http://www.entrepreneur.com/article/223686

“This paper does not present an exhaustive list or discussion of the laws that may be implicated by an employer’s social media policy. Considering rapidly evolving social media technology and legislation, any such discussion would risk being outdated. Thus, employers with or considering social media policies should consult an attorney to ensure that their policies are consistent with existing (and rapidly evolving) laws affecting social media. With this caveat in mind, the following non-exhaustive list of guidelines provides a general framework for an effective employer social media policy and its implementation: * Employers with social media policies must ensure that their policies do not prescribe employee social media use protected by the NLRA. As a general rule, the policy cannot restrict employees from using social media to discuss the terms and conditions of their employment. Discussions on social media by employees are considered “concerted activity” and thus a policy restricting such discussions would constitute an unfair labor practice under the NLRA.

* Employers should know that any ambiguity in a social media policy is construed against them. Broad polices are therefore at higher risk of violating the NLRA because they are more likely open to differing interpretations. If an employee could reasonably construe a provision in a social media policy to prohibit using social media to discuss the terms and conditions of employment, the policy does not comport with the NLRA. Policies with blanket prohibitions against certain activities—e.g. talking to the press, talking about co-workers—are likely to violate the NLRA as are policies with language subject to broad interpretation such as treating one’s employer with “courtesy.” The focus of any employer social media policy should be on restricting