Social Media in the Workplace - What You Need to Know

It’s no secret that Facebook, Instagram, TikTok, Twitter, and other social media have become a permanent fixture in the workplace. Nearly 98% of employees have social media applications on their devices for personal use, and 80% of those employees admit to using social media at work on a regular basis. With such a prominent role in today’s workplace, it has become crucial for employers and employees to learn when it is appropriate to use social media in the workplace.

 Social Media and Hiring

 Almost half of employers now use social media platforms to research applicants. While this may seem like normal practice in today’s environment, using social media has its risks. The most prominent risk is exposure to discrimination lawsuits. When viewing an applicant’s social media site, an employer may discover information related to a protected class such as age, race, religion, or disability.

Even if an employer does not improperly base its hiring decision on one of these factors, a rejected applicant may nevertheless make that claim. If an employer decides to utilize social media as a hiring tool, it should develop a written policy outlining nondiscriminatory procedures in order to minimize those risks.

Employee Use of Social Media

Certainly, there are benefits to allowing employees to use social media accounts, such as making professional connections that benefit the employer. However, there are also potential negatives such as breach of confidentiality and reducing employee efficiency.

To complicate things further, employers must also be aware that certain social media activity may be protected under the National Labor Relations Act. The NLRA protects employees’ rights to address conditions at work, including some communications related to working conditions on platforms.

Employers should develop workplace policies that align with their business goals and applicable law. In light of these legal protections, the decision to discipline or terminate an employee because of social media activity, either during or outside working hours, should not be taken lightly. Because each situation is different, employers are encouraged to contact legal counsel before taking this step. 

Mobile Devices in the Workplace

Employers should consider implementing policies regulating how mobile devices are used in the workplace. Unauthorized or improper use of mobile devices during working hours creates a risk that sensitive or proprietary information may be improperly disclosed. These policies should align with the rest of the employer’s policies in order to have consistent expectations that avoid employee confusion.

By identifying and analyzing how social network platforms may affect your workplace setting, you will be able to minimize potential risks and be better situated to take advantage of the various benefits social media provides. Woods Fuller law firm has a team of attorneys in Sioux Falls, South Dakota, and surrounding areas who are eager to assist your business through this process.