It’s a complicated, fact-intensive inquiry in every case, but the bottom line is that employers can implement a policy so long as it doesn’t stymie the ability of employees to engage in protected, concerted activity about their conditions of employment. In other words, you can so long as it doesn’t run contrary to labor laws and any existing collective bargaining agreements.
If you are looking for more information on the “dos” and “don’ts” of social media practices, you may want to visit the National Labor Relations Board (“NLRB”) website on the issue (http://www.nlrb.gov/news-outreach/fact-sheets/nlrb-and-social-media).
One interesting side note, if you are hunting for a company that has created a workplace social media policy that has received the “blessing” of the General Counsel of the NLRB, think Wal-Mart Stores Inc. That’s right. Regardless of what you think of the retail behemoth, its social media policy is right on the money as far as the NLRB’s top lawyer is concerned.
The legal issues raised by social media extend outside of the employer/employee context and apply to other corporate endeavors such as advertising and use of intellectual property, which would make for another article.
Hopefully this article was of some use to you and your company in your quest for being legally social. If so, please feel free to share it, pin it, post it, Snapchat it, like it, tweet it, and retweet it accordingly! #thanksforreading.