There’s a special kind of magic when a team member talks about your brand from the inside. It’s warm, believable, and far more interesting than another polished ad. An honest “day in the life,” a quick behind-the-scenes clip, or a story about why they love the product – those posts can move people. But the second an employee starts creating content for your business, you aren’t just playing in marketing anymore. You’ve created work. And work comes with guardrails.
Let’s start with the biggest blind spot I see in small businesses: time. If your employee is non-exempt, then filming, editing, writing captions, and posting are hours worked. That’s true whether the content is shot at the office or from their couch. It’s true even if they were going to post something similar on their personal account anyway.
If you’re asking for it, directing it, approving it, or benefitting from it, it belongs on the clock. That means you need a way to capture that time and pay for it correctly – regular hours, daily or weekly overtime depending on your state, and the usual meal and rest break rules where they apply.
The “it only took five minutes” argument is how businesses drift into wage-and-hour trouble.
Closely related is the off-hours trap. Social media doesn’t respect business hours, and neither do pop-up opportunities. You text on Sunday about going live from the event. They post at 9 p.m. after their shift because that’s when engagement is highest. You nudge them to jump on a trend “real quick.”
Those are all work directives. If they push you over daily or weekly overtime, you owe it. If you’re not tracking those moments, you’re building risk into something that was supposed to be simple.
Next comes disclosure. When an employee endorses your brand online, they have a material connection to the company – you. That connection has to be obvious to anyone seeing or hearing the content.
Put plainly: they need to say they work for you, and it needs to be easy to notice and easy to understand. In a video, that means having the disclosure in the video itself – on-screen and ideally spoken – not just tucked into the description. In a post, it should appear up front, not hidden behind a “more” fold or buried in a cloud of hashtags. “I work for [Company]” or “#Employee” is clear. Shorthand like “#spon” or “#collab” is not. If you want to use a branded tag, fine – but pair it with plain language people can’t miss.
Why does this matter so much? Because when disclosure is unclear, regulators (read Federal Trade Commission) view it as misleading advertising. And when an employee’s post is misleading, the company carries the responsibility. The point isn’t to terrify you; it’s to keep your marketing honest and your brand out of trouble. When in doubt, make the connection obvious.
Legal and compliance risk gets the headlines, but reputational risk is just as real. When an employee posts about your business, the audience connects the dots – your logo, your space, your people – and assumes this is part of your brand story. That means a sloppy tone, a stray confidential detail, an unvetted claim, or an emotionally timed post can create a mess you didn’t intend.
You can’t control the internet. But you can set expectations with your own team.
That’s why structure matters. Not heavy, bureaucratic structure – small businesses don’t need that. Light structure. Start with the job description. If creating or amplifying brand content is part of the role, put it in writing. Be specific about what “content” means for your business: recording short videos, taking photos, writing captions, showing approved behind-the-scenes moments, responding to comments as the brand, and so on. If it’s part of the job, it belongs in the job.
“… the second an employee starts creating content for your business, you aren’t just playing in marketing anymore. You’ve created work.”
Then solve the time question. Decide where this work sits in the schedule. Do you allocate a few hours a week during normal shifts? Do you rotate responsibilities? Do you pay for occasional after-hours posts and track them properly? Choose a system and use it consistently so you don’t slide into unpaid, off-the-clock work.
You’ll also want a practical social media policy. Skip the legalese wall of text; write something people can follow. Spell out what’s OK to share, what’s off-limits, how to handle confidential information, who approves brand claims, and what disclosures look like in your house style. Include a short section on conduct and tone – how you want the brand to sound and how to respond if a comment thread starts to veer off course. Give examples without making it a script.
Pair the policy with a quick training. Ten to twenty minutes goes a long way: when to disclose, where to put the disclosure, what “clear and conspicuous” actually looks like, how to avoid implying medical, financial, or other regulated claims, and what to do if they post something and realize later it revealed more than it should have. Training builds judgment, and judgment is what you need when the camera is rolling.
Add a light review step without creating a bottleneck. For recurring content, consider a simple checklist and a second set of eyes before the first few posts go live. As your team learns the rhythm, you can loosen the oversight. For time-sensitive posts, empower someone knowledgeable to approve quickly. The goal is to protect the brand and keep momentum.
Whether you’re an entrepreneur jumping into a leadership role, a seasoned business pro with new HR responsibilities, or just starting your HR career – we’ve got the right path to guide you through your HR hurdles.
Check out the Leaders Journey Experience. This online education platform holds the LJE Masterclass, HR SimpleStart Academy and HR FuturePro Academy.
Not sure where to start – take the quiz!
Finally, manage conflicts. If your employee also creates content for other brands, get that on the table. You aren’t trying to police their life; you’re protecting your business from divided loyalties and awkward mash-ups. Set boundaries around competitors, disclose paid relationships, and make sure your brand isn’t accidentally presented alongside a direct alternative in the same carousel.
Put all of this together and you get the best of both worlds: authentic, human content that actually helps your business grow – and a clean, defensible process behind it. That’s the difference between hoping influencer-style posts help you and designing a small, sustainable program that you can trust.
So yes, encourage your team to tell your story. Invite the real moments. Celebrate the work. But pair the creativity with simple guardrails: job clarity, time tracking, clear disclosures, a practical policy, quick training, and a light review loop. That’s how you protect the people doing the posting, protect your brand, and keep your marketing honest.
Because once a post is out, you can’t unring the bell. Your job as the owner is to make sure what goes out reflects your standards – legally, ethically, and reputationally. Do that, and “employee influencer” stops being a gray area and starts becoming one of the most trustworthy parts of your marketing mix.