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Collision Of My Space, Your Space And Our Space 3 11 11
 

Collision Of My Space, Your Space And Our Space 3 11 11

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A basic slide show on the workplace issues caused by the abuse of social media

A basic slide show on the workplace issues caused by the abuse of social media

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    Collision Of My Space, Your Space And Our Space 3 11 11 Collision Of My Space, Your Space And Our Space 3 11 11 Presentation Transcript

    • Presented by: D. Albert Brannen Phone: (404) 240-4235 Email: dabrannen@laborlawyers.com SOCIAL MEDIA IN THE WORKPLACE THE COLLISION OF MYSPACE, YOUR SPACE AND OUR SPACE
    • Explosion of Social Networking
      • MySpace:
        • More than 125 million users
        • 50 million posts per day
      ©Copyright 2011 All rights Reserved
    • Explosion of Social Networking
      • Facebook:
        • Largest social networking site
        • More than 500 million users
        • Projected 2010 revenues to be $710 Million—up 40% over 2008
      ©Copyright 2011 All rights Reserved
    • Explosion of Social Networking
      • LinkedIn:
        • “ Professional” site
        • More than 80 million users
        • Projected 2010 revenues to be $110 M
        • Average user is 41, with annual income of $110,000
      ©Copyright 2011 All rights Reserved
    • Explosion of Social Networking
      • Twitter:
        • More than 18 million users
        • Projected to grow to 25 million users in 2010
      ©Copyright 2011 All rights Reserved
    • Explosion of Social Networking
      • Other sites:
        • Windows Live Spaces 120 million
        • Habbo 117 million
        • Friendster 90 million
        • Flixster 63 million
        • Classmates 50 million
        • MyLife 50 million
        • Bebo 40 million
        • Tagged 10 million
      • http://en.wikipedia.org/wiki/List_of_social_networking_websites
      ©Copyright 2011 All rights Reserved
    • Explosion of Social Networking ©Copyright 2011 All rights Reserved
    • Interesting Statistics Relating To Employment
      • 42% of companies say layoffs have increased data “leakage”
      • 34% of companies were harmed by sensitive info release
      • 31% of companies terminated someone for e-mail violations
      • 24% of companies say e-mail subpoenaed
      • 8% terminated someone for use of social networking sites
      • Proofpoint’s 2009 Study on Outbound e-mail and Data Loss Prevention
      ©Copyright 2011 All rights Reserved
    • Employment Screening Tool?
      • According to Career Builder.com survey, nearly half (45%) of US employers report using social networking sites to dig up information about job candidates
      ©Copyright 2011 All rights Reserved
    • Conflict in the Workplace
      • 60% of employees believe their online activities are none of their employer’s business
      • 50% of employers believe they have a right to monitor social networking sites
      ©Copyright 2011 All rights Reserved
    • Conflict in the Workplace
      • 75% of employees say their employer doesn’t have a social networking policy
      • But, 50% of employers report they have a social networking policy
      ©Copyright 2011 All rights Reserved
    • A New Vocabulary
      • Sexting
      • Textual harassment
      • Datamation
      • Driving while intexticated
      • Name squatting
      ©Copyright 2011 All rights Reserved
    • ©Copyright 2011 All rights Reserved A Few Horror Stories: How Employees Caused Themselves Problems At Work
    • A “Family Emergency” http://www.switched.com/2007/11/13/lying-male-intern-busted-in-a-dress-on-facebook ©Copyright 2011 All rights Reserved Kevin called in and reported that he would miss work due to a ‘family emergency.” A few days later, he posts his picture from a Halloween party.
    • “ Drunken Pirate” Teacher http://seattletimes.nwsource.com/html/nationworld/2003685221_webmyspacesuit28.html ©Copyright 2011 All rights Reserved
    • Runnin’ Down the Boss Philadelphia Eagles staffer Dan was fired after remarking on his Facebook page about the firing of star safety Brian Dawkins: “ Dan is [expletive] devastated about Dawkins signing with Denver. . . Dam Eagles R Retarded!!” http://pacdudegames.com/blog/dan-leone-the-philadelphia-eagles-and-the-art-of-tact/ ©Copyright 2011 All rights Reserved
    • Pittsburgh Pirate Mascot “Outta’ Here!”
      • Andrew, one of 18 men who take turns posing as pierogies in a race after the fifth inning of every home game, was dismissed by the team because he posted disparaging remarks about the Pirates on his Facebook page .
      ©Copyright 2011 All rights Reserved
    • How to Lose A New Job http://bhc3.wordpress.com/2009/03/17/how-to-tweet-your-way-out-of-a-job / ©Copyright 2011 All rights Reserved
    • ©Copyright 2011 All rights Reserved A Few Horror Stories: How Employees Caused Themselves Other Problems
