Could Your Company's Social Media Policy Land You in Legal Hot Water?

According to 2015 Pew Research Center data, nearly two-thirds of American adults (65%) use social networking sites. That's an increase of 7% since 2005.

With so many people using social media-and the accessibility of it via an array of mobile devices-it's understandable why business owners have concerns about employees spending more time making status updates and “liking” cute kitty videos than doing the work they're hired to do.

Although protecting your small business from lost time and brand damage done by employees on social media is important, you need to approach creating a social media policy with care. While you're protecting your business, you also need to heed the rights of your employees, so your social media policy doesn't put you in legal hot water.

When crafting (or reviewing) your company's social media policy, here are a few things to keep in mind:

• Federal and state laws will affect what you include in your policy. The National Labor Relations Act's rules protect employees' freedom of speech. According to the National Labor Relations Board, its regional offices began receiving charges related to employer social media policies and to specific instances of discipline issued for postings. After investigating, the agency found reasonable cause to determine some policies and disciplinary actions violated federal labor law.

In addition, the Federal Trade Commission has rules on what's required in the way of disclosures for endorsements, promotion, reviews, and other circumstances where there are incentives for mentions of your business on social media.

You need to be aware of legislation at the state level, as well. According to the National Conference of State Legislature, 23 states have enacted social media-related laws that apply to employers.

• You may need two policies. I know, as if creating one weren't enough! But you will cover all bases by creating a “general” policy for the majority of your employees and one specifically for employees who manage your business's social media accounts. Team members who have the responsibilities of posting to and monitoring your accounts will require some flexibility. They'll also need additional direction in the way of an internal strategy for how to represent your brand. As a complement to your social media policy, consider developing style guide to ensure your team is using industry terminology, product names, and other communication elements correctly.

• Clarity and understanding matter. Make sure your policy clearly explains your expectations regarding behaviors on and uses of social media, including acceptable use of social media during work hours. Remember, however, your rules can't go against your employees' freedom of speech or violate laws that your state may have enacted. Also, be willing to answer your employees' questions about your social media policy. It's critical that they understand it completely to better ensure they'll abide by it.

As a business owner, I relate to your struggles with creating a social media policy that gives employees some freedom while it guards against lost productivity and damage to your brand.

Realize that too tight a policy could result in employees using social media behind your back, possibly sneaking extra breaks or spending more time in the restroom. At CorpNet, I promote social media use and encourage my team to be a voice for my company. I give my staff the liberty to use social media, in accordance with a set of defined rules, in our office. Provided they don't take advantage of that freedom, it's a win-win situation.

A social media policy can be an essential part of your business's communications policy and a key element within your employee handbook. It requires some effort, but it can help set expectations and alleviate confusion and misunderstanding. As you're drafting yours, consider consulting a human resources professional and/or an attorney to ensure your policy both protects you and follows the law.

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The post Could Your Company's Social Media Policy Land You in Legal Hot Water? appeared first on AllBusiness.com.