Are employers allowed to monitor their employees’ posts on social media?
In Wisconsin, employers are generally allowed to monitor their employees’ posts on social media. It is important to note that while employers are allowed to monitor their employees’ social media posts, they are not allowed to use the information from those posts to punish their employees or make certain decisions about them. Under Wisconsin social media law, employers are not allowed to require their employees to give them access to their private social media accounts or posts, nor are they allowed to ask employees to reveal their passwords. They are, however, permitted to access publicly available information. Wisconsin employers are also prohibited from disciplining employees for off-duty activities on social media unless the activity is illegal or directly related to the employee’s job. Similarly, employers are not allowed to retaliate against employees who post ideas or opinions that the employer disagrees with on social media. All in all, while employers are generally allowed to monitor their employees’ posts on social media, they must be aware of their legal responsibilities and must ensure that they are not using the information to punish or make decisions about their employees.
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