S ocial Media                                     In                                     The                              ...
Ques tionBrenda is a disgruntled employee. Her boss John is new to Telecom industry anddoes not have a clue. And he is con...
Probably Not!•   It is unlawful to discharge employees who use a social network platform to engage    in discussions, with...
There’s a Law for That•   The Nation Labor Relations Act – It Applies to Unionized and Non-Unionized    Workplaces.     – ...
Its Not A ll B ad NewsThe protections afforded employees aresomewhat narrow in scope. The employee mustbe engaged in “conc...
What A bout A S ocial MediaPolicy?•   You can and should have a social media policy.•   You can proscribe certain conduct ...
Ques tionMichelle sells her services online. Since her business is new sheis actively soliciting testimonials for her work...
Business | Employment | Internet | Privacy | Information Security
Truth-In-A dvertis ing“If there’s a connection between the endorserand the marketer of the product that wouldaffect how pe...
There’s A Law For That TooFederal Trade Commission Act says:2.You cannot engage in deceptive or misleading practices.(Sect...
When Do the Rules A pply?If you:•Provide free products or other perks•Either individually or as part of a network marketin...
How to Dis clos e• Name the marketer.• Identify the “compensation.”• Proximate placement.  Business | Employment | Interne...
A ddres s ing E ndors ements inYour C ompany’s S ocial MediaPolicy? paid endorsers need to disclose their relationship wit...
Ques tionsHayden Creque2008 11th Street N, Sartell MN 56377P 320.247.3439E hayden@crequelaw.comhttp://crequelaw.comTwitter...
Upcoming SlideShare
Loading in...5
×

Social Media in The Workplace

163

Published on

Hayden Creque made this presentation in December 2011 to the St. Cloud Chamber’s NEXT group.

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
163
On Slideshare
0
From Embeds
0
Number of Embeds
1
Actions
Shares
0
Downloads
0
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Social Media in The Workplace

  1. 1. S ocial Media In The Next – S t. Cloud December 2011 WorkplaceBusiness | Employment | Internet | Privacy | Information Security Business | Employment | Internet | Privacy | Information Security
  2. 2. Ques tionBrenda is a disgruntled employee. Her boss John is new to Telecom industry anddoes not have a clue. And he is condescending to her and other employees when atwork. Brenda is an avid user of Facebook. She is connected to several otheremployees at the company. She vents frequently to her Facebook friends. Recently,she made the following post:“I do not understand it, John is a bonehead. He treats me and other employees likecrap– frequently talking down to us. I cannot believe the company hired him. I thinkit is time for me and others who have shared their concerns with me to approachJohn’s boss about his lack of knowledge and approach. I cannot work for this man andat this company much longer under these conditions. John has to improve.”Can John fire Brenda? Business | Employment | Internet | Privacy | Information Security
  3. 3. Probably Not!• It is unlawful to discharge employees who use a social network platform to engage in discussions, with other employees, related to working conditions.• An employee’s criticism of supervisory actions, where they reflect several employees’ concerns, is protected. – Discussions may be protected even when it includes related name-calling, criticisms, sarcasm, and swearing. – An alleged employee defamatory statement, about a company or supervisor, may be protected. The statement only loses protected status if it is maliciously false.• It is illegal for an employer to threaten to sue an employee engaged in a protected activity even when the employer has a reasonable basis for potential legal action. Business | Employment | Internet | Privacy | Information Security
  4. 4. There’s a Law for That• The Nation Labor Relations Act – It Applies to Unionized and Non-Unionized Workplaces. – Section 7, is the heart of the NLRA. It defines protected activity. Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid and protection. – Section 8 defines employer unfair labor practices. •Five types of conduct are made illegal: – Employer interference, restraint, or coercion directed against union or collective activity (Section 8(a)(1)) – Employer domination of unions (Section 8(a)(2)) – Employer discrimination against employees who take part in union or collective activities (Section 8(a)(3)) – Employer retaliation for filing unfair-labor-practice charges or cooperating with the NLRB (Section 8(a)(4)) – Employer refusal to bargain in good faith with union representatives (Section 8(a)(5)) Business | Employment | Internet | Privacy | Information Security
  5. 5. Its Not A ll B ad NewsThe protections afforded employees aresomewhat narrow in scope. The employee mustbe engaged in “concerted activity”. Remarks made for an employees personal amusement, and individual gripes are not protected conduct. Thus, you can discipline for such acts. Business | Employment | Internet | Privacy | Information Security
  6. 6. What A bout A S ocial MediaPolicy?• You can and should have a social media policy.• You can proscribe certain conduct in its social media policies. But beware blanket statements like : 1) a proscription against employees posting pictures of themselves, which depict the company in any way; and 2) prohibitions on disparaging comments, inappropriate discussions, and use of generally offensive language.• In short, the policy cannot be too broad. Consider minimally a so called “catchall” provision: “Notwithstanding the foregoing, nothing in this policy shall be construed to limit, in any way, your rights under any applicable federal, state or local laws.” Business | Employment | Internet | Privacy | Information Security
  7. 7. Ques tionMichelle sells her services online. Since her business is new sheis actively soliciting testimonials for her work in exchange for 4hours of free services. She then posts these testimonials to herLinkedIn Profile, website and Facebook pages and she includesexcerpts in here advertising.What are the issues raised? Business | Employment | Internet | Privacy | Information Security
  8. 8. Business | Employment | Internet | Privacy | Information Security
  9. 9. Truth-In-A dvertis ing“If there’s a connection between the endorserand the marketer of the product that wouldaffect how people evaluate the endorsement, itshould be disclosed.” Business | Employment | Internet | Privacy | Information Security
  10. 10. There’s A Law For That TooFederal Trade Commission Act says:2.You cannot engage in deceptive or misleading practices.(Section 5 of the FTC Act -15 U.S.C. 45)3.An act or practice is deceptive if it misleads “a significantminority” of consumers.Endorsement and Testimonial Guidelines. (16 CFR Part 255)Guidelines for advertising sets a truth-in-advertising bar. Business | Employment | Internet | Privacy | Information Security
  11. 11. When Do the Rules A pply?If you:•Provide free products or other perks•Either individually or as part of a network marketing programs“Compensation” is about more than money:•In-kind services•Free products•Perks•Gifts Business | Employment | Internet | Privacy | Information Security
  12. 12. How to Dis clos e• Name the marketer.• Identify the “compensation.”• Proximate placement. Business | Employment | Internet | Privacy | Information Security
  13. 13. A ddres s ing E ndors ements inYour C ompany’s S ocial MediaPolicy? paid endorsers need to disclose their relationship with the• Employees like company.• Your policy should advise that whether it’s a Facebook like or a product testimonial the employee needs to disclose that they work for your company.• Provide simple instructions for disclosures: “My name is ________, I work for ___________ the manufacturer or this product.” Also instruct the employee about appropriate proximate placement. Business | Employment | Internet | Privacy | Information Security
  14. 14. Ques tionsHayden Creque2008 11th Street N, Sartell MN 56377P 320.247.3439E hayden@crequelaw.comhttp://crequelaw.comTwitter: @haydencreque Business | Employment | Internet | Privacy | Information Security

×