Top 10 Tips for Reducing the Business Risks of Social Media Use
March 8, 2022Christopher P. Maugans
- If you use third-party organizations to search social media accounts of applicants, be sure to comply with the Fair Credit Reporting Act as well as state and local equivalent laws.
- Take steps to ensure hiring managers are not made aware of any “protected classifications” learned from reviewing an applicant’s social media accounts.
- Be mindful of “lawful off duty conduct” laws that prohibit employers from taking adverse actions related to an applicant or employee’s political activities, recreational activities, or use of legal consumable products.
- Establish policies that account for what business information is confidential and expressly inform employees not to share such information on social media, and the consequence for doing the same.
- Know how and when an employee’s social media usage can (and cannot) be used in a workplace investigation, and when an employee’s speech on social media is protected.
- Consider including social media provisions in anti-discrimination and harassment policies and training, employment agreements, and settlement agreements.
- Review employee electronic monitoring policies to ensure compliance with the growing body of federal, state, and local laws.
- Seek input from internal stakeholders (e.g. Human Resources, Information Technology), periodically review and update policies, and train managers on the same.
- Train employees on the risk of cyberattacks that originate in social media, particularly within the context of mixed-use devices.
- Be mindful of the risks that can originate with social-media phishing, including ransomware, network intrusion, and data theft.
For more information about any of these tips, or to schedule a webinar for your team, please contact: