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Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
Organizational Impact of Social Media
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 | 2015 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 #UIMKTG
  • 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 ‣ Copyright ‣ Contests ‣ Disclosures ‣ Defamation
  • 13. Photo via Flickr user Horia Varlan
  • 14. Copyright Highlights ‣ Protects Creative Work, Intellectual Property ‣ Individual — Life + 70 years public domain ‣ Corporations & “Work for Hire” — 95 years ‣ Fair Use — Excerpting creative work; no fair use if you use it for commercial purposes
  • 15. Blogger Beware
  • 16. Safe Image Sources ‣ Stock Photos — iStock, Big Stock, stock.xchng ‣ Creative Commons — Watch Crediting ‣ Take Your Own! ‣ NOT Google Image Search
  • 17. 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
  • 18. Copyright Your Work ‣ Example: Copyright Nick Westergaard 2014; 
 or Copr. Nick Westergaard 2014; 
 or © Nick Westergaard 2014. ‣ More information: http://www.copyright.gov/ ‣ The biggest benefit? Protection! You can sue if needed.
  • 19. Photo via Flickr user Dicemanic Contests, Sweepstakes, 
 & Giveaways
  • 20. Quick Contest Tips ‣ Avoid lotteries (Illegal!) — Can’t require purchases for game of chance. “No purchase necessary” (contact info only) protects you. ‣ Use contests based on skill rather than games of chance. Be clear on eligibility and state rules clearly. Explain clearly how winner will be chosen. ‣ Get release/consent from entrants up front to use winners’ names and likenesses for promotion ‣ If the retail value of the prize is $600 or more, the sponsor must send the winner an IRS 1099 form at the end of the tax year. Source: kerrygorgone.com
  • 21. Disclose Everything 
 (Even Online) Photo via Flickr user Steve Snodgrass
  • 22. “ – kerry o’shea gorgone, attorney/marketingprofs DISCLOSE A RELATIONSHIP anytime there’s a connection that’s not immediately apparent to the reader.”
  • 23. The 4 Ps of Disclosure: ‣ Placement – Place disclosures near the claim they’re qualifying. ‣ Proximity – Users shouldn’t have to scroll or zoom to see disclosure. ‣ Prominence – Make it pop. ‣ Presentation Order – Make it “unavoidable” that consumers see disclosure before they can “Add to Shopping Cart.” Source: kerrygorgone.com
  • 24. ADT’s Lack of Disclosure 
 = Paid Endorsements to the FTC
  • 25. FTC & ADT Home Security Fallout ‣ Prohibits ADT from misrepresenting that any discussion or demonstration of a security or monitoring product or service is an independent review provided by an impartial expert; ‣ Requires ADT to clearly and prominently disclose, in connection with the advertising of a home security or monitoring product or service, a material connection, if one exists, between an endorser and the company; and ‣ Requires the company to promptly remove reviews and endorsements that have been misrepresented as independently provided by an impartial expert or that fail to disclose a material connection between ADT and an endorser. ‣ Each violation of this order could result in a $16,000 fine. Source: kerrygorgone.com
  • 26. When In Doubt, Disclose
  • 27. Defamation Definition Photo via Flickr user eflon
  • 28. 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?
  • 29. 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”
  • 30. 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
  • 31. 3 Human Resources 
 + Social Media
  • 32. Why HR Needs in the Loop on Social Media ‣ Recruiting Talent ‣ Monitoring Impact Factors That Affect Hiring ‣ Monitoring Talent & Competition ‣ Policy Creation
  • 33. Social Recruiting Photo via Flickr user betsyweber
  • 34. Monitoring Impact Factors Photo via Flickr user spettacolopuro
  • 35. Monitoring Competition Photo via Flickr user psflannery
  • 36. 4 Your Employees
 + Social Media
  • 37. 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
  • 38. “Regular Employees” Matter Source: Edelman Trust Barometer (2014)
  • 39. Fostering Social Collaboration
  • 40. Employee Communication
  • 41. 5 Social Media 
 Policy 101
  • 42. Only 33% of companies have a social media policy Source: Grant Thornton
  • 43. Nearly 25% of companies with social media policies haven’t updated them in 18 months! Source: Grant Thornton
  • 44. “Laws Are Lagging Behind the Technology ...” – Dara Quackenbush @dquack Photo via Flickr user wwarby
  • 45. 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
  • 46. 2000 RECENT
 KEY RULINGS
  • 47. 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)
  • 48. 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!
  • 49. MARYLAND Passes the first law protecting employees’ social media profiles and passwords 
 — 25 other states follow suit; federal law is in the works. 2012
  • 50. NLRB UPHOLDS FIRING of car salesman for mocking an accident at a neighboring car dealer on Facebook. Ruling? Employers can discipline workers for this type of speech. 2012
  • 51. 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.
  • 52. 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.
  • 53. Policy Should Include ‣ Philosophy & goals ‣ Transparency ‣ Common sense ‣ Confidential/proprietary guidelines ‣ Consequences ‣ Escalation rules ‣ Expectations during/outside work hours ‣ Examples/best practices
  • 54. 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
  • 55. Policy Tip — Add Phrase: “Online & Offline ...”
  • 56. 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 financial advice in response to someone’s problems on Twitter
  • 57. Policy: “Be Smart” Photo via Flickr user theritters
  • 58. Policy Depends on Business & Industry Photo via Flickr user Cupcakes & Dreams
  • 59. 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.
  • 60. Clear Enforcement Photo via Flickr user Manu_H
  • 61. 6 In Conclusion
  • 62. 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
  • 63. nick westergaard | branddrivendigital.com | 2015 BRAND DRIVEN digital Questions? blog: branddrivendigital.com podcast: onbrandpodcast.com
 twitter: @nickwestergaard

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