Every business must protect their right to identify who can speak on behalf of the company. But you cannot restrict employee speech by instituting a vague prohibition that might interfere with employee fundamental rights.
On the one hand, your social media policy should specify who within the organization has the authority to represent the company as an official spokesperson across all media. The National Labor Relations Board has determined that a policy that restricts who can speak on behalf of the company complies with the NLRA, because employees could not reasonably construe the rule to apply to their communications regarding working conditions.
On the other hand, your policy should explicitly state that it does not prevent employees from speaking to the media or any other third party about their own employment concerns, or about the employment concerns of their fellow coworkers. This strikes the right balance between accomplishing your goals and respecting your employees’ rights.
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