DISCLAIMER: THE INFORMATION CONTAINED HEREIN IS SOLEY FOR EDUCATIONAL PURPOSES. IT IS NOT LEGAL ADVICE OR LEGAL AUTHORITY AND IS ONLY THE AUTHOR’S INTERPRETATION OF LABOR AND EMPLOYMENT LAW.
Social media has transformed how we communicate, network, and engage with the world—but it has also created complex challenges in the workplace. Employees in Nebraska use platforms like Facebook, Instagram, LinkedIn, and TikTok both personally and professionally, and what they post online can have legal and employment consequences. At the same time, employers must balance business interests with employee rights under state and federal law. As a Nebraska employment attorney with Adams & Sullivan, I tell my clients that understanding this balance is critical.
Why Social Media Policies Matter
Social media policies provide guidance for employees on appropriate online behavior and protect employers from risks such as:
- Defamation or harassment claims arising from employee posts
- Disclosure of confidential company information
- Negative publicity that damages the company’s reputation
- Legal liability under employment laws
However, poorly drafted policies can infringe employee rights, particularly those related to freedom of speech, labor organizing, or lawful off-duty conduct.
Employee Rights in Nebraska
While Nebraska does not have a broad state law explicitly protecting off-duty online speech, employees are still protected under several frameworks:
- National Labor Relations Act (NLRA): Employees have the right to discuss wages, working conditions, and union activities—even on social media—without employer retaliation.
- Anti-Discrimination Laws: Employers cannot discipline employees for posts related to protected categories, such as race, gender, religion, or disability, if it violates federal or state anti-discrimination laws.
- Privacy Considerations: Employers generally cannot demand social media passwords or access to private accounts.
Employees should be aware that while they have rights, the content they post publicly can have consequences, especially if it involves harassment, threats, or disclosure of confidential company information.
Tips for Nebraska Employers
Employers can reduce legal risk while maintaining effective social media policies by:
- Clearly Define Acceptable Conduct
- Focus on behavior that directly affects the workplace, such as harassment, confidentiality, or conflicts of interest.
- Avoid overly broad restrictions that may infringe on employee rights.
- Educate Employees
- Provide training on responsible social media use.
- Explain the consequences of violating policies and the rationale behind rules.
- Protect Confidential Information
- Include guidelines prohibiting disclosure of trade secrets, client information, or sensitive business strategies.
- Respect Protected Speech
- Ensure policies do not interfere with employees’ rights to discuss wages, safety, or working conditions under the NLRA.
- Use Social Media Policies as Part of a Larger HR Strategy
- Combine social media policies with harassment prevention, workplace conduct, and IT security policies.
- Review and update policies regularly to reflect evolving platforms and legal guidance.
The Bottom Line
Social media can enhance professional and personal lives, but it carries real risks for both employees and employers. Nebraska employers must carefully craft social media policies that protect the company while respecting employee rights.
When conflicts arise or questions about social media policies occur, consulting with a Nebraska employment law attorney can help ensure compliance and protect legal rights for both employers and employees.
About the Author
Molly Moberg Miller
Adams & Sullivan, PC, LLO
Ms. Miller has been an attorney since 2004 and worked ten years with Amoni Law Offices, P.C. in Aurora, Illinois prior to moving to Omaha and joining Adams & Sullivan. She was Lead Counsel in arbitrations and mediations for personal injury files, and served as Co-Counsel for a large, regional bank conducting commercial and residential foreclosure litigation, and real estate dealings. Her current practice focuses on employment law, personal injury law and litigation.