Social Media Policy Must Have: when are they on the clock?

by Shawn Tuma
Contact

If your company has employees managing its social media you better have a policy that makes it clear when they are "on the clock" and "off the clock" or you could end up in trouble for violating the Fair Labor Standards Act. Consider this scenario:

Your company has a non-exempt employee managing its LinkedIn, Facebook, Google +, and Twitter accounts as part of his regular job duties while working during a regular 8 hour workday. Your employee loves his job and is very passionate about social media so he does a fantastic job and your company is really seeing the results. Great, right?

Unfortunately, however, employee is not just passionate about social media, he is addicted to it. Employee has no life. He spends his nights and weekends connected on social media like a teenager on house arrest. He is so serious about it that he uses a social media dashboard, such as Hootsuite (like I use), to manage all of his social media accounts from one place -- including your company's. So, while he's getting his therapeutic time away from the office sitting at home on his laptop, social media'in his heart out, he's checking your company accounts and engaging on them as well ... for hours and hours and hours on end ...

One day he gets really desperate for money and realizes all the time he wasted away and then happens to meet a really cleaver lawyer …

You see where I'm going with this? Does this sound too far fetched to you? Yeah, I know -- and that is exactly why you need an experienced social media lawyer's help!

I did not just come up with this out of thin air though I may have exercised a bit of artistic license. The general point comes from a real world case where an hourly-wage employee brought a claim for time and a half wages and back pay for all of the time he spent checking and responding to email on his company issued PDA. This kind of stuff can and will happen with social media just as it has with email.

If you do not want your company to be the test case, you need the help of an experienced social media lawyer to prepare a policy to account for these issues. Give me a call and let's get this done unless, of course, you'd rather just save the money that policy will cost so you can pay it to Mr. 20,000 followers down the road for all of that extra time he spent "working" for your company!

To learn more, you can reach an experienced social media law attorney at BrittonTuma by clicking here or calling 469.635.1335.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Shawn Tuma, Scheef & Stone, L.L.P. | Attorney Advertising

Written by:

Shawn Tuma
Contact
more
less

Scheef & Stone, L.L.P. on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!