Employee-generated social media content has become a major workplace safety and compliance issue for retailers. If you’ve spent any time on TikTok or similar platforms lately, you’ve seen the content – from grainy ring-light footage from a back stockroom to a side-eye to the camera when a difficult co-worker walks away to trending audio layered over a clip of an employee who didn’t know they were being filmed. It’s relatable, often funny, and most of the time it’s harmless. But here’s what’s also online: your store, your employees, your customers, and, increasingly, potential workplace safety risks and other liabilities. This Insight will explain how social media posting at work can raise labor and employment law issues and offer practical steps retailers can take to stay compliant.
Top Legal Considerations for Retailers
While retailers do not have any legal obligations to monitor every employee’s Instagram or equivalent social media platform, you do need to have a process for responding to related workplace issues once you become aware of them. Here are some top considerations for your business:
Workplace Safety Rules
The federal Occupational Safety and Health Act’s General Duty Clause requires employers to provide a workplace free from recognized hazards likely to cause serious harm. OSHA has recognized retail as a high-risk environment for workplace violence, and that recognition extends to threats that originate on social media. If a current or former employee posts...
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