Quick answer: Yes, if you are okay with allowing it and set clear parameters. Just be careful not to create an overly broad rule that prevents employees from legally discussing their working conditions online.
Question: Several employees have started filming videos for their own social media accounts in the office. It’s not having a negative impact on their work, and they only film when there is downtime between patients. However, I’m concerned about our business being represented on their personal accounts. The content they film is all related to work, and they have even started making sponsored posts. I want it to be clear that everything they post and the products they endorse are not the thoughts of the practice.
The legal side: Yes. You can, and must, establish reasonable rules around employees using your workplace, practice name, branding, patient areas, and other business resources for their personal commercial content.
For a healthcare practice, privacy needs to be the first boundary. Videos can never expose patients, charts, computer screens, conversations, appointment information, or other protected information. Any recording in the office risks PHI being recorded, even inadvertently. Because of these privacy risks, healthcare employers may establish reasonable restrictions—including prohibiting personal filming or photography in patient-care or other sensitive areas of the practice.
Sponsored posts add another issue. You need to ensure that employees do not present the practice as sponsoring or endorsing a product without authorization.
But keep the policy focused. Do not self-write a sweeping rule prohibiting employees from talking about anything work-related online. Federal labor law strongly protects employees who use social media to discuss pay, benefits, scheduling, or other working conditions.
The goal of your social media policy should be to regulate what legitimately belongs to the practice—not to control everything employees do on their personal accounts. You can establish rules around filming on practice property, use of your logo or branding, patient privacy, confidential information, sponsored content created at work, and statements that imply practice endorsement. Keep those rules separate from employees’ legally protected rights to discuss wages, hours, benefits, and other working conditions.
The human side: You might say, “I don’t have an issue with you maintaining your own social media presence. But when you film here or create work-related sponsored content, it can look like the practice is involved. We need some clear boundaries around patient privacy, use of the practice name and branding, and commercial endorsements.”
Then put those expectations in writing in your employee handbook. Decide where filming is allowed, what practice identifiers cannot be used without permission, what is completely off-limits for privacy reasons, and what approval is required before the practice is connected to sponsored content.
They can have their own platform. You just do not have to let your practice become part of their personal advertising business.
Yes. You can place reasonable restrictions on filming in your workplace, especially where patient privacy, confidential information, business operations, or use of practice property is involved.
You can set rules around unauthorized use of the practice’s name, logo, branding, or statements that suggest the practice endorses their content. Be careful about broader restrictions on employees discussing their workplace or working conditions.
You can prohibit employees from using your workplace, business resources, or practice identity for personal commercial activity without permission. Your policy should clearly explain those boundaries so employees know when personal content crosses into practice-related advertising.
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Friendly Disclaimer: This information is general in nature and is not intended to provide legal advice or replace individual guidance about a specific issue with an attorney or HR expert. The information on this page is general human resources guidance based on applicable local, state, and/or federal U.S. employment law that is believed to be current as of the date of publication. Note that CEDR is not a law firm, and as the law is always changing, you should consult with a qualified attorney or HR expert who is familiar with all of the facts of your situation before making a decision about any human resources or employment law matter.
A Blog Written by CEDR, written by HR Experts to help you run your practice.
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