Federal Judge Calls Social Media Disclaimers Unlawful


If your social media policy requires your employees to include a disclaimer in their social media posts that their opinions are their own, that’s unlawful, according to a US Federal judge who called the restriction “unreasonably burdensome.”

How can you include a disclaimer in a Facebook Like anyway?  

The development is the latest in a series of decisions by the NLRB, which has been challenging employers to reconsider whether or not they have the right to dictate how their employees use social media at all.  

Jonathan Crotty, partner at the law firm Parker Poe in Charlotte, who an article about this new development explains:  

  • Why restricting employers from requiring an “opinions are my own” disclaimer is unlawful
  • How the decision impacts corporate social media policies
  • How required disclaimers might chill workers rights to organize and bargain collectively
  • Impracticality of complying with required social media disclaimers
  • Why restricting employees from using logos and trademarks is also unlawful
  • How the NLRA. which was enacted in 1930. governs social media usage today
  • How employers should react to this development
  • And much, much more

Eric Schwartzman is a best selling author, speaker, blogger, trainer and advisor.  Join him weekly at PR Tech Wednesdays.

Photo by Claire Anderson on Unsplash

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