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Restricting Employee Postings to a Company Facebook or Twitter Account

This is interesting issue that many employers are likely facing, or at least will face as more and more businesses embrace the marketing power that social networking sites offer. We would suggest that 3 principles guide employers. First, employees generally have a duty of loyalty to their employers. Employees should be reminded of this duty and, in the best case scenario, be required to sign an acknowledgement of this duty before being permitted to post comments on social networking sites. Second, employers should monitor their “pages” or accounts with social networking sites. A policy means nothing unless it is enforced. As a result, employers need to be prepared to take action to counsel or discipline employees that disparage their employers on a social networking site. Third, employers should seek counsel about whether employee postings on behalf of the employer on a social networking site might constitute compensable time worked, even if you believe that such postings are voluntary and off duty. Wage and hour issues are much more difficult than many might think and cannot be overlooked.