Social Media's Impact on the Workplace

Los Angeles partner Mark Terman published an article in Inside Counsel titled, “Social media's impact on the workplace.” Mark discusses the impact of social media on employee productivity, noting that while employers can discipline employees for excessive personal use of company computers during “company time,” they also need to be mindful of disciplinary measures that may violate the National Labor Relations Act.

Mark also notes that there is an increase in using social media to gather information on job applicants, and warns employers of the legal risks of accessing information such as ethnicity, religion or other background details that an employer cannot lawfully use in making employment decisions.

He advises managers to resist the temptation to make or accept a Facebook “friend request” and avoid false advertising by requiring employees to disclose their true identities when posting online and endorsing a company’s product or service. Mark encourages employers and counsel to develop a social media policy that addresses these key areas.