Social Media Policy — Pennsylvania

Sample Social Media Policy

> Draft only — have qualified employment counsel review before use.

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Purpose

This policy exists to protect the company's reputation and confidential information while respecting employees' rights to engage on personal social media.

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Scope

This policy applies to:

• All full-time, part-time, temporary, and contract workers
• Interns and volunteers
• Anyone acting on the company's behalf online

It covers activity on all platforms — including but not limited to LinkedIn, X (Twitter), Facebook, Instagram, TikTok, Reddit, YouTube, and personal blogs — whether posted during or outside work hours when the post could reasonably be linked to the company.

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Policy

What the Company Requires

• Identify yourself honestly. If you discuss the company or your work in a personal post, say you work here and that the views are your own (e.g., "Opinions are my own, not my employer's").
• Protect confidential information. Never post trade secrets, unreleased product details, client or patient data, financial results not yet made public, or anything you wouldn't share with a competitor.
• Follow all other company policies online. The anti-harassment, non-discrimination, and confidentiality policies apply to social media posts just as they apply in the workplace.
• Use good judgment. Before posting, ask yourself: Would I be comfortable if my manager, a client, or a reporter saw this?

What the Company Permits

• Personal social media use on personal devices during non-work time
• Discussing wages, hours, benefits, or working conditions with co-workers online — this is a protected activity under the National Labor Relations Act (NLRA) and the company will not discipline employees for it
• Sharing publicly available company content (press releases, job postings, approved marketing material)
• Positive, honest commentary about your work experience

What Is Prohibited

• Posting confidential, proprietary, or trade-secret information
• Impersonating the company or a company official
• Creating a social media account that appears to be an official company account without written approval
• Posting content that harasses, bullies, or discriminates against a co-worker, customer, or applicant based on any protected characteristic
• Posting false statements of fact about the company, its products, or its people that could constitute defamation
• Using company logos, trademarks, or copyrighted content without written approval from Marketing or Legal
• Posting anything that would violate securities laws (e.g., material non-public information)
• Spending excessive personal social media time during paid working hours on company devices in ways that interfere with job duties

> Important limit on this policy: Nothing here is intended to restrict employees from exercising rights protected by the NLRA, applicable whistleblower laws, or any other federal or state law.

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Procedure

Requesting an Official Company Social Media Presence

1. Submit a written request to your department head and the Marketing team.

2. Marketing reviews the request within 10 business days and either approves, denies, or requests changes.

3. Approved accounts must follow the company's Brand and Communications Guidelines and be registered with Marketing.

Reporting a Concern

• If you see a post you believe violates this policy, report it to your manager, HR, or through the anonymous ethics hotline.
• Do not screenshot or reshare the content beyond what is needed to report it.

Investigation Process

1. HR or Legal acknowledges the report within 5 business days.

2. An investigation is conducted; the employee named in the complaint will have a chance to respond.

3. Outcomes may include no action, a required post removal, coaching, written warning, suspension, or termination — depending on severity.

4. Retaliation against anyone who reports a concern in good faith is prohibited and is itself a violation of this policy.

Departing Employees

• Upon separation, return or delete any company-owned social media credentials immediately.
• Personal accounts remain yours; content about the company must still comply with any continuing confidentiality obligations in your employment agreement.

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Questions

| Topic | Contact |

|---|---|

| General policy questions | HR Department |

| Brand or marketing approvals | Marketing Team |

| Legal questions (confidentiality, securities) | Legal / General Counsel |

| Ethics concerns or anonymous reports | Ethics Hotline \[insert number/link\] |

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Pennsylvania Supplement

Pennsylvania law does not impose a standalone social media statute, but the following points are material for Pennsylvania employers:

• Password protection — no statute, but best practice matters: Pennsylvania has not enacted a social media password protection law (unlike several other states), meaning there is no state law prohibiting employers from requesting employee social media credentials. However, doing so carries significant legal risk under federal law (Stored Communications Act) and creates poor employee-relations exposure. This policy does not request or require employees to provide personal account passwords, and Pennsylvania employers are strongly advised to maintain that position.

• Pennsylvania Human Relations Act (PHRA): The PHRA covers employers with 4 or more employees (smaller than the federal Title VII threshold of 15). Social media posts that create a hostile work environment based on a protected class — including ancestry, age (40+), sex, race, religion, disability, and others — can give rise to PHRA liability. The anti-harassment provisions of this policy apply fully and the lower employer-size threshold means more Pennsylvania employers are covered.

• At-will employment with public-policy exceptions: Pennsylvania is an at-will state, but disciplining an employee for social media activity that constitutes protected concerted activity (NLRA) or whistleblowing (e.g., under Pennsylvania's whistleblower statute for public-sector and certain private-sector employees) may create liability. Confirm that any discipline decision is reviewed by counsel before action is taken.

• No Pennsylvania non-compete statute (as of this draft): Pennsylvania courts apply a reasonableness standard to non-competes. If a confidentiality or non-disparagement clause tied to social media conduct is included in an employment agreement, ensure it is narrowly tailored and supported by adequate consideration — Pennsylvania courts scrutinize overbroad restrictions.

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Review note

Actively shifting areas to watch: (1) The NLRB's evolving guidance on social media policies — overly broad "confidentiality" or "professionalism" language has repeatedly been found to chill protected concerted activity; audit policy language after any new NLRB General Counsel memoranda. (2) State social media password-protection laws are expanding; verify Pennsylvania's status annually as legislation has been introduced but not yet enacted. (3) AI-generated content disclosure requirements on social media are emerging at the state level and may require a policy update if employees post AI-assisted content on the company's behalf. (4) FTC endorsement and testimonial rules (updated 2023) affect employee posts that promote company products; coordinate with Marketing to ensure compliance.