Amidst global unrest and a divided landscape, employees are turning to social media platforms now more than ever to express their opinions. It is critical for an organization to maintain a positive outward brand, but it’s reputation can easily be tarnished by an employee’s single post. All this and more begs the question: From a labor and employment perspective, how much control does an employer have over an employee’s social media activity? Employers have important related questions, such as: Is the First Amendment implicated in these instances? What state laws come into play? How does “at will” employment impact rules or policies an employer can enforce surrounding social media usage? And what does the NLRB have to say about all this?
