Running an employee blog on your SharePoint blog site can be a fantastic way to boost internal communication, foster a sense of community, and even establish thought leadership. However, it’s crucial to understand the legal and business implications before you launch. I’ve spent over a decade helping businesses navigate these complexities, and I’ve seen firsthand how a seemingly harmless blog can quickly become a liability without proper planning. This article will guide you through the essential considerations for a compliant and effective SharePoint blog site, and I’m including a free, downloadable template to get you started. We'll cover everything from employee agreements to tax implications, ensuring your blog is a benefit, not a burden.
Why Legal Considerations Matter for Your SharePoint Blog
Many companies underestimate the legal risks associated with employee-generated content. A SharePoint blog site, while internally focused, isn’t immune to potential issues. Here’s why:
- Defamation: Employees could potentially defame individuals or companies in their posts.
- Copyright Infringement: Using copyrighted material without permission is a serious offense.
- Confidentiality Breaches: Employees might inadvertently disclose sensitive company information.
- Wage & Hour Issues: If blogging is required, it could be considered work time and subject to wage and hour laws.
- Tax Implications (Especially for Perks): If the blog generates income or provides benefits, tax implications arise.
Ignoring these risks can lead to costly lawsuits, damage to your company’s reputation, and even regulatory penalties. Proactive planning is key.
Employee Agreements: The Foundation of a Compliant Blog
The most important step is a comprehensive employee agreement specifically addressing blog participation. This isn’t just a standard employment contract addendum; it needs to be detailed and tailored to the unique aspects of your SharePoint blog site. Here’s what it should include:
- Ownership of Content: Clearly state that all content created on the blog, even during personal time if related to the company, is owned by the company.
- Confidentiality Clause: Reinforce existing confidentiality agreements and specifically prohibit the disclosure of confidential information on the blog.
- Non-Disparagement Clause: Prohibit employees from making disparaging remarks about the company, its employees, customers, or competitors.
- Copyright Compliance: Require employees to obtain permission before using any copyrighted material. Provide training on fair use guidelines.
- Accuracy and Fact-Checking: Emphasize the importance of accuracy and require employees to fact-check their posts.
- Personal Opinion Disclaimer: State that posts represent the employee’s personal opinions and not necessarily the views of the company.
- Monitoring and Editing Rights: Reserve the right to monitor, edit, or remove any content that violates the agreement.
- Social Media Policy Integration: Ensure the blog agreement aligns with your overall social media policy.
- Acknowledgement of Tax Implications: (See section below) Acknowledge that any benefits received from blogging may be taxable income.
Pro Tip: Have an attorney draft or review your employee agreement to ensure it’s legally sound and enforceable in your jurisdiction.
Tax Implications of Employee Blogging
This is an area often overlooked. The IRS (IRS.gov) has specific rules regarding compensation and benefits. Here’s how blogging can trigger tax implications:
- Wages: If employees are required to blog as part of their job duties, the time spent blogging must be compensated as regular wages.
- Bonuses/Incentives: If you offer bonuses or incentives for popular posts or frequent contributions, these are considered taxable income.
- Gifts/Prizes: Any gifts or prizes awarded to employees for blogging are also taxable. The IRS has specific rules regarding the value of gifts that must be reported as income. (IRS Publication 15-B details employer’s tax guide to fringe benefits).
- Company Products/Services: If employees receive free company products or services as a result of their blogging activities, the value of those items may be considered taxable income.
Example: Let’s say you offer a $100 Amazon gift card to the employee with the most-read blog post each month. That $100 is taxable income to the employee and must be reported on their W-2. You, as the employer, are responsible for withholding the appropriate taxes.
Best Practice: Consult with a tax professional to determine the specific tax implications of your blogging program and ensure you’re complying with all applicable laws.
Content Guidelines & Moderation for Your SharePoint Blog Site
Even with a strong employee agreement, you need clear content guidelines and a robust moderation process. These guidelines should be readily accessible to all employees and cover:
- Topic Restrictions: Specify topics that are off-limits (e.g., political endorsements, religious debates, sensitive financial information).
- Tone and Style: Establish a consistent tone and style for the blog.
- Image Usage: Provide guidelines on using images, including copyright restrictions and appropriate content.
- Disclosure Requirements: Require employees to disclose any conflicts of interest.
- Review Process: Outline the process for submitting posts for review and approval.
Moderation is crucial. Don’t rely solely on employees to self-police. Designate a moderator (or a team of moderators) to review all posts before they are published. The moderator should be trained to identify potential legal issues and enforce the content guidelines. Consider using SharePoint’s built-in approval workflows to automate this process.
Leveraging SharePoint Features for Compliance
SharePoint offers several features that can help you manage and mitigate risks associated with your SharePoint blog site:
| Feature | Compliance Benefit |
|---|---|
| Permissions & Access Control | Restrict access to the blog to authorized employees only. |
| Approval Workflows | Require all posts to be approved by a moderator before publication. |
| Versioning | Track changes to posts and revert to previous versions if necessary. |
| Auditing | Monitor user activity on the blog, including post creation, editing, and deletion. |
| Content Types & Metadata | Categorize posts and apply metadata to facilitate searching and compliance reporting. |
Utilizing these features will significantly enhance your ability to control content and maintain compliance.
Creating a Culture of Responsibility
Ultimately, the success of your SharePoint blog site depends on creating a culture of responsibility among your employees. Provide regular training on legal and ethical considerations, and encourage employees to report any concerns they may have. Lead by example and demonstrate a commitment to compliance from the top down.
Free Downloadable Template: Employee Blog Participation Agreement
To help you get started, I’ve created a free, downloadable template for an Employee Blog Participation Agreement. This template provides a solid foundation, but remember to have it reviewed by an attorney to ensure it meets your specific needs and complies with the laws in your jurisdiction.
Download the Employee Blog Participation Agreement TemplateStaying Updated
Legal and tax regulations are constantly evolving. It’s essential to stay updated on the latest changes and adjust your policies and procedures accordingly. Regularly review your employee agreement, content guidelines, and moderation process to ensure they remain effective.
Disclaimer
Important Disclaimer: I am not an attorney or a tax professional. This article is for informational purposes only and does not constitute legal or tax advice. You should consult with a qualified attorney and tax professional to discuss your specific situation and ensure you are complying with all applicable laws and regulations. The information provided here is based on my experience and understanding as of the date of publication, and is subject to change.
By taking a proactive approach to legal and business considerations, you can create a SharePoint blog site that is both engaging and compliant, fostering a positive and productive internal communication environment.