Yesterday’s CED summarized some of the legal risks involved in disciplining over social media use. Today, again courtesy of national employment law firm Jackson Lewis, LLP, we'll tackle the tricky issue of social media policies, and we'll take a look at a one-stop resource for all of your employee handbook policies—specifically for California employers.

The precise contours of an employer’s social media use policy will depend on the organization, its culture and approach to social technologies, and the nature of work performed, Jackson Lewis says.

For instance, a social media use policy for educators may be very different from a policy aimed at employees who are encouraged to use social media for developing client relations. However, there are some basic issues all employers should address when implementing a social media policy.

First, employees should be warned that postings including the following will not be tolerated and will subject the individual to discipline:

• Proprietary and confidential company information;
• Discriminatory statements or sexual innuendos regarding co-workers, management, customers, or vendors; and
• Defamatory statements regarding the company, its employees, customers, competitors, or vendors.

Social media use policies should also make clear that if the employee mentions the company with which he or she is affiliated, he or she must also include a disclaimer stating that any opinions expressed are the employee’s own and do not represent the company's positions, strategies, or opinions.

Got an updated social media policy that’s California-compliant? We do.

The policy should specify that these prohibitions apply to postings and blogging occurring at any time, on any computer.

Policies should also provide a detailed explanation of what is considered “acceptable use” (e.g., business use only, limited personal use, or unlimited personal use), Jackson Lewis notes.

Employers can also implement a policy that reduces the level of privacy employees expect in their work computer systems, email, and Internet use. Indeed, courts have routinely considered whether an employer has an electronic communications policy when determining whether an employee had a reasonable expectation of privacy.

While such a policy will not necessarily insulate an employer from all potential liability, it will reduce employees’ expectations of privacy and provide the employer with more discretion to take action against employees who engage in misconduct, Jackson Lewis says.

Other provisions employers may choose to incorporate into a social media use policy include the following:

• Employees are expected to comport themselves professionally both on and off duty.
• Managers are prohibited from using any informal review systems on social networking sites (e.g., LinkedIn).
• Company policies governing the use of corporate logos and other branding and identity apply to electronic communications, and only individuals officially designated may “speak” (whether orally or in writing) on the company’s behalf.
• Employees must comply with all other company policies with respect to their electronic communications (such as rules against conduct that may result in unlawful sexual harassment).
• The company’s systems may not be used for any illegal activity including downloading or distributing pirated software or data.
• The company reserves the right to take disciplinary action against an employee if the employee’s electronic communications violate company policy.
• A statement that the policy is not intended to interfere with rights under the National Labor Relations Act.
• A designated management representative within the organization as the point of contact for policy violations or questions concerning the policy to ensure consistent application.
• Notice that monitoring will occur—to reduce an employee’s expectation of privacy.
• A reporting procedure for violations of the policy.

A social media use policy should be written with the assistance of counsel for distribution to all employees in employee handbooks, policy manuals (as a stand-alone policy), paycheck reminders, and annual or more frequent email reminders. Employers may also consider requiring employee acknowledgments for receipt of all of the above.

Protect Your Workplace with the California Employee Handbook Template—Fully Updated for 2012!  

You shouldn’t attempt to do business in 2012 without a fully updated social media policy. There are plenty of other policies you need, too, of course: Equal employment, FMLA/CFRA, at-will employment … the list goes on and on.

A clear, updated collection of consistently enforced employment policies will go a long way toward keeping your workers informed and happy. Do you have one?

You do now. The California Employee Handbook Template is a complete collection of 101 vital policies—written specifically for employers in California—along with guidance on which policies apply in which situations. You get:

• At-Will Employment
• Employee Classifications
• Social Media Code of Conduct
• Right to Observe Employees
• Voice Mail, Email, Electronic and Computer Files, and Usage
• Appearance and Courtesy; Uniforms
• Equal Employment Opportunity
• Harassment Prohibited
• Retaliation Prohibited
• Bullying Prohibited
• Accommodation of Disabilities
• Zero Tolerance for Drugs or Alcohol in the Workplace
• Terminations
• Final Pay
• Progressive Discipline
• Rest Periods
• Meal Periods
• Overtime Pay, Authorization, and Mandatory Overtime
• Payroll Deductions
• Travel Time Pay
• Bereavement Leave
• COBRA Coverage for Health Insurance
• And 79 more!

Click here for a full Table of Contents.

All of the policies are fully editable and customizable—when you order, you’ll get a link to editable Word versions of all 101 policies.

Plus, we’ve gone through the entire handbook and made all of the updates you need for 2012—you won’t have to worry about being tripped up by an out-of-date policy that’s no longer legally compliant.

All of the policies in the California Employee Handbook Template have been drafted by an experienced California employment lawyer. Plus, we’ve provided practical information for every single policy on:

• Which employers the policy applies to
• Which employees the policy applies to
• Whether the policy is required or optional
• Special considerations

It’s like having a California employment lawyer on call, working on your handbook 24/7, at a fraction of the cost!

Best of all, we’ll send you a brand-new edition each year so that you always have the most up-to-date policies available. Don’t delay—order today and get your handbook up to date once and for all.

Download your free copy of 20 Must-Have Employee Handbook Policies today!