social media in the workplace
DESCRIPTION
Right now, several of your employees are updating their Facebook statuses. Oh, your company blocks Facebook at work? That won’t stop your employees from accessing Facebook on their phones and at home. However they choose to engage online, in this session, a lawyer who actually uses social media will update HR professionals on the legal issues affecting social media, and provide updated best practices to avoid the issues that an otherwise unprepared organization could face.TRANSCRIPT
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TLNT WebinarSocial Media in the Workplace
Presented byEric B. Meyer, Esquire
September 12, 2013
Give me social mediaor give me death!
One of every three college students and young employees believes the Internet is as important as air, water, food, and shelter.
Two of five said they would accept a lower-paying job that had more flexibility with regard to device choice, social media access, and mobility than a higher-paying job with less flexibility.
* Cisco Connected World Technology Report
The internet is viral and it never forgets
“Delete” does not mean “delete”
Sender relinquishes control once a message is sent
It’s hard to rewrite history or control spread of info
“Your password or this job!”
Requiring current and prospectiveemployees to divulge socialnetworking passwords
“Shoulder surfing” Forced friending
Companies are using social media
For vetting job candidates Nearly 3 out of 4 hiring managers and recruiters check candidates’ social
profiles – 48% always do so, even if they are not provided 80% of respondents reacted positively to seeing memberships to
professional organizations, while 2/3 like to see volunteering or donating to a nonprofit.
Content that recruiters especially frown on includes references to using illegal drugs (78% negative) and posts of a sexual nature (67% negative).
Profanity in posts and tweets garnered a 61% negative reaction, and almost half (47%) reacted negatively to posts about alcohol consumption.
Worse than drinking, grammar or spelling mistakes on social profiles saw a 54% negative reaction.
• Jobvite Social Recruiting Survey 2012
Concerns about Employee Use of Social Media
Image Morale Productivity IP Confidentiality
How will it impact the company?
Real Life Examples and Horror Stories
Real Life Examples and Horror Stories
Benefits of Employee Use of Social Media
Well-treated employees will return the favor
Constructive feedback Employee recognition Productivity
Addressing Employee Use of Social Media
Why do you need another policy?
Less than half of employers have them, so why do you need one? To educate To set the tone To manage expectations To protect the company
Elements of a bad social-media policy
You Googled it You used the one that a friend at another
company sent you It was last revised in 2012
Elements of a good social-media policy
Philosophy 101 Social Media 101 Guidelines Rules
National Labor Relations Board
Employer policies should not be so sweeping that they prohibit the kinds of activity protected by federal labor law, such as the discussion of wages or working conditions among employees.
An employee’s comments on social media are generally not protected if they are mere gripes not made in relation to group activity among employees.
Off-duty conduct laws
17 states have enacted "tobacco only" statutes. 8 states protect the use of lawful products. 4 states offer statutory protection
for employees who engage in lawful activities.
Search Home Profile Find Friends Account
John Doe +1 Add as Friend
Info Photos Video Notes Flair_______________________________________________________About MeName: John Doe/The WizardJob: Accountant/ConjurerHobbies: Vietnam War Veteran alum activities
Religion: WarlockWhat I love: Taking care of my partner through his many
illnessesWhat I hate: Traveling while there is a Full Moon (can’t
bring my knife on airplane travel); Managers making me work on Halloween
Biggest Accomplishment: Staying active while receiving weekly dialysis
Most telling feature: My strong Bolivian accent
Is social media ever really off-the-clock?
What employees say and do online off-the-clock can still impact the workplace Espinoza v. County of Orange
Ten Social Media Guidelines
1. Exercise good judgment and common sense. 2. Complain if you must, but otherwise be
respectful3. Follow the terms and conditions of any social
media sites and software that you utilize4. Identify yourself when posting in order to lend
credibility to your online contributions.5. Be authentic.
Ten Social Media Guidelines
6. Adjust your privacy settings 7. Remember that your social networking activities
may create a perception about your employer8. You are responsible for everything that you
write or present online. So be accountable.9. Don’t let social networking activities interfere
with your other responsibilities and duties. 10. Consider using company established channels
for job-specific issues.
Rule #1 – Don’t Be Mean (unless permitted by the NLRA)
Do not "post or display comments about coworkers or supervisors or the company that are vulgar, obscene, threatening, intimidating, harassing, or a violation of the company’s workplace policies against discrimination, harassment, or hostility on account of age, race, religion, sex, ethnicity, nationality, disability, or other protected class, status, or characteristic."
Do not represent that your employer endorses any of your communications or personal opinions
Do not use your employer to promote any opinion, belief, product, cause or political candidate.
Get permission before giving recommendations of co-workers on social media sites
When necessary or appropriate, include the statement: “This is my personal opinion and not that of _________________.”
Rule #2 – Do not speak for the boss
Do not ask co-workers/subordinates for their passwords
Respect the privacy of customers, vendors and co-workers
Do not disclose any of your employer’s protected intellectual property or confidential or proprietary information.
Rule #3 – Loose Lips Sink Ships
Do not use any logos, marks or images in any manner that would violate copyright, trademark or fair use laws.
Rule #4 – You don’t have the ©,®, or TM
Rule #5 - Follow ALL rules
If you engage in social networking, you must follow, and act consistent with, the rules and your conduct and communications may not conflict with any of the rules, whether related to harassment, confidentiality, intellectual property, computer use, or otherwise.
Your Employer May Be Watching
Most companies have a policy that allows them to monitor employee use of its computer systems, including online access of personal social media
You may be disciplined
Be consistent in discipline based on information learned about social networking activities
Look out for “protected concerted activity”1. Was the activity for mutual aid or benefit? 2. Was the activity of a protected nature?
It doesn’t end there
Train your workforce on the policy Periodically review the policy with a lawyer to ensure
that it is still good and with a social-media-savvy employee to ensure that it is up-to-date
Questions?
Telephone:215-575-7283
Email:[email protected]
Blog:TheEmployerHandbook.com
Twitter:@Eric_B_Meyer
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