Hardwood Floors December 2019/January 2020

Tweeting (Continued)

Labor Relations Board protects employees’ rights to discuss “protected concerted” activity and protects an employee to discuss pay, benefits, and working conditions on the Platforms. • User Agreement (“Agreement”) User Agreements can govern all Platforms. Regarding specific content, be sure the Agreement states that communications posted are the opinion solely of the individual and do not represent the views or opinions of the company. The Agreement should not allow an individual to post content of the company without the company’s prior written consent. A disclaimer will protect the company against any types of damages – such as direct, special, incidental, or consequential damages – that occur due to or in connection with any content posted on the company’s Platforms. Finally, an indemnification provision will shift the risk from the company to the individual and require the individual to cover the cost for any claims, liabilities, judgments, or damages incurred by the company due to the posting of content by the individual on the company’s social media platforms. • Social Media Policy (“Policy”) A company’s Policy for its employees should provide guidelines on the following areas: Strategize best way to effectively use each platform Confidential or proprietary information about the company should never be posted on social media accounts. While a “behind the scenes” look into the company is a great marketing tool, be sure that any video or photo does not compromise trade secrets or other confidential information of the company. Details regarding purpose and frequency of each social media platform is important as well. Consistent sentence structure and language will allowmultiple employees to utilize a company’s Platforms while keeping the “voice” of the company consistent. Be clear about account ownership Employees must understand that the use of the company’s Platforms are solely for business purposes and the use of the Platforms for any personal reason is strictly prohibited. The extent of reprimand may include termination depending on

the severity of the content posted; other disciplinary action should be outlined in the event an employee uses these platforms with an improper purpose. Include language that transfers any ownership rights an employee may have in content to the company. Provide clarity of each social media account’s username and password and critically think about which employees truly need access to each account. Be sure proper security measures are in place. Draft and approve a crisis management plan to effectively communicate during emergency situations. Platforms can be extremely valuable forms of communicating during times of crisis. Employees should disclose that views expressed on their personal social media accounts are their personal opinion and do not reflect the opinions of the company. While this disclaimer can mitigate any potential liability of the company, employees acting improperly on Platforms can be a public relations nightmare. Having an action plan in place to distance the employee’s comments from the company’s beliefs is imperative. For example, Fantastic Floorwax Company may allow employees or customers to use their personal devices to take pictures and post content on the company’s social media platforms. The company’s social media policy should include language that the employee agrees to transfer all ownership, title right, and interest in the picture to the company. Additionally, the employee agrees to not use the picture for any purpose other than business purposes of the company. Further, the policy must require the employee to return or destroy all pictures taken while acting in his or her capacity as an employee of the company or transfer at the company’s request. It is imperative that companies be aware of the implications and impact social media posts can have. Each social media policy may be different depending on the size of the company or the purposes the company uses the Platforms to further its mission. Before clicking the “send” button, be sure to have the proper procedures in place and stop and think about whether your actions comply with the company’s policies in place. g Matthew E. Misichko is an Associate with the Associations and Foundations Practice Group at Barnes & Thornburg. Matthew can be reached at 312.214.4827 or matt.misichko@btlaw.com. Separate and provide parameters for employees’ personal accounts

30 hardwood floors www.hardwoodfloorsmag.com