      • Joshua was sentenced to 2 years in prison for seriously injuring a young woman in a drunk driving incident. The proof?  Pictures showing Lipton at a party dressed in a jailbird costume 3 weeks after the crash. Someone posted them on Facebook, and that offered evidence for the prosecutor handling his drunk-driving case.
      “ Jailbird” Joshua Lipton ©Copyright 2011 All rights Reserved
    • Lara “Pays The Price”
      • Lara caused the death of her best friend in a drunk driving accident. The judge saw photos of her drinking. She got 2 years in jail.
      ©Copyright 2011 All rights Reserved
    • ©Copyright 2011 All rights Reserved A Few Horror Stories: How Employees Caused Their Employers Other Problems
      • Two employees in Conover, NC filmed themselves doing “disgusting” things to food that they claimed was going out to customers and posted it on YouTube. The 2 employees were identified, fired and arrested.
      Public Relations Nightmares ©Copyright 2011 All rights Reserved
    • Public Relations Nightmares
      • An employee took a bath in the burger chain's sink. Someone filmed it and posted the video to MySpace. Local Health Department authorities were not amused.
      ©Copyright 2011 All rights Reserved
    • Using The Internet Can Be Risky
      • It can directly violate state and federal laws
      • It can be evidence of other violations
      ©Copyright 2011 All rights Reserved
    • Using The Internet Can Be Risky
      • State and federal computer crimes laws
      • Common law invasion of privacy (or other torts)
      • Fair Credit Reporting Act
      • Stored Communications Act
      • Wiretap Act
      • Title VII and other discrimination laws
      • GINA
      • NLRA
      ©Copyright 2011 All rights Reserved
    • Computer Crimes
      • The Fulton County Schools Policy says:
      ©Copyright 2011 All rights Reserved “ Failure to follow these guidelines can violate the Official Code of Georgia, OCGA, Codes 16-9-90, 16-9-91, 16-9-92, and 16-9-93, as well as United States Public Law 106-554, known as the Children's Internet Protection Act. Such actions can also lead to disciplinary actions, up to and including termination of employment or contract with FCS and criminal prosecution.”
    • State Privacy-Related Tort Claims
      • Key to tort expectation is proof of expectation of privacy
      • Establishment of a policy regarding use of company-owned devices is critical
      ©Copyright 2011 All rights Reserved
    • State Privacy-Related Tort Claims
      • State laws may require notice of monitoring
      • Tort action for violation of privacy rights
        • Intrusion into privacy of another
        • Appropriation of one’s name or likeness
        • Wrongful publication of private facts
        • False light publicity
      ©Copyright 2011 All rights Reserved
      • Employees set up password-protected blog to complain about management. It contained confidential information.
      • Employer asked employee with access to give up her password.
      • Management took action against employees based on the blog content and employees sued.
      • Jury found for employees
      • Pietrylo, et al. v. Hillstone Restaurant Group d/b/a Houston’s
      Privacy Violations ©Copyright 2011 All rights Reserved
    • Stored Communications Act
      • Federal statute that prohibits intentional, unauthorized access to private electronic communications such as Facebook or Hotmail
      • Creates privacy expectation in private electronic communications
      ©Copyright 2011 All rights Reserved
    • Stored Communications Act
      • Pure Power Bootcamp
        • Employer logged into Hotmail account employee had used during work hours and on work computer
        • Employee left username and password filed on computer
        • Court found violation of SCA
      ©Copyright 2011 All rights Reserved
    • Wiretap Act
      • Exceptions
        • Prior consent
        • Business extension
        • Provider interception
      • Penalties
        • Felony punishable by fine and/or imprisonment
        • Civil cause of action
      ©Copyright 2011 All rights Reserved
    • Evidence In A Title VII Case
      • Manager wrote:
        • “ What’s wrong with women these days?”
        • “ Chicks seem to have more issues these days than Jet Magazine and keep up more drama than daytime TV and Jerry Springer combined.”
      • Plaintiff used comments to show discriminatory animus
      • Derrick v. Met. Gov’t. of Nashville & Davidson
      ©Copyright 2011 All rights Reserved
    • Possible Title VII Violations Race Marital Status Religion Political Views ©Copyright 2011 All rights Reserved
    • Other Forms of Discrimination Age Familial Responsibility Sexual Orientation ©Copyright 2011 All rights Reserved
    • GINA
      • Prohibits
      • Discrimination
      • Acquisition
        • Final regulations specifically prohibit systematic internet searches that might acquire genetic info
      • Disclosure
      • Derrick v. Met. Gov’t. of Nashville & Davidson
      ©Copyright 2011 All rights Reserved
      • Discipline may be inappropriate if employees are engaging in protected activity, such as
        • Sharing information about their pay
        • Complaining about employer policies or managers
