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9/18/2013

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BUSINESS LAW

EMPLOYMENT

LAW

SOCIAL MEDIA

HIPAA

INTERNET LAW

DISCRIMINATION

LGBT ISSUES

UNEMPLOYMENT

COMPENSATION

CONTRACTS

HOME HEALTH

CARE

ADVANCED

DIRECTIVES

CEMETERY LAW

1275 GLENLIVET DRIVE , SUITE 100 ALLENTOWN , PENNSYLVANIA 18106TEL: 484.224.3059 | FAX: 484.224.2999

[email protected]

F I N D U S O N

BUSINESS LAW

EMPLOYMENT

LAW

SOCIAL MEDIA

HIPAA

INTERNET LAW

DISCRIMINATION

LGBT ISSUES

UNEMPLOYMENT

COMPENSATION

CONTRACTS

HOME HEALTH

CARE

ADVANCED

DIRECTIVES

CEMETERY LAW

Advancing the Law of Work.

A Professional Corporation

KGL

“Any sufficiently advanced technology is indistinguishable from magic.”

-- Arthur C. Clark

(c) 2013 Deirdre Kamber Todd 2

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Deirdre Kamber Todd Esq.

Areas of Practice:

Employment and Business Law

Social Media/Internet

HIPAA

Unemployment Compensation

Healthcare and home healthcare

End-of-Life Law

Admitted: Pennsylvania, New York and U.S. Supreme Court

Expert Witness: Social Media, Lehigh County Court

DEIRDRE KAMBER DEIRDRE KAMBER

KAMBER LAW GROUP @KAMBERLAWGROUP

mailto:[email protected]

9/18/2013

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Summary of Your To Do List

9/18/2013Copyright 2013 (c) Deirdre Kamber

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Contracts/ Restrictive Covenants

Using them Making them work Expectations

Policies

SNAP Legal Compliance Other policies

What to Do?

Employees Analytics, Google alerts Customers

Business Issues

TMI & Privacy Online relationships 24-7 Access

Understanding Social Media

The Role of SM Sites Data aggregation

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WHY Do IT

Consumers trust virtual presence more than physical presence

24…7…365

The 1st (and 2nd and 3rd and...) place people will go for info on your business

Release timely information quickly

Impossible to judge size, age, and community status

Your competition is doing it

Your employees are doing it

Failure to do so will destroy your business


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Understanding

Social Media



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Policies


What to Do?


Business Issues




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In a World of New Ideas…

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Where Are We Now

We are starting to understand

what social media can do

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The New WorlD Social Media

Networking and Data Aggregation

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We know we need a plan, or have one

started…but it must be

appropriate and legal

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The utilization of an online service, platform, or site that focuses

on the building and reflecting of relations among people.

Ibibo * Adult FriendFinder * Advogato * Amie Street * ANobii * ASmallWorld * Athlinks * Avatars

Last.fm * United * Badoo * Bebo * Bigadda * Big Tent * Biip * Black Planet * Blogster * Broadcaster

Yelp, Inc. * Youmeo * Zoo.gr * Buzznet * Café Mom * Cake Financial * Care2 * Classmates.com *

Cloob * College Tonight * Couch Surfing * Daily Booth * Daily Strength * Decayenne * Deviant Art *

DisABoom * Dol2day * DontStayIn * Draugiem.lv * Elftown * Epernicus * Eons.com * Italki *

Experience Project * Exploroo * Facebook * Faceparty * Faces.com * Fetlife * Filmaffinity *

Fledgewing * Flixter * Flickr * Fotolog * Friends Reunited * Friendster * Fruhstuckstreff * Fubar *

Gaia Online * GamerDNA * Gather.com * Gays.com * Geni.com * Gogyoko *Hi5 * Goodreads *

Gossipreport.com * Grono.net * Habbo * Hospitality Club * Imeem * IRC-Galleria * InterNations *

Itsmy * Iwiw * Jammer Direct * Kaioo * Kaixin001 * KIwibox * LibraryThing * LifeKnot * LinkedIn *

Live * Lunar Storm * MeetIn * Meetup.com * Mobikade * MocoSpace * Mouthshut * Live Mocha *

MOG * Mixi * Jaiku * Multiply * Muxlim * MyAnimeList * My Church * My Heritage * My Life * My

LOL * My Opera * MySpae * My Yearbook * Masza-klasa.pl * Netlog * Nettby * Nexopia * NGO

Post * Ning * Odnoklassniki * OKCupid * One Climate * One World TV * Open Diary * Orkut * OUT

Everywhere * Partner Up * Plaxo * Passportstamp * Pingsta * Playahead * Playboy U * Plurk *

Present.lv * Qapacity * Quarter-Life * Qzone * Ravelry * Renren * ResearchGate * Reverberation

