Organizational Impact of Social Media

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Organizational Impact of Social Media

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How Social Media Impacts Human Resources, Legal, and the Role of Policy and Enterprise Services

How Social Media Impacts Human Resources, Legal, and the Role of Policy and Enterprise Services

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  • 1. nick westergaard | branddrivendigital.com | 2014 BRAND DRIVEN digital The Organizational Impact of Social Media How Social Media Impacts Human Resources, Legal, and the Role of Policy and Enterprise Services
  • 2. Conversation Reminder @NickWestergaard
  • 3. Beyond Social Media Marketing: Organizational Impact ‣ Recap: Everyone’s a Marketer ‣ Legal + Social Media ‣ Human Resources + Social Media ‣ Your Employees + Social Media ‣ Policy 101 ‣ Collaboration Tools for Enterprise Social Media
  • 4. 1 Everyone’s a Marketer
  • 5. Photo via Flickr user Wayne Large Everyone’s a Marketer
  • 6. Photo via Flickr user zeuxis.pixelsurgery
  • 7. The Biggest Obstacles to Internal Social Media Adoption ‣ Time ‣ Talent ‣ Terror
  • 8. HR, Legal, & IT Photo via Flickr user Manuela
  • 9. TRUST time, talent, & terror are opportunities to build
  • 10. Collaboration Is Key!
  • 11. 2 Legal + 
 Social Media
  • 12. Why Legal Needs in the Loop on Social Media ‣ Defamation ‣ Copyright ‣ Exposure/Terms of Service ‣ Policy Creation
  • 13. Defamation Definition Photo via Flickr user eflon
  • 14. 5 Tests of Libel ‣ Defamation — Exposing someone to hatred? ‣ Publication — Was it broadcast? ‣ Identification — Was the person singled out? ‣ Negligence — If a public figure, you have to prove malice on the part of the defamer ‣ Damages — Will the person incur damages?
  • 15. 3 Defenses of Libel ‣ Truth — You can’t argue with it ‣ Privilege — Reporters can report things ‣ Fair Comment/Criticism — “I have my right to my opinion”
  • 16. Horizon Group vs. Bonnen ‣ The Offending Tweet from Horizon Tenant Amanda Bonnen: “You should just come anyway. Who said sleeping in a moldy apartment was bad for you. Horizon realty thinks it’s ok.” ‣ The Suit: Horizon Realty sues for $50,000 for alleged libel. ‣ The Decision: Judge dismissed the case for not meeting the test of libel
  • 17. Photo via Flickr user Horia Varlan
  • 18. Copyright Highlights ‣ Protects Creative Work, Intellectual Property ‣ Individual — Life + 70 years public domain ‣ Corporations — 95 years ‣ Fair Use — Excerpting creative work; no fair use if you use it for commercial purposes
  • 19. Copyright Tips & Tricks ‣ Creative Commons is safest for blog pics ‣ Facebook myth — You still own what you post but by posting you give Facebook the right to use it commercially ‣ Always cite work and link back to source material ‣ Who owns content? The company NOT the employee
  • 20. 3 Human Resources 
 + Social Media
  • 21. Why HR Needs in the Loop on Social Media ‣ Recruiting Talent ‣ Monitoring Impact Factors That Affect Hiring ‣ Monitoring Talent & Competition ‣ Policy Creation
  • 22. Social Recruiting Photo via Flickr user betsyweber
  • 23. Monitoring Impact Factors Photo via Flickr user spettacolopuro
  • 24. Monitoring Competition Photo via Flickr user psflannery
  • 25. 4 Your Employees
 + Social Media
  • 26. Employees’ Opportunities in a Social Organization ‣ Brand Ambassadors — Encourage a culture of engagement ‣ Internal Collaboration via social tools like Chatter and Yammer ‣ Fostered Through Sound Policy
  • 27. “Regular Employees” Matter Source: Edelman Trust Barometer (2012)
  • 28. Social Media Matters More Source: Edelman Trust Barometer (2012)
  • 29. Enterprise Tools Foster Internal Social Collaboration
  • 30. Employee Communication
  • 31. 5 Social Media 
 Policy 101
  • 32. Only 33% of companies have a social media policy Source: Grant Thornton
  • 33. Nearly 25% of companies with social media policies haven’t updated them in 18 months! Source: Grant Thornton