        • Displaying union-related insignias/logos
        • Expressing support for a union
        • Attempting to organize a union
      NLRA Protects Employees Engaged In “Protected Concerted Activities” ©Copyright 2011 All rights Reserved
      • An unfair labor practice was filed against a bus company alleging the company maintained and enforced an overbroad communication policy.
      • The policy included:
        • Confidentiality provision
        • Disparagement provision
        • Prohibition on disruption of workplace
        • Prohibition on making demeaning/derogatory statements about company, employees, or customers
      NLRB’s Protections Student Transportation Of America ©Copyright 2011 All rights Reserved
      • NRLB Advice Memorandum of December 4, 2009: Sears Holdings
      • “ Carefully drafted” social media policy does not violate employees’ rights (under the National Labor Relations Act)
      NLRB’s 2009 Stance On Employers’ Social Media Policies ©Copyright 2011 All rights Reserved
      • Facebook Case
        • An employee was fired for:
          • Calling her boss a “scumbag” and
          • Writing “love how the Company allows a 17 year old to be a supervisor”
        • NLRB issued a complaint on October 27,2010
        • American Medical Response of Connecticut
      NLRB’s Current Stance On Employers’ Social Media Policies ©Copyright 2011 All rights Reserved
      • Facebook Case
        • Settled February 7, 2011
        • Employer agreed to:
          • Revise its Internet policy to allow employees to discuss wages, hours and working conditions
          • Not discipline employees for engaging in such discussions
          • Pay victim
        • American Medical Response of Connecticut (October 27, 2010)
      NLRB’s Current Stance On Employers’ Social Media Policies ©Copyright 2011 All rights Reserved
    • ©Copyright 2011 All rights Reserved
      • Requires employer to revise:
      • Blogging & Internet Posting Policy
      • Standards of Conduct rules
      • Solicitation and Distribution Policy
      • May be expanded by the current Labor Board
      • Examples
        • Using the employer’s e-mail system
        • Asking for a witness in investigatory interviews
        • Expressing “disloyalty”
        • Attempts to get customer support of employee causes
      NLRB Protections For Employees ©Copyright 2011 All rights Reserved
      • Freedom of speech, limited to matters of public concern
      • Right to be free from unlawful search and seizure
      • Due process rights
      • Property rights in their jobs
      • Georgia Fair Dismissal Act
      Special Rules Apply To Public Employers ©Copyright 2011 All rights Reserved
    • Ashley Payne From Barrow County http://www.youtube.com/watch?v=4DDPeHxVaos ©Copyright 2011 All rights Reserved
    • Unions Are Using Social Media ©Copyright 2011 All rights Reserved
    • Unions Are Using Social Media ©Copyright 2011 All rights Reserved
    • Unions Are Using Social Media ©Copyright 2011 All rights Reserved
    • Practical Guidelines
      • Many different laws apply
      • Be real: expect employees to use these sites
      • Beware what you learn: ignorance can be helpful
      • Limit searches to “professional” sites
      • Be consistent
      • Publish your policies
      • Train your legal representatives
      • Educate employees
      • Monitor the web about your company
      • Follow new developments
      ©Copyright 2011 All rights Reserved
    • Policy on Social Networking Sites
      • Remind employees:
        • online sites are in the public domain
        • off-duty actions can result in discharge
        • be respectful
        • use privacy controls
        • productivity counts
      • Require compliance with existing policies
      • Prohibit defamation and fraud
      • Prohibit references to customers
      • Ban use of protected logos or trademarks
      • Require employees to use disclaimers
      ©Copyright 2011 All rights Reserved
    • Other Related Policies
      • EEO & No Harassment
      • Medical Information
      • Electronic Communications
      • Confidential Information & Trade Secrets
      • Cell Phones
      • Use of Blackberries or PDAs
      ©Copyright 2011 All rights Reserved
    • Tips For Managers
      • Don’t become “friends” with employees
      • Don’t reveal anything you wouldn’t say or post in public
      • Don’t engage in fraud (“fake” friend requests or passwords)
      • Use privacy controls to manage flow of information
      • Web content can be false
      • Read what you sign in those “disclaimers”
      ©Copyright 2011 All rights Reserved
    • Follow New Developments
      • AMR Facebook case
      • Ontario, Cal. V. Quon, June 17, 2010
        • U.S. Supreme Court gives public employers the right to search an employee’s text messages for reasonable cause.
      ©Copyright 2011 All rights Reserved
    • What’s Coca-Cola Doing? ©Copyright 2011 All rights Reserved
    • Final Questions? D. Albert Brannen Phone: (404) 240-4235 Email: dabrannen@laborlawyers.com Presented by: