Social Media and HR Riding the Roller Coaster

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Social Media goes beyond Facebook and Linked In. In this session we will look at how the social media …

Social Media goes beyond Facebook and Linked In. In this session we will look at how the social media
tool kit (e.g. Twitter, Ning groups, YouTube, Wikis, StumbleUpon) are not only changing the way that
companies attract and retain employees but also compressing the intersection between marketing and human
resources. Rapidly changing technology requires HR professionals to understand how policies can protect the
organization’s reputation and limit liability.

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  • 1. Riding the Social Media Roller Coaster Deborah Mourey, Mourey Associates Michelle Pedzich, HR Works Prepared for:
  • 2. AGENDA • A Brave New World • A Diverse Toolkit • Best Practices • The Law and Social Media Collide • Protecting Your Company HR Works, Inc. and Mourey Associates are not engaged in rendering legal services. If legal advice is required, the services of a competent labor attorney should be sought.
  • 3. SOCIAL MEDIA IS… Many people talking to many, and being able to do so when they want where they want how they want… Deloitte Touche, LLP
  • 4. LISTENING TO A LEADER http://www.youtube .com/watch?v=JE3 _va3K6Jc
  • 5. CROSS DEPARTMENTAL COOP • HR – Hiring, Employee Relations • Marketing • IT • Customer Service • Product Development
  • 6. MOBILE SOCIAL USE BY AGE
  • 7. SOCIAL NOTWORKING (MOBILE!)
  • 8. SOCIAL MEDIA POLICY “I’ve never been on Twitter or Facebook, but I have to write a social media policy for my company.”
  • 9. Linked In = Office Facebook = Backyard Barbeque Twitter = Cocktail Party
  • 10. FACEBOOK REACHES 500 M USERS
  • 11. TWITTER: REAL TIME. REAL INFO. http://twitter.com/dmourey
  • 12. YAMMER- INTERNAL TWITTER “Nationwide’s Yammer site grew to over 8500 associates and agents in under 10 months and more importantly, it got more than 40% of the company’s top leadership into the Nationwide Social Network.” Chief Tech Officer, Nationwide Insurance https://www.yammer.com/ about/case_studies#natio nwide-story
  • 13. A DIVERSE TOOLKIT • Listening Tools – Google Alert • Glass Door/Jobvent - Ratings • Wikis • Ning Groups • YouTube/Podcasts • Foursquare / Gowalla - Location
  • 14. http://www.jobvent.com/macys-job- reviews-C292
  • 15. http://www.glassdoor.com/index.htm
  • 16. WIKI EXAMPLE WIKIS
  • 17. NING GROUP NING GROUPS
  • 18. BEST PRACTICE- SODEXO 21
  • 19. BEST PRACTICE - BERTELSMANN
  • 20. BEST PRACTICE BAYER BUSINESS CONSULTING 2,000 FANS
  • 21. TAKE ACTION
  • 22. COMPLIANCE ISSUES TO CONSIDER
  • 23. HR AND SOCIAL MEDIA The Upside: The Downside: • Recruitment • Compliance in • Knowledge Management Recruiting • Research and Compliance • Employee Productivity Information • Networking • Employee misuse • Community Service - Disclosure • Training confidential • Transparency information - Public Relations/ Reputation issues
  • 24. THE LAW & SOCIAL MEDIA COLLIDE • Harassment/Discrimination • Public vs. Restricted Sites • Background Checks/FCRA • Unfair Labor Practices • Lawful Off-Duty Conduct
  • 25. HARASSMENT & DISCRIMINATION Instantaneous communication = Little or no Filter “It’s funny that if a guy talks to a girl at work they can file sexual harassment but if girl talks to a guy its $3.95 per min. Not fair” “Let’s see what happen at work today…co-worker broke down crying twice, man who keeps stealing came back accusing manager of harassment”
  • 26. HARASSMENT & DISCRIMINATION Protected Class • Applicant’s drug use • Disability • Poor work ethic • National Origin • Poor written communication • Religion skills • Military or Veteran Status • Tendency to support racist • Sexual Orientation groups • Predisposing Genetic • Sex/Gender Characteristics/Genetic • Age Information • Race
  • 27. THE PERFECT CANDIDATE?
  • 28. LAWFUL OFF-DUTY CONDUCT Section 201-d of the NY Labor Code prohibits discrimination against engagement in certain lawful activities… …certain political or recreational activities, consuming alcohol or smoking tobacco, etc.
  • 29. PUBLICLY ACCESSIBLE SITES VERSUS RESTRICTED SITES Moreno v. Hanford Sentinel, Inc. (CA, 2009) - Posted “An Ode to Coalinga” on her MySpace Profile - Contained extremely negative comments about the town - Local newspaper published it - Family received death threats and moved out of town - Sued based on “unreasonable disclosure of private facts” - Outcome: Case dismissed, her “potential audience was vast”
  • 30. EMPLOYEE PRIVACY ISSUES • Stored Communications Act Prohibits unauthorized access to electronic communications stored on a third party site. Consent is not a defense if the manager’s demand is considered coercive. • Pietrylvo vs. Hillstone’s Restaurant Group dba Houston’s (NJ 2009)
  • 31. UNFAIR LABOR PRACTICES • National Labor Relations Act & Railway Labor Act • Discussing terms of conditions of employment protected under the NLRA (an existing union is not required) • Konop versus Hawaiian Airlines, 2002
  • 32. BACKGROUND CHECKS & THE FCRA Fair Credit Reporting Act (FCRA) - Disclosure requirements - Search results furnished by third parties might be “consumer reports” and search sites might be “consumer reporting agency” under FCRA
  • 33. To Google or Not to Google? • Screen Consistently • Neutral Party Conducts Search • Use Social Media After Initial In-person • Consult Legal Counsel
  • 34. To Friend or Not to Friend? • Managers Not “Friend” Subordinates • Employee May Reject Friend Request Without Repercussion • Don’t Friend Applicants
  • 35. LINKED IN RECOMMENDATIONS • Prohibit all? • Prohibit LinkedIn recommendations by anyone who has formally evaluated • Permit LinkedIn recommendations only of former employees who voluntarily left the organization Source: Littler Group, Privacy and Data Protection Practice Group Blog, Posted 9/8/09
  • 36. SOCIAL MEDIA POLICIES • Set Clear Expectations • Impact Other Policies (Technology, Harassment, Ethics, Confidentiality) • Enforce Policies • Consistency is Key!
  • 37. Provide Training • Include in Orientation • Supervisor Awareness is Key • Explain Social Media Impact • Communicate Reporting Structure Issues & Concerns
  • 38. Questions? Deborah Mourey, Principal Mourey Associates dmourey2@rochester.rr.com Michelle Pedzich, SPHR, Director of Compliance, HR Works, Inc. pedzich@hrworks-inc.com www.hrworks-inc.com