  • 34. “Laws Are Lagging Behind the Technology ...” – Dara Quackenbush @dquack Photo via Flickr user wwarby
  • 35. National Labor Relations Act 
 Is 80 Years Old But … ‣ Protects employees social updates about work (“My boss is a jerk” = protected) ‣ Used by the NLRB to rule on social policies at companies ‣ Workers fired have been reinstated and compensated for lost wages
  • 36. 2000 RECENT
 KEY RULINGS
  • 37. 2009 RAIN CITY CONTRACTORS NLRB’s first move to protect workers’ social media rights — a construction contractor reinstated workers fired for griping in a YouTube clip about unsafe work conditions. (NLRA lets workers talk about conditions)
  • 38. 2011 AMERICAN MEDICAL RESPONSE —The first Facebook firing. An employee was fired for calling her supervisor a “d#%k” and “scumbag” on Facebook. AMR settled. YOU’RE FIRED!
  • 39. MARYLAND Passes the first law protecting employees’ social media profiles and passwords 
 — 25 other states follow suit; federal law is in the works. 2012
  • 40. NLRB UPHOLDS FIRING of car salesman for mocking an accident at a neighboring car dealer on Facebook. Ruling? Employers can displcipine workers for this type of speech. 2012
  • 41. 2013 NEW YORK CITY DEPT OF EDUCATION —Appeals court ruled the DOE couldn’t fire a teacher who wrote on Facebook that she hated her students, calling them “devil’s spawn.” Ruling? Post was intended for friends — considered “private venting” — lesser penalty.
  • 42. Common Policy Mistakes to Avoid ‣ Going “Too Broad” with Restrictions — Helps to include examples of what is permissible. ‣ Muting Whistleblowers — Your employees can talk to the media and federal agencies; don’t need manager’s approval, etc. ‣ Friending Subordinates — Rise in cases from employees’ noting a boss taking action after seeing/ reacting to a social update.
  • 43. Policy Should Include ‣ Philosophy & goals ‣ Transparency ‣ Common sense ‣ Confidential/proprietary guidelines ‣ Consequences ‣ Escalation rules ‣ Expectations during/outside work hours ‣ Examples/best practices
  • 44. Policy Tips & Tricks ‣ Social policy shouldn’t replace your code of conduct or handbook ‣ Shouldn’t be a detailed dictionary for use of every social network on the planet — Hit the high points ‣ Be prescriptive — Again, examples! ‣ Outline consequences & who’s responsible
  • 45. Privileged Information vs. Professional Advice ‣ Privileged — Hospital can’t respond to complaint about bill on Facebook as doing so acknowledges they were a patient ‣ Professional — Accountant can’t dispense legal advice in response to someone’s problems on Twitter
  • 46. Policy Tip — Add Phrase: “Online & Offline ...”
  • 47. Policy: “Be Smart” Photo via Flickr user theritters
  • 48. Policy Depends on Business & Industry Photo via Flickr user Cupcakes & Dreams
  • 49. The Challenges Posed 
 by Regulated Industries ‣ Examples – Financial Services, Pharmaceuticals, 
 and Law ‣ What’s in a Like? Many financial firms view ‘likes’ as endorsements of specific financial products. ‣ Adverse Effects — Pharma can’t tweet about their product and the disease it helps without carrying the lengthy disclaimer on possible side effects. ‣ Digital or Die. Many are evolving. Slowly.
  • 50. Clear Enforcement Photo via Flickr user Manu_H
  • 51. 6 In Conclusion
  • 52. Final Thoughts ‣ Lead discussions with other departments — educate both ways ‣ Empower your employees enterprise-wide ‣ No BS: Trust everyone, but have a policy that deals with those who cannot or do not comply
  • 53. nick westergaard | branddrivendigital.com | summer–fall 2013 BRAND DRIVEN digital nick westergaard | branddrivendigital.com | summer–fall 2013 BRAND DRIVEN digital nick westergaard | branddrivendigital.com | 2014 BRAND DRIVEN digital nick westergaard | branddrivendigital.com | 2014 BRAND DRIVEN digital Questions?! blog: branddrivendigital.com podcast: worktalkshow.com
 twitter: @nickwestergaard