McKonly & Asbury Webinar - Navigating the Legal Aspects of Social Media in the Workplace

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More and more people are using social media sites like Facebook and Twitter to share their ideas, thoughts, interests, pictures, etc. with their “friends” and, more often than not, the world at large. Indeed, the use of social media has permeated nearly every aspect of our lives. This webinar will highlight different issues that employers and employees confront when dealing with the use of social media in the workplace.

Check out our Upcoming Events page for news and updates on our future seminars and webinars at http://www.macpas.com/events/.

View a full recap of this webinar at http://www.macpas.com/webinar-risky-business/

This webinar was hosted by Suzanne Sentman (Human Resource Director) and Reed Horanburg (Senior IT Consultant) from McKonly & Asbury with special guest Todd Shill (Partner and Employment Law Specialist) from Rhoads & Sinon LLP.

Risky Business: Navigating the Legal Aspects of Social Media in the Workplace

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McKonly & Asbury Webinar - Navigating the Legal Aspects of Social Media in the Workplace

  1. 1. FRAUD ENGAGEMENT FROM A TO Z S A M U E L B O W E R C R A F T , M S I S , C I S A & D A V I D H A M M A R B E R G , C P A , C F E , C I S S P , M C S E , W X Y Z
  2. 2. RISKY BUSINESS NAVIGATING THE LEGAL ASPECTS OF SOCIAL MEDIA IN THE WORKPLACE SUZANNE SENTMAN REED HORANBURG TODD SHILL
  3. 3. INTRODUCTIONS Suzanne Sentman, SPHR • McKonly & Asbury, LLP • HR Generalist • Serving M&A internally and HR consulting for clients Reed Horanburg • McKonly & Asbury, LLP • IT and digital media/marketing Todd Shill, Esq. • Rhoads & Sinon, LLP • Employment law and litigation over 21 years, specializes in social media in the workplace
  4. 4. MCKONLY & ASBURY, LLP • Audit, Tax and Advisory Firm • Regional presence in Pennsylvania • Variety of clients ranging from construction to manufacturing and other clients • Special capabilities in HR consulting and job placement • Best Places to Work and Best Accounting Firm • One of Central PA's premiere regional law firms providing sophisticated counsel throughout the Commonwealth of Pennsylvania • Areas of specialty include: • Litigation & Dispute Resolution • Education • Employment & Labor • Energy & Utilities • Environmental & Natural Resources • Construction Law • Employee Stock Ownership Plans • Entertainment & Sports • Health Care Law RHOADS & SINON, LLP
  5. 5. AGENDA • More and more people are using social media sites like Facebook and Twitter to share their ideas, thoughts, interests, pictures, etc. with their “friends” and, more often than not, the world at large. The use of social media has permeated nearly every aspect of our lives. This webinar will highlight different issues that employers and employees confront when dealing with the use of social media in the workplace. • Specific topics we will cover: • Social media usage in the workplace • Employee conduct using social media • Monitoring Employees • Use of social media in hiring • Noteworthy developments • For Employees “What is safe” • For Employers – Best practices
  6. 6. MySpace Facebook LinkedIn Twitter Instagram Reddit • 75% of employers are using social media for business purposes • 50% of employers allow employers to access social media for non-business reasons • Co-mingling of business and personal use • Risk to employers / employees? *cited sources SOCIAL MEDIA IN THE WORKPLACE FourSquare Pinterest Snapchat Google+ Blogs MORE!
  7. 7. “CAN I FIRE AN EMPLOYEE FOR DOING THAT?” • The laws are changing • What actions cross the line? • Don’t speak ill of the customers…or the Boss • Real world examples • Calling in “Sick” • Before you celebrate, wait until the check clears • Broken confidentiality clauses
  8. 8. MONITORING • The employer certainly has the right to monitor its employees’ online activities while they are at work, using equipment supplied by the employer • If you are monitoring, you need to be taking action • The employer may actually be held liable for damages resulting from its failure to monitor an employee’s use of its computer network
  9. 9. MONITORING • Finding balance • Separate research from decision making • Off duty conduct 15:40 • Technology obsessed? • 53% of millennial’s would rather give up smell than be disconnected • What about a personal device using company wifi? • Happier employees
  10. 10. AT-WILL EMPLOYMENT TO THE RESCUE? • Many employees feel that they are protected by the seemingly ubiquitous “freedom of speech” but it does NOT restrict a private employer’s ability to discipline or terminate an employee • Public vs. Private employers, there different rules
  11. 11. NATIONAL LABOR RELATIONS ACT (NLRA) Employees Using Social Media can trigger rights under Section 7 of the NLRA when… • Involves the terms and conditions of employment (pay, benefits, working conditions, etc.) • Be a logical or natural “outgrowth” of some earlier discussion(s) among co-workers (think water cooler chat) • Be directed to or involve other co-workers • Intent to invite or encourage further action from those co-workers
  12. 12. NATIONAL LABOR RELATIONS ACT (NLRA) Not Protected • Comments or posts that are merely “gripes” are NOT afforded protection under the NLRA • Threats are NOT covered Caution with crafting Social Media policies • Do NOT discourage “friending co-workers” • The “chilling” effect • Confront situations and concerns head on and in person
  13. 13. SOCIAL MEDIA IN THE HIRING PROCESS • I saw your blog…and you’re fired not even hired • Researching applicant’s social media presence • 25% of Facebook users don’t change their settings • Best practices for social media privacy settings • Off-duty conduct • Some states have enacted laws prohibiting employers from demanding logon IDs / passwords to sites
  14. 14. ATTENTION EMPLOYERS: THE SIGN SAYS “DO NOT ENTER” Federal Law: Stored Communications Act • Employers can’t hack into private accounts • Unauthorized access to usernames and passwords for social media sites • “Strong-arming” employees Can employers request or obtain authorization from employee that he/she provided this information freely? • What if two employees are “friends” on Facebook and report conduct to employer? • Is the “friend” an authorized user?
  15. 15. FOR EMPLOYEES…“WHAT IS SAFE?” • Use common sense, “Be social, not stupid” • Pictures and videos in the workplace • Know your privacy settings and what is public information • Once you put it online, location means nothing • Know your employer’s policies
  16. 16. BEST PRACTICES FOR EMPLOYERS • Take Proactive Measures • Policies • In addition to making a broad list of social media services, note that the list is always changing and incomplete • Include no expectations of privacy with regard to employer provided equipment • Be sure other polices extend to social media (i.e. unlawful harassment / sexual harassment policies) • Check state law for off duty conduct • Periodic policy acknowledgement from employees • Train your employees • “Friending” Policies • Regulate off-hours work for hourly employees
  17. 17. THANK YOU Additional Questions? Please contact us. • Suzanne Sentman ssentman@macpas.com • Reed Horanburg rhoranburg@macpas.com • Todd Shill tshill@rhoads-sinon.com
  18. 18. FRAUD ENGAGEMENT FROM A TO Z S A M U E L B O W E R C R A F T , M S I S , C I S A & D A V I D H A M M A R B E R G , C P A , C F E , C I S S P , M C S E , W X Y Z

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