What are the laws concerning the use of social media in the workplace?
In Texas, there are several laws pertaining to the use of social media in the workplace. To begin with, employers must adhere to state and federal laws prohibiting discrimination, harassment, and other forms of unlawful behavior based on protected characteristics such as race, gender, and sexual orientation. Additionally, employers cannot monitor employees’ social media activity without their consent or a court order. Employers can, however, prohibit employees from disclosing confidential information or trade secrets, or from using the workplace’s computers, networks, or devices to access social media. Employers may also set expectations for employees to use social media professionally and may even establish policies regarding how employees interact on social media. Texas employers must also take steps to ensure that the company’s social media profile is compliant with both state and federal laws. This means employers cannot discriminate against job applicants because of their protected characteristic, including those based on social media postings. Finally, employers must be aware that social media-related activities they engage in could constitute an “unfair labor practice” under Texas law. This includes interfering with, restraining, or coercing employees in the exercise of their rights under labor laws. Therefore, employers should take caution when using social media to communicate with employees.
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