Data provided by SCORE, the largest provider of volunteer business mentors in the United States, shows that 77% of U.S. small businesses use social media for their sales, marketing, and customer service. If you plan to use social media to promote your business, a social media policy is essential to protect your business’s reputation and avoid litigation by preventing the dissemination of inaccurate, unflattering, or illegal information.
Here are a few tips for creating a social media policy for your business:
Guidelines Benefit Us All
Let employees know that the guidelines help them understand how to use social media positively to help the business grow. Assisting the company in growing provides benefits for both the business and its employees. Rather than merely providing a list of restrictions, present the guidelines to encourage employees to promote the business to potential customers, contacts, friends, and family members.
Define the Boundaries
Educate employees about what they can and cannot share. Clearly define what information is considered confidential or proprietary and emphasize that if an employee is unsure whether their post includes information that falls within these categories, they should check with you or another designated employee.
Stay Within Legal Boundaries
The National Labor Relations Board has ruled that a business cannot prohibit employees from posting information on social media about pay, benefits, and working conditions, which may be considered a form of “protected concerted activity” under the National Labor Relations Act.
Get a Signature
Provide your policy to new employees and require a signature of acknowledgment that they have read and understood. Include your policy in your employee handbook or a separate document. Requiring signatures will ensure that employees do not overlook the document. It is also essential to review the policy with all employees regularly.
Professional Presentation
Create standards for any employees who can post information on your small business’s social media accounts. Because social media posts can impact your business’ reputation, emphasize that they must professionally present all information and that posting about controversial subjects should be avoided. It is best to give specific examples.
Engagement with Customers
Provide guidelines for responding to negative online reviews respectfully and consistently. The last thing you want is publicly argumentative and disagreeable employees engaging with customers in a public forum.
Representing the Company Legally
Also, expressly prohibit postings that would place the business in legal jeopardy. For example, make sure employees give proper credit to any sources they use in their posts to avoid copyright violations. Your business could be held liable for anything your employees post illegally on the business’s social media accounts.
Off-Duty Conduct
Emphasize that the policy also applies to posts relating to your business made on employees’ personal social media accounts. Employees will often be associated with your business, even during non-working hours. Instruct them not to post anything that would create the impression that they are speaking in any official capacity on behalf of the business.
Some states have passed “off-duty conduct” laws that may prohibit employers from disciplining employees for online actions that do not occur during working hours.
Use Good Judgment
Let employees know that they are responsible for their postings and that failure to adhere to the social media policy could result in adverse employment consequences. This warning will encourage employees to be cautious about what they post online and to double-check with you or another designated employee if they have any doubts about the content they intend to publish.
However, under the National Labor Relations Act and state law, employers may be prohibited from imposing disciplinary action for some postings.
Find Help
If you want to take full advantage of social media business opportunities, consult with the experienced business attorneys at Hopler, Wilms, and Hanna. We can help you draft a social media policy that complies with the law, safeguards your business’s reputation, and protects it from unnecessary litigation. Contact us today to set up a consultation.