In the age of social media, companies face new challenges in managing employee speech and its potential impact on their brand. The National Labor Relations Board (NLRB) has addressed the issue of employee statements on social media and the extent to which they can be considered as a representation of the company.  

 

This article explores the complexities surrounding employee speech and social media policies and highlights the need for companies to strike a balance between protecting their brand and respecting employee rights. 

 

Learn more about how Asure can help with HR policies, employee handbooks, and compliance. 

 
 

Free Speech Vs Protecting Your Business 

Companies often worry about the potential negative impact of employee statements on social media platforms. The concern arises from the possibility that these statements may be misconstrued as the official position of the company.  

 

This association with negative or controversial content can harm a company’s reputation and brand image. To address this concern, the NLRB has provided guidance indicating that companies have a legitimate interest in ensuring that employees clearly identify themselves as employees of the organization when making statements on social media. 

 
 

NLRB Guidance  

The NLRB’s advice memo emphasizes that when employees make posts on social media that can be perceived as representing the employer, they should clearly express their personal opinions rather than presenting them as the official stance of the company. This distinction allows companies to protect their brand while respecting the individual’s right to express their views. 

 
However, determining the boundaries of employee speech on social media remains a challenge. Different platforms have different contexts and implications. For instance, on LinkedIn, a professional networking platform, employees typically associate themselves with their employers. In such cases, if an employee makes a post or comment that reflects negatively on their employer, it may raise questions about whether they are speaking on behalf of the brand. 

 

The NLRB has not necessarily implied that employees are speaking on behalf of the brand solely based on their association with the company on a platform like LinkedIn. Other board decisions have highlighted the requirement for employees to identify themselves by name when making comments that could be seen as damaging to the employer. It is important to note that the evaluation of employee speech on social media depends on specific facts and policies. 

 
 

Protected Speech About Employers on Social Media 

Policies that prohibit employees from disparaging their employer online are generally not considered valid. Such provisions can implicate discussions about employment terms and conditions, potentially infringing on protected concerted activity.  

 

For example, if employees engage in a conversation on LinkedIn about the scheduling difficulties and burdensome management practices at their company, it could be seen as a discussion about employment conditions. Thus, a policy that broadly prohibits disparaging remarks about the company online would likely be deemed problematic. 

 

However, companies can adopt narrower policies that address specific concerns, such as preventing employees from disparaging customers or disclosing confidential information. These policies need to be carefully crafted to balance the company’s interests and employee rights. 

 

In essence, the law surrounding employee speech on social media coincidentally extends to these platforms as a form of protected speech. Social media policies should focus on allowing employees to discuss legitimate business and employment concerns, including issues related to safety, discrimination, or the work environment.  

 

Any policy implemented by companies should align with these principles and strike a balance between safeguarding the company’s reputation and respecting the rights of employees to express their opinions. 

 
 

Conclusion 

Navigating the intersection of employee speech and social media policies requires a thorough understanding of labor laws and the evolving landscape of online communication. 

 

By creating well-defined and legally compliant policies, companies can foster an environment that encourages responsible social media use while protecting their brand and maintaining positive employee relations. 

 

Asure works with over 90,000 small and midsize businesses. Learn how Asure’s experts assist you with HR policies, employee handbooks, and compliance.