Social media disclaimer overly broad?

How many of you have social media policies, which contain a provision that reads something like this …

“If you identify yourself as an associate of the Company and publish any work-related information online, you must use this disclaimer: ‘The postings on this site are my own and don’t necessarily represent the positions, strategies or opinions of the Company.’”

Yeah, I write these disclaimers all the time for clients. Apparently, they’re unlawful. Or so says, an administrative law judge in this recent opinion.

In what the ALJ considered to be a matter of first impression, he found that the provision above was overly broad and discouraged the rights of employees to discuss the terms and conditions of employment:

“The requirement that a disclaimer be posted by the employee every time he or she speaks on work related issues and is identifiable as an employee of the employer, is unduly burdensome, well beyond any legitimate interest of the employer, and will have a tendency to chill legitimate Section 7 speech by the burden it brings to it. The Respondent’s rule impinges on Section 7 activity beyond any reasonable accommodation with any legitimate concern.”

A matter of first impression, huh?