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Social Media Challenges for Employers
Social Media Challenges for Employers Jennifer J. Raymond Social Media In The Workplace • Facebook, LinkedIn, Twitter, YouTube, MySpace, Flickr, blogs • Recruiting and hiring • Monitoring employee behavior • Defending employment litigation • Building employer’s brand • Communicating with customers 2 © 2012 The Stolar Partnership LLP In The Workplace, Continued • 50% of employers do not have social media policy • 34% include social media in general internet policy • 10% have specific social media policy • 53% of employers do not monitor employees’ use of social media 3 © 2012 The Stolar Partnership LLP • 24% of employers have disciplined employees based on social media • 8% have terminated an employee • 34% experienced exposure of sensitive or embarrassing business information 4 © 2012 The Stolar Partnership LLP Pre-employment Screening • 45% of employers use social networking sites to research job candidates • 11% plan to start • 35% have found information that caused them not to hire 5 © 2012 The Stolar Partnership LLP Pro’s • Verify résumé • Eliminate candidates engaged in unlawful activity • Weed out candidates showing poor judgment 6 © 2012 The Stolar Partnership LLP 7 © 2012 The Stolar Partnership LLP Con’s 8 © 2012 The Stolar Partnership LLP USE CAUTION! • Protected Classes Minorities Sexual orientation Health conditions/disabilities • Financial Condition • Family Information 9 © 2012 The Stolar Partnership LLP 10 © 2012 The Stolar Partnership LLP Monitoring Workday Activities 11 © 2012 The Stolar Partnership LLP Workday Activities, Continued • • • • Productivity Confidentiality Misconduct Privacy 12 © 2012 The Stolar Partnership LLP Off-Duty Activities 13 © 2012 The Stolar Partnership LLP 14 © 2012 The Stolar Partnership LLP Monitoring Off-Duty Activities • Legal recreational activities • Harassment & other policy violations • Leaves of absence 15 © 2012 The Stolar Partnership LLP 16 © 2012 The Stolar Partnership LLP Working Conditions 17 © 2012 The Stolar Partnership LLP 18 © 2012 The Stolar Partnership LLP National Labor Relations Act • Protects employee’s right to engage in concerted activity 19 © 2012 The Stolar Partnership LLP NLRB, Continued • Concerted activity: Employee blogs Facebook posts • Not just union workplaces • Social Media policies prohibiting “disparagement” and “defamation” 20 © 2012 The Stolar Partnership LLP Endorsements & Testimonials 21 © 2012 The Stolar Partnership LLP Employee Endorsements • False or misleading advertising • Federal Trade Commission Guides Concerning the Use of Endorsements and Testimonials in Advertising 22 © 2012 The Stolar Partnership LLP What is an “endorsement”? • An advertising message • That consumers are likely to believe reflects the opinions, beliefs or experiences of a party other than the sponsoring advertiser 23 © 2012 The Stolar Partnership LLP 24 © 2012 The Stolar Partnership LLP Endorsements, Continued • Disclosure required when relationship would “materially affect” the credibility of the recommendation for the consumer • Employee/independent contractor • Applies to products/services or the employer itself 25 © 2012 The Stolar Partnership LLP 26 27 28 © 2012 The Stolar Partnership LLP Best Practices 29 © 2012 The Stolar Partnership LLP Best Practices, Continued • Have a current social media policy • Identify prohibited conduct personal use of employer’s equipment confidentiality, harassment, non-solicitation disparagement “friending” subordinates/clients instructions in good judgment use of employer’s logo 30 © 2012 The Stolar Partnership LLP Best Practices, Continued • Require employees to identify their relationship with the employer when referencing the employer or its products/services • Include cybervetting policy • Train management and employees • Have a plan to address workplace issues 31 © 2012 The Stolar Partnership LLP Q&A Jennifer Raymond The Stolar Partnership LLP (314) 641-5193 [email protected] 32 © 2012 The Stolar Partnership LLP
