson Boxberger LLP

email: [email protected] phone: (260) 423-9411

website: carsonboxberger.com

=acebook - 850 million users Twitter - 300 million users .inkedin - 135 million users

:hances are, your employees use some 3r all of these forms of social media.

>ocial media's rapid evolution presents great business value, but if can also carry Dotenfial piffolls if improperly used by imployees.

Regulating social media in fhe v\/orkplace sresents many challenges, because the a\fj is still developing. This article presents Dractical considerations for businesses :onfemplating social media guidelines 3nd poiicies.

vlany employee handbooks already :ontain poiicies forbidding the disclosure

3f confidential or proprietary business nformation and trade secrets. Those Dolicies apply vj'iiU equal force to social nedia. This is of particular importance tor :ompanies subject to regulations and irofessionai confidenfiaiity obligations like he banking and medical sectors.

Harassment, bullying and retaliation are t permitted in the v\/orkplace and

Tiost companies already have policies egarding conduct and respect. Those policies aiso apply to employee use of ;ocial media.

Remind empioyees to be respecttui in heir sociai media postings. Profane, Dbscene or disparaging comments ;houid be prohibited. One commentator ;uggests a "mothers and newspapers ule." Would you want your mother to ead what you posted? Would you feel

comfortable reading what you wrofe in the local nev\/spaper? If the ansvî er is no, then the post or tweet is inappropriate.

Remind fhe employee thaf he or she is responsible for anyfhing posted that uses a company email address and/or which can be traced back to the company's domain. All actions in the social media reaim are pubiie and employees will be held accountable for their activities.

There are many questions regarding whether an employer can control use of social media outside the v\/orkplace. These are difficult questions fo answer, but generally speaking, employees should be reminded fhat they are responsible for fhe content of anything they post publicly, even on their own time.

Despite guideiines and palicies, employees may still post negative comments or disparaging remarks about their employer. Guideiines and policies must remain mindful of interfering with employee-protected speech. For example, last year the National Labor Relations Board (NLRB) ruled against an employer who fired an employee for complaining on social media sites about workplace conditions during non- work hours. The NLRB stated that the employer's conduct interfered wifh fhe employee's rights under federal iaw fo discuss wages and working conditions v\/ith covi/orkers.

The lavi/ is stiil developing. Discuss guidelines and policies with your company attorney before disseminating fo employees. ^

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