Employment Handbooks and Social Media Disclaimers

By Eric S. Velie, COHEN & RICHARDSON

          In response to the ever expanding market of social media, employers have begun to implement certain provisions and restrictive clauses related to what an employee can post on social media sites, such as Twitter and Facebook, related to their employment and the workplace environment.  Brian Sumers, a Daily Journal staff writer, recently wrote an article discussing these disclaimers and how they may violate Section 7 of the National Labor Relations Act. 

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Particularly, Mr. Sumers addresses a “savings clause,” wherein employers include a provision within the employment handbook that is a catchall legal disclaimer meant to alert employees that they should not enter any of their employer’s social media rules as infringing on their rights to engage in group activity protected by federal law.  Private attorneys representing employees argue that the savings clause is a violation of the National Labor Relations Act as it prevents employees from free speech and the ability to gripe about working conditions and other issues related to labor law.  It will be interesting to determine in the next few years how the courts will rule on whether these broad “savings clauses” are enforced with the courts.

Mr. Velie is an associate in the Law Offices of Cohen & Richardson, PC and a member of the Internet & Technology Practice Group.