Social media such as Facebook and Twitter is a hot-button issue for employers. Its personal and often immediate nature provides a number of ways for employers and employees to get crosswise. But in-house counsel can help their companies navigate this fast-changing area of the law, even as recent National Labor Relations Board (NLRB) pronouncements are called into question.

As many managers unfortunately are aware, sometimes workers use social media for inappropriate discussion regarding company business or co-workers. They also may use it to misrepresent the company to the outside world. As a result, lawyers have crafted policies on behalf of their companies through which management seeks to restrain social media use. Despite Texas’ at-will employment environment, some of the policies may run afoul of federal regulators.