Employees will post about work. A clear policy protects customers, confidential information and your brand, while respecting the rights employees have by law.
The National Labor Relations Act (NLRA) protects most private-sector, non-supervisory employees’ right to engage in “protected concerted activity,” which includes discussing pay, schedules, safety and other working conditions with each other, including on social media. This applies whether or not the workplace has a union. The National Labor Relations Board has found many broad social media rules unlawful, such as bans on “negative comments about the company” or on discussing pay.
EZTime digital HR forms let you send, sign and file employee documents online.
| Generally safer (when clearly explained) | Riskier (may be found unlawful) |
|---|---|
| Do not share specific confidential business information, such as trade secrets or customer data | Do not discuss your pay or benefits |
| Do not post patient or customer personal information | Do not criticize the company or managers online |
| Do not post threats, harassment or discriminatory content about coworkers | Do not post anything that could damage the company’s reputation |
| Only authorized people may speak officially for the company | Get approval before posting anything about work |
| Disclose your employment when you endorse company products | Do not post photos taken at work (without a specific, legitimate reason) |
The legal standards for evaluating workplace rules have changed over time and can change again. Have an employment attorney review your policy.
Many states have laws that prohibit employers from requiring or requesting employees or applicants to share passwords to personal social media accounts, to log in in front of the employer, or to add a manager as a friend. Some also prohibit retaliation for refusing. Do not ask for access to personal accounts, and check the rules in each state where you have employees. Also be cautious about using information from candidates’ social media in hiring decisions, since it can reveal protected characteristics such as religion, age or disability.
| Section | What it covers |
|---|---|
| Purpose and scope | Why the policy exists and which accounts and platforms it covers |
| Official accounts | Who manages company accounts and how others can suggest content |
| Speaking for the company | Only authorized employees speak officially; others should make clear views are their own when discussing the business |
| Confidential information | Specific examples of information that must not be shared, such as customer data, trade secrets and unreleased plans |
| Customer and patient privacy | No posting identifiable information or images without consent and legal authorization |
| Harassment and discrimination | Existing anti-harassment policies apply online, including toward coworkers |
| Endorsements | Disclose your relationship with the company when promoting its products |
| Use during work time | Personal use limited to breaks, consistent with the cell phone policy |
| Media and crisis inquiries | Refer journalists and crisis questions to a named person |
| Employee rights statement | A clear statement that the policy will not be applied to restrict rights under the NLRA |
| Reporting | How to report concerning posts |
| Consequences | How violations are handled |
The Federal Trade Commission’s Endorsement Guides say that when there is a material connection between a person endorsing a product and the company, such as employment, it should be clearly disclosed. If employees post about your products or services, ask them to make the relationship clear, for example “I work here” or “#employee.” If you run an advocacy program, train participants on this and monitor for compliance.
| Topic | Sample clause |
|---|---|
| Purpose | “This policy helps you use social media in a way that protects our customers, our confidential information and each other.” |
| Official voice | “Only the marketing team and people they authorize may post on official company accounts or speak on behalf of the company.” |
| Personal views | “If you post about the company on personal accounts, please make clear that the views are your own.” |
| Confidential info | “Do not share customer personal information, passwords, unreleased product plans, or other non-public business information described in our confidentiality policy.” |
| Privacy | “Do not post photos or information that could identify a customer or patient without their written permission and approval from management.” |
| Harassment | “Our anti-harassment and anti-discrimination policies apply online. Do not post threats, harassment, or discriminatory comments about coworkers, customers, or others.” |
| Rights | “Nothing in this policy is intended to restrict your right to discuss wages, hours, or other terms and conditions of employment, or any other rights protected by law.” |
| Media | “Refer media inquiries to [name or role].” |
| Industry | Key concerns |
|---|---|
| Healthcare | Patient privacy under HIPAA and state law; no images or details that could identify patients |
| Restaurants and hospitality | Guest privacy, kitchen photos and food safety perceptions, reviews of competitors |
| Retail | Unreleased products, promotions and pricing before launch; shoplifting incidents involving customers |
| Construction and field service | Client property and job-site security; photos of unsafe conditions (handle via safety reporting, not discipline) |
| Financial and professional services | Client confidentiality and industry-specific advertising rules |
Many public complaints start because employees do not feel heard internally. A private company feed, regular surveys and accessible managers give people a place to raise concerns before they post. eztime’s company feed and employee surveys support this, and our guide on communication channels at work explains how to set expectations for each channel.
It depends. Posts involving threats, harassment, discrimination or disclosure of confidential customer data may justify discipline. Posts discussing pay, schedules or working conditions with coworkers may be protected under the NLRA. Consult an employment attorney before acting.
Many states prohibit employers from requiring or requesting passwords or access to personal social media accounts. Avoid asking, and check the laws where your employees work.
Under FTC guidance, a material connection such as employment should be clearly disclosed when endorsing a company’s products or services.
Narrow restrictions tied to specific reasons, such as patient or customer privacy or trade secrets, are more defensible than blanket bans. Broad photo bans may be challenged under labor law.
Parts of it can, such as rules on confidential information and harassment of coworkers. Employers should avoid policing lawful off-duty activity, and some states protect lawful off-duty conduct.
Review it at least annually and whenever labor law guidance, platforms or your business change.
Employees can fill in and sign forms like this in the EZTime app, and the signed copy lands in their digital employee file.