* Ryze * Scispace * Shelfari * Skyrock * Social GO * Social Vibe * Sonico.com * Soundpedia *

Stickam * StudiVZ * Super Nova.com * Tagged.com * Talent Trove * Talkbiznow * Taltopedia *

TraveBuddy.com * Travel – Lertspoint.com * Tribe.net * Trombi.com * Tuenti.com * Tumblr * Twitter

* V Kontakte * Vam-Pirefreaks * Viadeo * Vox * Wakoopa * Wasabi * Wayn * WebBIographies *

WeOurFamily *Windows Live Spaces * Wiser Earth * Xanga * Xing * Xt2 * Yammer * Hyves * Ibibo

* Adult FriendFinder * Advogato * AmieStreet * ANobii * ASmallWorld * Athlinks * Avatars * Last.fm

* United * Badoo * Bebo * Bigadda * Big Tent * Biip * Black Planet * Blogster * Broadcaster * Yelp,

Inc. * Youmeo * Zoo.gr * Buzznet * Café Mom * Cake Financial * Care2 * Classmates.com * Cloob

* College Tonight * Couch Surfing * Daily Booth * Daily Strength * Decayenne * Deviant Art *

DisABoom * Dol2day * DontStayIn * Draugiem.lv * Elftown * Epernicus * Eons.com * Italki *

Experience Project * Exploroo * Facebook * Faceparty * Faces.com * Fetlife * Filmaffinity *

Fledgewing * Flixter * Flickr * Fotolog * Friends Reunited * Friendster * Fruhstuckstreff * Fubar *

Gaia Online * GamerDNA * Gather.com * Gays.com * Geni.com * Gogyoko *Hi5 * Goodreads *

Gossipreport.com * Grono.net * Habbo * Hospitality Club * Imeem * IRC-Galleria InterNations *

Itsmy * Iwiw * Jammer Direct * Kaioo * Kaixin001 * KIwibox * LibraryThing * LifeKnot * LinkedIn *

Live * Lunar Storm * MeetIn * Meetup.com * Mobikade * MocoSpace * Mouthshut * Live Mocha *

MOG * Mixi * Jaiku * Multiply * Muxlim * MyAnimeList * My Church * My Heritage * My Life * My

LOL * My Opera * MySpae * My Yearbook * Masza-klasa.pl * Netlog * Nettby * Nexopia

Hospitality Club * Imeem * IRC-Galleria

InterNations * Itsmy * Iwiw * Jammer Direct * Kaioo * Kaixin001 *

SOCIAL

NETWORKING

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Blogs

PhotoSharing

VideoSharing

Tagging

ChatRooms

MessageBoards

SocialNetworks

Widgets

Podcasts

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From Media

News

Articles

News Reports

Computer

Programs

LunchBreaks

Bulletin

Boards

CoffeeBreaks

Filing/

Labeling

WatchNews

PhotoAlbums

to Social Media

From Media

Social networking website.

Mainly used for professional networking, but also an

active tool for recruiting talent.

As of June 2013, more than 175 million users in more

than 200 countries.

21.4 million monthly unique U.S. visitors and

47.6 million globally.

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9/18/2013

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Twitter is an online social networking service (not a social media site) and microblogging service that enables its users to send and read text-based messages of up to 140 characters, known as "tweets."

It has over 500 million active users as of 2013, generating over 340 million tweets daily and handling over 1.6 billion search queries per day.

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Can u read this? Im sure u can. For

updates on employment and social

media law, follow me at

@DKamberTodd, or LinkedIn: Deirdre

Kamber Todd

(And that IS 140 characters)

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Advancing the Law of Work.

• Social media and networking site launched in February 2004.

• Facebook has over 955 million active users

• More than half of them using Facebook on a mobile device.

• Users must register before using the site, after which they may create a personal profile, add other users as friends, exchange messages, and “Like” companies and organizations.

www.KamberLawGroup.com

Data aggregation sites crawl the web to find information about a user.

Information may or may not be accurate.

Many companies are offering their data aggregation services for pay to companies.

SOME EXAMPLES

(c) 2013 Deirdre Kamber Todd 15

Data Aggregation

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Fake “likes”

Full disclosures

Inadvertent copyright infringement (e.g. Superbowlchallenges)

Will the real website please stand up?


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Shades of Grey between Employees

customers and Thieves

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Business Issues



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Policies


What to Do?


Business Issues




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Litigation

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DEFAMATION/FALSE LIGHT

WRONGFUL TERMINATION

STORED COMMUNICATIONS ACT

UNEMPLOYMENT COMPENSATION

EXPECTATION OF PRIVACY

DISCRIMINATION

NLRA/PLRA

NON-COMPETES

CONTRACTS

FIRST AMENDMENTS

Legislation and agency Guidelines

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EEOC

“Inadvertent acquisition”

exception to GINA’sprohibition on the

employer’s acquisition and possession of

employees’ genetic information.

