SOCIAL MEDIA

EMPLOYEES, EMPLOYERS &

Tuesday, February 12, 13

People no longer just vent around the water cooler or at the bar after work.

People tweet, text, vlog, blog and “pin” 24/7.

If you are an employer, sometimes this involves you...

...for better or for worse.

Tuesday, February 12, 13

Tuesday, February 12, 13

Problem #1: You have to think outside of the box and forecast potential legal issues. Let’s start with recruitment via social media.

Tuesday, February 12, 13

Example: Using solely social media for recruitment purposes could be alienating, especially to the 40 + demographic or the re-entry worker.

Is this a violation of the Age Discrimination in Employment Act of 1967?

Tuesday, February 12, 13

Problem #2: Putting policies in place to “cover one’s butt.” What happens when it’s boilerplate or from another company or industry?

Tuesday, February 12, 13

Example: You cut and paste another boilerplate policy. The language within the policy is not particularized, i.e. it does not include the appropriate “limiting language” and “clarity” required to be in accordance with Section 7.

You’re on the hook for it.

Tuesday, February 12, 13

Problem #3: Policies are communication tools.

Tuesday, February 12, 13

Audit:

Tuesday, February 12, 13

Audit:

good idea?

Tuesday, February 12, 13

Audit:

good idea?

bad idea?

Tuesday, February 12, 13

Audit:

good idea?

bad idea?

Tuesday, February 12, 13

Audit:

good idea?

bad idea?

Being specific with the exact behavior you wish to prevent.

Tuesday, February 12, 13

Audit:

good idea?

bad idea?

Being specific with the exact behavior you wish to prevent.

Asking for an employee’s personal account login

information.

Tuesday, February 12, 13

Audit:

good idea?

bad idea?

Being specific with the exact behavior you wish to prevent.

Asking for an employee’s personal account login

information.

Outline policies specific to employees using social media

on behalf of the company.

Tuesday, February 12, 13

Audit:

good idea?

bad idea?

Being specific with the exact behavior you wish to prevent.

Asking for an employee’s personal account login

information.

Using social media accounts to profile applicants, even if

voluntary - inferential data.

Outline policies specific to employees using social media

on behalf of the company.

Tuesday, February 12, 13

Audit:

good idea?

bad idea?

Being specific with the exact behavior you wish to prevent.

Asking for an employee’s personal account login

information.

Using social media accounts to profile applicants, even if

voluntary - inferential data.

Outline policies specific to employees using social media

on behalf of the company.

Apply offline “tried and true” rules to the online sphere.

Tuesday, February 12, 13

Audit:

good idea?

bad idea?

Being specific with the exact behavior you wish to prevent.

Asking for an employee’s personal account login

information.

Using social media accounts to profile applicants, even if

voluntary - inferential data.

Using forensics to access personal accounts on company

devices.

Outline policies specific to employees using social media

on behalf of the company.

Apply offline “tried and true” rules to the online sphere.

Tuesday, February 12, 13

Developments to Track:

Laws prohibiting forced provision of login information (CA, TX, WA, NY)

Companies with business models for prospective employee or employee “reputation” online

When are you crossing the line with someone’s “reasonable expectation of privacy?”

Employer obligation to check social media profiles?(CO case)

Tuesday, February 12, 13

oh crap.

Avoiding These Moments

Tuesday, February 12, 13

Tip #1: Remember although you pay them, they have legally enforceable rights, like privacy. These are privacy and speech issues at their core.

Tuesday, February 12, 13

Tip #2: Run your policies through legal counsel.

Tuesday, February 12, 13

Tip #3: Make sure to walk through your policies with your employees to make sure they are understood and adopted.

Tuesday, February 12, 13