Takeaways

• Employee-creator and employee-influencer programs can raise employment law concerns when employers encourage, direct, compensate, promote, or otherwise control the generated content.
• Employers should evaluate wage-and-hour, labor and privacy (including biometric privacy and right of publicity) and other issues before launching or expanding such programs.
• Clear program terms, compliant social media policies, manager training, objective selection criteria and timekeeping procedures are essential to reducing risk.

• New DOL Opinion Letters Clarify Exempt Status, Quarterly Bonuses, Meal Periods + Pre-Shift Activities

Article

Employee-generated content is becoming an increasingly attractive way for employers seeking to expand their marketing reach. Employees can sometimese serve as credible brand ambassadors, particularly on platforms where authenticity resonates more strongly with audiences than polished corporate messaging. Employees with direct experience of the company’s brand, products, workplace culture, and customers can generate content that may be uniquely credible and influential.

What starts as a branding opportunity can evolve from a marketing strategy into an employment law issue when employers encourage, direct, compensate, promote, or monetize employee-created content.

Employee-creator programs can give rise to a range of legal issues, including wage-and-hour, labor relations, privacy, intellectual property, and equal opportunity. Employers...

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