This article was written for the ConsensusDocs newsletter
and first appeared here
I. The Social Media Dilemma
Social media has significantly impacted all facets of society,
especially the way people communicate. Its impact and application
to the construction industry is no different. TikTok, the
video-sharing platform, is one of the world’s most popular
platforms today, with over one billion active users monthly. From
just one video, users can gain thousands-if not millions-of
followers overnight. Social media has been used to present a
narrative that the workplace can be fun, or that employees are
enjoying working together. Social media can also, however, serve as
a tool to document a perfect storm of events, such as a building
collapse or crane malfunction, which can then be misconstrued and
smeared throughout the internet, all with your company’s logo
in the background.
So, what happens when an incident on your jobsite is branded
across social media as a #constructionfail, and the project owner
ultimately initiates legal action? Can this video be used against
your company? Can employers limit or otherwise restrict
employees’ social media activity to avoid potential liability?
How does the existence of social media posts affect dispute
resolution procedures?
II. Employers’ Rights to Regulate Employees’ Social
Media Use and Social Media #BestPractices
Media Use and Social Media #BestPractices
The construction industry has a strong social media following.
On TikTok, the hashtags #constructionwork and #generalcontractor
have amassed 513.5 million and 21.6 million views, respectively.
Similarly, the hashtag #construction has about 19 million related
posts on Instagram. Whether an employee chooses to engage in social
media is his or her own decision. Thus, the question becomes
whether the company has the right to limit an employee’s usage,
and if so, whether the employee’s social media content violates
the employer’s social media policy.
In the private sector, First…
