Social media is essential for staying competitive in today’s digital landscape, and companies need a social strategy. This includes figuring out how your business should use social media to promote its goods and services. It also means establishing the right social media policy for your employees.
Many Texas employers are uncertain of their rights when regulating employees’ social media use. Indeed, there are a number of potential traps that an uninformed employer may fall into when attempting to come up with a consistent set of rules. A qualified Structure Law Group Texas employment attorney can assist you in drafting, reviewing, and revising a social media policy that can work for both management and your employees.
Respecting Employee Privacy
Let’s start with a simple rule. Per Texas law, you cannot ask your employees to hand over the login or password for any of their personal social media accounts. Nor can you require employees to add you or the business as a friend or contract on their personal accounts.
Restricting Access During Work Hours
Under Texas law, an employer can generally restrict or prohibit employee social media usage while “on the clock.” Such a policy must be clearly communicated to the employees and–this is key–consistently enforced. If you start making “exceptions” to the policy, it can undermine its effectiveness and open you up to charges such as illegal discrimination.
Remember that your social media policy will have to define precisely what is considered “social media.” Most people would agree that Facebook, Instagram, and X (formerly Twitter) are social media networks. But what about video-based sites like YouTube and TikTok? These platforms fulfill many of the same functions of social media; so if you want to restrict their use during work hours, you need to make that clear. Do not assume your employees will know what you mean by “social media.”
Some Social Media Activities Are Legally Protected
Even with a clear, consistent policy banning social media use at the office, some forms of employee speech are legally protected from employer interference. This includes any communications related to an employee’s rights under the National Labor Relations Act. For instance, you cannot prevent your employees from discussing their wages or work conditions with one another via social media. Even employee criticism of your business on social media may be considered legally protected if it is deemed an attempt to engage in collective labor action.
Enforcing Texas Social Media Policies
Aside from legally protected speech, a Texas employer is generally allowed to discipline or fire an employee based on their social media posts. For example, you could fire an employee for making racist or sexist posts on their personal X account. Similarly, you can fire an employee if they use their social media account to promote illegal activity.
Our Texas Employment Attorneys Can Help You Business Craft the Right Social Media Policy
A social media policy is often part of a more extensive employee handbook that spells out the rights and responsibilities of each employee. Our skilled Texas employment lawyers can assist you in creating any critical policies for your business. Call SLG today at (512) 881-7500 or contact us online to schedule a consultation.