1. 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.
2. Take steps to ensure hiring managers are not made aware of any “protected classifications” learned from reviewing an applicant’s social media accounts.
3. 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.
4. 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.
5. 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.
6. Consider including social media provisions in anti-discrimination and harassment policies and training, employment agreements, and settlement agreements.
7. Review employee electronic monitoring policies to ensure compliance with the growing body of federal, state, and local laws.
8. Seek input from internal stakeholders (e.g. Human Resources, Information Technology), periodically review and update policies, and train managers on the same.
9. Train employees on the risk of cyberattacks that originate in social media, particularly within the context of mixed-use devices.
10. 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:

• Christopher P. Maugans
• James E. Vinocur
• Kristin Klein Wheaton
• Scott R. Green
• Caroline J. Berdzik
• Or another member of our Employment and Labor group