In many respects, social media has become the new water cooler; employees utilize it to engage with co-workers, complain about their bosses and discuss their discontents. Many times, conference calls involve employees contemporaneously texting or group-chatting with each other, keeping up a running commentary of those things they would only say to each other and never to the boss.

With work bleeding into life more than ever (and vice versa), one issue commonly facing employers today is how to regulate off-duty social media comments made by employees that negatively impact the workplace. When employers learn of such conduct, they may be tempted to take adverse action against the offending employee(s). Depending on the nature of the comment, however, this may lead to legal liability. On the other hand, employers may be liable for not taking adverse action against employees for their social media activities, such as in the case of harassment. This article provides a high-level overview of these seemingly conflicting obligations and advice on how to navigate them.

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