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20 July 2016 • www.CPAPracticeAdvisor.com A YEAR IN THE LIFE: PAYROLL ACCOUNTANT e Chamber accused the NLR B of changing in recent years. "Rather than serving as an impartial referee, it has become dominated by a decidedly pro-union majority . . . this majority, along with the Board's appointed General Counsel, have pursued a one-sided agenda at the expense of employers and workers. One par- ticular way the NLR B's majority has transformed the agency is through adopting a wildly expansive reading of the NL's protections in order to undermine sensible and widespread workplace policies. rough a series of decisions and official guidance, the NLR B has undertaken a campaign to outlaw heretofore uncontroversial rules found in employee handbooks and in employers' social media poli- cies—rules that employers maintain for a variety of legitimate business reasons." The 43-page report lays out numerous cases that demonstrate the "sweeping impact of the NLR B's increasingly biased, and some would say irrational, policy agenda," accord- ing to the Chamber. Next Steps With these recent decisions by the NLR B, companies need to be very careful when craing their social media policies. W hile companies don't want their own employees destroying the reputation of those who sign their paychecks, in imple- menting policies employers should try to avoid running into trouble with the NLR B. To achieve that, companies can take several steps: • Review current social media policies Companies should look closely at their current social media policies in light of recent NLR B rulings. is should be done in close consultation with in-house counsel, the HR department, and outside counsel who understand the issues at stake. Social media policies should reflect that comments about wages, working conditions, and unions have different protections than other types of com- plaints. (See w w w.cpapracticeadvi- sor.com/blog/11251206 .) • Use specific language e NLR B has raised red flags over many social media policies for being too vague. In response, companies should try to cra policies that are as specific as possible. For example, generally banning profanit y in social media posts that relate to the company may get an employer into trouble, as Pier Sixty found; but tying inappropriate behavior on social media posts to discriminatory or harassing behavior has been approved by the NLR B. • Discipline carefully Most importantly, when companies become aware of potentially problem- atic social media posts by employees, they should proceed very carefully with disciplinary actions. It's impor- tant to consult with HR and aorneys to ensure that posts aren't protected under the NL. In recent years, the NLR B has reviewed dozens of social media policies. And the agency has oen ruled against employers, even when workers have publicly insulted and disparaged their employers online. Companies need to understand the issues involved and work closely with experts in order to make sure their social media policies don't result in regulatory actions. Re giste r to day at www.icpas.org /show.htm # TheSHOW16 Tuesday - Wednesday Au g ust 23-24 , 2016 D o nald E. Step hens Convention Center Rosemont, Illinois INCOMPARABLE VALUE Over 2 d ays, yo u can earn up to Including, 4 Ethics, 7.5 CLE, 10 EA, 9.5 CFP, and 4 Yellow Book. CPE H ours for O nly $315 Richard D. Alaniz is senior partner at Alaniz Schraeder Linker Farris Mayes, L.L.P., a national labor and employment firm based in Houston. He has been at the foreont of labor and employ- ment law for over thirty years, including stints with the U.S. Department of Labor and the Na- tional Labor Relations Board. Questions about this article, or requests to subscribe to receive Rick's monthly articles, can be addressed to Rick at (281) 833-2200 or ralaniz@alaniz-schraeder.com . CONTINUED FROM PAGE 12