Daniel Klein and Dana Fleming Published in Northeast Human Resources Association’s (NEHRA) Insights Magazine
“Online Social Media and the Workplace: What’s an Employer to Do?”

Daniel Klein and Dana Fleming’s article, “Online Social Media and the Workplace: What’s an Employer to Do?,” was published in the Winter 2010 issue of NEHRA's Insights Magazine. Their article explores the many legal concerns that have arisen from social networking in the workplace and discusses a variety of best practices that employers can use to try to manage these risks.

According to their article, the risks associated with employee online social media usage range from lost productivity to stress on the company’s internal systems and network to an increased risk of exposure of confidential information and trade secrets in addition to insider trading and other securities law violations. The authors note that although employers may feel inclined to regulate their employees’ Web 2.0 activities more tightly, they must examine the array of legal risks associated with terminating or disciplining employees for their online actions. Employers need to be aware of whistleblower protections under various state and federal laws that may apply, as well as employee protection under the National Labor Relations Act. Dan and Dana also point out the importance of developing guidelines for human resources personnel to follow when using social media for screening job candidates.

Dan and Dana recommend that employers adopt a carefully crafted electronic communications, social networking and blogging policy. Such a policy should aim to protect the confidentiality for company information, prohibit any type of employment discrimination or harassment, and regulate the use of the company communication and computer systems.