FTC

Truth in Advertising

NLRBPosting on inter-

and intranets

No at-will statement without subject to change

No chilling effect on protected activities

Bans on Employer Access to

FB Passwords

Legislation has been introduced or is pending in at least 36 states.

• Some are a total ban

• Some are for applicants only

• Some are for employees only

• Some are only criminal

• &c.

(OR, 5/13) – Bill prohibits employers from:

• Requiring or requesting that employees or applicants for employment

• Provide access to personal social media accounts

• Adding employers to social media contact lists, or

• Allow employers to view an employee's or applicant's personal social media account.

• 10th State to Propose

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Cases of Interest

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Quon v. City of Ontario

• U.S. Supreme Court reviewed the question as to whether an employer can review work-phone text messages where the purpose is not to invade the employee’s privacy.

Morse v. Mer

• Exotic dancers advertised their personal talents on Facebook and challenged their employer’s determination that they were independent contractors under the FLSA.

TekSystems v. Hammernick

• An employer sued its former employee for breach of restrictive covenants due to LinkedIn communications.

PetrovitchDevelopment

• E-mails between a client and attorney are not considered privileged and confidential, if written from a work e-mail account.

Cases of Interest

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Steingart v. Loving Care

• E-mails on a personal web- based e-mail account accessed from an employer’s computer were private.

• Decision was contingent on the fact that use of such an account was not clearly covered by the company’s policy, and the e-mails in question contained a standard warning that the communications were personal, confidential, attorney-client communications.

PhoneDog v. Kravitz

• A mobile phone website, sued Noah Kravitz, after he resigned from the company, alleging that he improperly took control of his Twitter account and approximately 17,000 Twitter followers when he left.

• After he left, Kravitz changed the account to @noahkravitz but kept his followers.

• PhoneDog did not have a written policy regarding ownership of the Twitter account.

• PhoneDog sued Kravitz, seeking damages of $2.50 per follower per month.

• Settled under terms that allow Kravitz to maintain his Twitter account and followers.

Cases of Interest

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What to DO



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Policies


What to Do?


Business Issues




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What to Do…

Customers

Claim your website (Google, Bing, etc.) listings and set your Google Alerts.

Be mobile-friendly.

Generate reviews.

Submit content regularly to relevant websites to generate backlinks.

Update regularly and consistently.


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What to Do…

Employees

Policies that make sense.

Restrictive Covenants.

Set limits that are appropriate.

Train your employees.

Trust the conversation.


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Top 10 Ways To End Up

At The Bottom

10. Don’t underestimate the time it takes to build a good website or good content.

9. Don’t let your kid design it.

8. Don’t start something you can’t continue.

7. Don’t underestimate or overestimate your audience.

6. Don’t crumble from one bad review.


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Top 10 Ways To End Up

At The Bottom

5. Don’t make everything Flash/ high-tech.

4. Don’t press “send” unless you’ve thought about it twice, shown it to your ex-spouse, your best friend, and your lawyer.

3. Don’t write or download (worse yet) your own policies or disclaimers.

2. Don’t advertise anything untrue.

1. Make sure you are in compliance – don’t take chances.


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Policies



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Policies


What to Do?


Business Issues




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Social Networking

Acceptable Use Policies

Some internet access is important.

Give your employees the tools that they need to maximize

their talents.

Are you working with IT?

Are you doing what you say you’ll do… reserving rights

Is your ban effective?

Working in tangent with other policies?

Is privacy protected?

Is it Iegal?


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Allow

Block

Monitor

Legal Tools for

Protecting Interests

Online tools through Google, FB, Monster

Maintaining presence

Follow-up thereafter

Knowing when to take hits, when to file suits, when to fire

WATCH FOR: DEFAMATION

NLRB/PLRB VIOLATIONS

FORCING PASSWORDS

UNEMPLOYMENT COMP

PRESERVING EVIDENCE

DISCRIMINATION


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OTHER POLICIES FOR

Protecting Interests

Other policies MUST work with your SNAP

Code of Conduct

Emails/texting/computer use/IM’ing

Off-duty conduct

Ownership rights

Fraternization

Applications for employment

Employee training

Employee testimonials

Tracking hours apps


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Contracts and

Restrictive Covenants



Policies


What to Do?


Business Issues






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Employment Agreements

Restrictive Covenants, and

Non-Competes


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Contracts

PROTECT YOUR WORKPRODUCT SECRETS

Your protections should range from hiring…to firing… to post-termination obligations

Protect your online client lists and marketing efforts

The ability to use customer connections should be by license, not right – by contract!

Follow-up thereafter.


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contracts

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Questions…Comments

Deirdre Kamber Todd, [email protected]

1275 Glenlivet Drive, Suite 100Allentown, PA 18106

Tel: 484.224.3059 Fax: 484.224.2999

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