In the rapidly evolving world of marketing, businesses are discovering a powerful and authentic new voice: their own employees. But turning a sales associate into a social media influencer isn’t as simple as handing them a camera. It opens a complex web of legal and ethical questions that can trip up even the most well-intentioned companies. We sat down with Sofia Khaira, a leading specialist in diversity, equity, and inclusion, who brings her deep expertise in talent management and HR to this modern workplace challenge. She helps us understand the critical guardrails necessary for a successful employee-influencer program, touching on everything from Federal Trade Commission mandates and overtime pay to protecting company secrets and managing workplace dynamics.
Let’s start with the big one: transparency. When an employee posts a video about their company’s products, what are the absolute non-negotiables for disclosure according to the FTC, and what’s at stake if a company and its employee get it wrong?
This is the first and most critical hurdle. The Federal Trade Commission is crystal clear that if an individual has a “material connection” to a seller—which employment certainly is—that relationship must be disclosed to the public. The risk here is real, as both the company and the employee can face significant fines for failing to comply. The disclosure can’t be buried; it needs to be impossible to miss. We’re talking about a clear announcement right at the beginning of the video, a legend that’s conspicuously placed on the screen throughout, or a statement in the video’s caption that’s immediately visible without a viewer having to click “more.” Simply tucking it away in an “about me” section or a social media bio is not sufficient. Even if the employee isn’t being directly paid for the post, they must be transparent about any other benefits, like early access to new products or special discounts they received.
It seems a company faces a choice: either treat these posts as personal opinion or take control and pre-approve the content. If a manager decides they want to review everything before it goes live, how can they formalize that process without blurring the lines of an employee’s regular job?
That’s a pivotal decision. If you go the route of pre-approval, you are fundamentally changing the nature of the activity from a personal hobby to a work assignment. The best way to manage this is through a formal, separate agreement. This document is essential for creating clear boundaries. It should explicitly state that this influencer work is distinct from the employee’s typical job duties, like their role as a sales associate. The agreement needs to lay out the entire review process: who in the marketing department has the final say, what the turnaround time for approval will be, and what specific brand or product messaging standards the content must meet. This isn’t just a casual “show me before you post”; it’s a structured arrangement that protects both parties by defining the expectations and workflow for this unique role.
Many of these enthusiastic employees are non-exempt, paid by the hour. If a retail associate is excited to film product videos on their own time, what are the company’s legal obligations for paying them, and how does that change if the employee is exempt?
This is where many companies can get into serious wage and hour trouble. For a non-exempt employee, any time spent creating this content for the company—even if it’s “voluntary” and filmed at home on a weekend—is considered work time. That means it must be tracked and paid, including any applicable overtime. An agreement must specify how this time will be recorded and compensated. For an exempt employee, the situation is different as they aren’t eligible for overtime. However, they might rightly see this as work falling far outside their job description and seek extra compensation for “moonlighting” as a content creator. To avoid disputes, it’s a best practice to address this head-on in an agreement, clarifying whether any additional compensation will be provided and placing clear limits on the time they should spend on these projects to ensure it doesn’t interfere with their primary responsibilities.
Having employees film inside a store seems like a great way to get authentic content, but it also feels fraught with risk. What are the primary concerns around protecting confidential company information and the privacy of others, and what practical steps should be mandatory before a phone is ever pointed at a shelf?
You’re right to be cautious. The risks are significant. An employee filming in the store could inadvertently capture sensitive information in the background—think yet-to-be-released products, internal marketing plans, or even customer data on a screen. Furthermore, you have major privacy issues. You can’t just film coworkers or customers without their permission. Before any recording begins, the employee must be thoroughly familiar with the company’s social media policy, which should explicitly prohibit the disclosure of any confidential or proprietary information. The most crucial practical step is to require the employee to obtain explicit, written consent from any coworker or customer who might appear in the video. This isn’t just a courtesy; it’s a vital measure to protect their privacy and shield the company from potential legal claims.
If you were advising a marketing manager who is excited about this idea and wants to build an official employee-influencer program from the ground up, what would you say are the most essential elements to include in their agreement with employees?
To build a strong and sustainable program, the agreement must be comprehensive. First, it should document that the employee initiated the request to create content, making the origin of the partnership clear. Second, it must explicitly state the compensation terms—whether there is any, and if so, how it’s structured for both non-exempt and exempt employees. Third, it must mandate the FTC disclosure requirement we discussed. Fourth, if the company wants oversight, the agreement needs to detail the entire content review and approval process. Fifth, it must reinforce confidentiality rules and the absolute requirement to get consent before filming other people. Finally, it should set practical boundaries, such as requiring filming outside of work hours to avoid disruptions and placing a cap on the time spent on the project so it doesn’t detract from the employee’s core job.
What is your forecast for the trend of companies using their own employees as brand influencers?
I believe this trend will only accelerate, but it will mature. The initial, informal phase of “let’s see what happens” is giving way to a much more structured and strategic approach. Companies are recognizing that the authenticity of an employee’s voice is an incredibly valuable marketing asset that can’t be easily replicated by traditional influencers. My forecast is that we will see a rise in formalized internal “creator programs,” complete with dedicated legal agreements, clear compensation models, and even training on brand messaging and FTC compliance. The businesses that succeed won’t be the ones who just encourage it, but the ones who build a supportive and legally sound framework around it, turning enthusiastic employees into powerful, protected, and effective brand ambassadors.
