Can I do that?

Wondering where employer authority ends and employee rights begin online? An effective Employee Social Media Policy helps businesses balance brand protection, legal compliance, and employee freedom. Learn what employers can require, prohibit, and clarify to reduce workplace risk while building clear expectations for social media use.

Employees post about pay, workplace conditions, and company frustrations more than ever. Before you react, here's what employers need to know about when discipline is legal—and when it isn't.

Who owns content an employee creates at work? The answer isn't as simple as "the company" or "whoever hit record" — and assuming wrong can cost you.

Employees have more legal protection to discuss work online than most employers realize. Learn what you can restrict, what you can't, and how to avoid the mistakes that turn a single post into a lawsuit.

Short Answer: Sometimes. If creating content is an essential function of an employee's job, you can generally require them to perform those duties. If it isn't, the answer is more nuanced. The Legal Reality As businesses embrace social media, many employees are finding themselves in front of the camera—even if they weren't hired to be. Employers may ask employees to participate in recruiting videos, appear in behind-the-scenes content, film TikToks, create LinkedIn posts, or

A: When a leave of absence is “job-protected,” you can’t terminate or demote the employee, or take away any benefit they earned or were entitled to, simply because they took that time off. Upon their return, you generally need to restore them to their original job or an equivalent position with the same pay, benefits, and other terms and conditions of employment. It enables employees to take time off without having to worry about losing their job or facing other adverse emplo

A: A plan document is the official governing document of employee benefit plans, such as health, welfare, and retirement plans. The Employee Retirement Income Security Act (ERISA) requires that almost all private employers that sponsor benefit plans have corresponding plan documents. Your plan document should include specific information about the plan, such as eligibility, funding and contribution requirements, details about each benefit, and ERISA disclosures. You should ha

A: We generally recommend including pay ranges in job postings even if it isn't legally required. First, since the practice has become more common, more job seekers expect it, and many won’t apply for jobs that don’t include a pay range. By not including this information, you risk missing out on top talent. Second, sharing pay information upfront has the potential to save you time and money. You’re much less likely to have a candidate you’ve already spent a lot of time with r

A: You certainly do! The Fair Credit Reporting Act (FCRA) requires you to get permission from an applicant or employee before conducting a background check. It also has specific notice requirements, such as providing the applicant or employee a summary of their FCRA rights and the appropriate adverse action letters if you decide not to hire them or terminate their employment because of the background check. A number of state laws also have background check requirements. Every

A: It depends on a few factors. For non-exempt employees (those who are paid hourly and eligible for overtime), you’re not required to pay them for attending company events if the event is completely voluntary, takes place outside of their regular work hours, is not job-related, and no work is performed. So, if your “welcome back” party meets all these conditions, there’s no need to pay your non-exempt employees for attending. For exempt employees (those not eligible for ov

A: Serving alcohol at your company’s holiday party can add to the festive atmosphere, but it also introduces potential risks and liabilities. To ensure a safe and enjoyable event, it’s essential to take precautions. First, understand the legal implications in your state. To manage alcohol responsibly, consider limiting consumption by using drink tickets, hiring professional bartenders, and offering a variety of non-alcoholic beverages. Additionally, promoting responsible