Social Media Policy

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Social Media Policy

A social media policy sets company guidelines for employee social media use. It establishes confidentiality obligations, restrictions on social media use at work, and expectations for professionalism online. Having a social media policy in place ensures employees are aware of the repercussions of what they post online, whether on professional or personal social media accounts.

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Last updated October 8th, 2025

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A social media policy sets company guidelines for employee social media use. It establishes confidentiality obligations, restrictions on social media use at work, and expectations for professionalism online. Having a social media policy in place ensures employees are aware of the repercussions of what they post online, whether on professional or personal social media accounts.

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Social Media Policy for Employees

Employers may limit social media use during working hours or on company devices, and may enforce disciplinary measures for certain activity on personal accounts. However, restrictions cannot be discriminatory or infringe protected rights, such as those covered by the National Labor Relations Board (NLRA).[1]​

Examples of unlawful practices include firing an employee for making a post regarding their faith, or requiring that employees add their employer on personal social media accounts.

The following federal regulations also restrict what an employer can oversee and demand of their employees:

  • An employer cannot ask an employee to endorse the company on their personal accounts without disclosing their ties to the company, as required by the Federal Trade Commission.[2]​
  • The Electronic Communications Privacy Act prohibits unauthorized employer monitoring of devices and access of electronic communications, including private social media messages.[3]​

NLRB and Social Media

Section 7 of the NLRA protects employees’ rights to discuss wages, hours, and employment with each other.[4]​ Employers must ensure that social media policies are not overly broad so as not to restrict these rights. For example, the NLRB has ruled that overly broad bans on online employer criticism may unlawfully interfere with employee rights.[5]​

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[EMPLOYER NAME]
SOCIAL MEDIA POLICY

This Social Media Policy provides guidelines for the conduct of [EMPLOYER NAME] employees and personnel on social media on professional accounts, and when referencing the company on personal accounts.
1. COMPANY POLICY. All employees must adhere to any provided employee guidelines (Code of Conduct, Employee Handbook, etc.) when using social media in reference to the company.
2. SEPARATE ACCOUNTS. Employees are encouraged to keep personal and professional social media accounts separate and are discouraged from using personal social media during company time or on company equipment.
3. TRANSPARENCY. When speaking about or on behalf of the company, or services, employees must be clear and transparent about their relationship with the company.
4. CONFIDENTIALITY. Employees must maintain the confidentiality of company trade secrets and private or confidential information. Trade secrets may include information regarding the development of systems, processes, products, know-how and technology. Employees cannot post internal reports, policies, procedures or other internal business-related confidential communications. This does not restrict employees from making posts regarding wages, hours, or other details protected by the NLRA.
5. PROFESSIONAL CONDUCT. Employees are strongly discouraged from posting anything illegal, pornographic, harassing, libelous, or that might otherwise create a hostile work environment on the basis of discriminating by race, sex, disability, religion, or any other status protected by law or company policy.
6. AUTHORIZATION. Due to the potential for issues such as invasion of privacy, harassment, and protection of proprietary information, employees may not take or post pictures, videos, or audio recordings of the workplace without written authorization from [SUPERVISOR NAME] (“Supervisor”). Similarly, employees must respect copyright and intellectual property laws. This rule does not require employees to seek authorization to engage in activity protected by the NLRA, including taking pictures of working conditions, protests, and other protected activities.
7. REPRESENTATIVE. If an individual or entity approaches an employee asking to comment on the company or on their behalf, they must not represent any opinion or statement as the policy or view of the company or of any individual in their capacity as an employee or otherwise on behalf of the company. Such inquiries should be directed to the Supervisor. This does not restrict employees from making personal comments on wages, hours, or other details protected by the NLRA.
8. GUIDANCE. Employees should notify the Supervisor of antagonistic online conversations with non-employees, or if they come across any maliciously false or unlawful content regarding the company online. Employees should seek the help of the Supervisor if a customer contacts them on social media, or before posting any content in which they are unsure whether it discloses proprietary information (as defined above). This rule does not require employees to seek the help of the Supervisor before engaging in online conversations or making posts regarding wages, hours, or other details protected by the NLRA, or if they come across any content concerning the same online.

9. DISCIPLINARY ACTION. Please be aware that we may see content and information publicly posted by employees on social media. On or off‐hours online activity that violates company policy may result in disciplinary action or termination.

Sources

  1. 29 U.S. Code § 157
  2. 16 CFR § 255.5
  3. 18 U.S. Code §§ 2511(1)(a) & (2)(d), 2701(a)(1)
  4. NLRB – Interfering with Employee Rights
  5. Wendy’s International, LLC, NLRB Case 13-CA-126272, NLRB – Social Media