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#397: Social Media and the Workplace: Legal, Ethical and Practical Issues..."


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This course was presented by Amy Wong, Esq., at the AAO 2012, Chicago. This presentation examines social media as it relates to the employee/employer relationship. Topics include adverse employment decisions and the intersection of federal and state laws.

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#397: Social Media and the Workplace: Legal, Ethical and Practical Issues..."

  1. 1. Social Media and Medical Practices Legal and Practical Issues Every Employer Should Consider #a ao COME & SEE
  2. 2. legal disclaimerThis presentation is for information purposes only and is NOT legaladvice.You should NOT rely on the information for any legal purpose. Youshould consult your attorney with any questions.Maryland Medical Enterprises, LLC disclaims all liability with respect toany actions taken based on the content of this presentation. www.medicalmarketingenterprises.comMME LLC
  3. 3. about me passionate attorney by qualification, educator by calling, entrepreneur by interestAmy Wong, Esq.Medical Marketing I am a wife, mom to two, and step-mom to three Enterprises, LLC I train, coach and strategize with medical practices across the country to enable them to create personable, sustainable relationships within their communities. MME LLC
  4. 4. agenda What is What is Reputation Reputation Employment Employment social social Thank You Thank You Management Management Policies Policies media? media? Recruiting Recruiting Discipline Discipline Questions Questions and Hiring and Hiring www.medicalmarketingenterprises.comMME LLC
  5. 5. SOCIAL MEDIA Promoting community in social networks
  6. 6. what is social media Simply put….it’s the way we communicate over technology. Why use social media? Branding Word of Mouth Advertising Provide Information Reputation Management www.medicalmarketingenterprises.comMME LLC
  7. 7. what is social mediaFacebook I love to give presentations.Twitter Speaking at #AAOFour Square I’m atYouTube Watch my presentationPinterest Here’s a slideshowLinkedIn My skills includeGoogle+ I’m an attorney/consultant www.medicalmarketingenterprises.comMME LLC
  8. 8. facebook growth analysis 1.01 Billion total account 800 Million active accounts 2.7 Billion likes per day$ 3.71 Billion$ 3.71 Billion revenue (2011) revenue (2011) 600 Million people a month use mobile application Facebook. www.medicalmarketingenterprises.comMME LLC
  9. 9. twitter growth analysis 500 Million total account 140 Million active account 340 Million twitts per day$ 150 Million$ 150 Million men are more revenue (2011) revenue (2011) active than women 100 Million 50 Million www.medicalmarketingenterprises.comMME LLC
  10. 10. Health Care Compliance Association and Society of Corporate Compliance and Ethics, May 2011 * 42% of employers disciplined employeesfor activities of FB, Twitter or LinkedIn. * 31% have adopted social media policiesthat dictate the use of social media. (work andnon-work hours) www.medicalmarketingenterprises.comMME LLC
  11. 11. twitter posts from September 2012“My boss told me to stop what I was doing, take 5minutes and go to the bathroom and fix my hair.”“Me and my boss were talking about getting drunk. LoL”“I hate it when I’m eavesdropping on my boss’s convowith the art director and suddenly he speaks Cantonese”“When I got to work, my boss had sex with me then gaveme a promotion” www.medicalmarketingenterprises.comMME LLC
  12. 12. twitter posts from September 2012 “I’m not sure this overtime pay is worth this bullshit. Medsurg patients with no tech or help suck” www.medicalmarketingenterprises.comMME LLC
  13. 13. employer concerns when using social media or disciplining employee’s for their use of social media platforms National Labor Relations National Labor Relations State Laws State Laws Act Act Federal Laws Federal Laws Federal Trade Federal Trade EEOC EEOC Commission Commission www.medicalmarketingenterprises.comMME LLC
  14. 14. Recruiting & Hiring
  15. 15. keep your candidate research LEGAL Interview: Gender and Race evident, but….. Sexual Sexual Disability Disability Religion Religion Age Age Orientation Orientation . Once you review a candidate’s online profile…courts willassume you are aware of their “protected characteristics” www.medicalmarketingenterprises.comMME LLC
  16. 16. tips for use of social media Your Your Timing Timing Wait until you have Practice profile states Practice Practice “Equal Opportunity Employer” Identical Identical met with candidate Public Public Searches Searches Same search on each Profiles Profiles candidate Neutral Neutral Off Duty Off Duty Party to Party to Conduct Know your state laws! Conduct Research Not decision maker Research Print and save Training Training Don’t assume screen shots if your managers using information are not using www.medicalmarketingenterprises.comMME LLC social media
  17. 17. Reputation Listen“Character is like a tree and reputation like its shadow. The shadow is what we think of it - the real thing is the tree.” Abraham Lincoln
  18. 18. reputation management Listen Listen Claim Your Claim Your Create a Create a Space Space Channel Channel Monitor Monitor ! Respond Respond Thoughtfully Thoughtfully Engage Engage www.medicalmarketingenterprises.comMME LLC
  19. 19. When?Discipline How?
  20. 20. Scenario #1Amy, a receptionist, at Practice ABC reallylikes FB and Twitter. She designed and nowmaintains ABC’s FB and Twitter page. Hermanager told her they look great, but thepractice is busy enough and doesn’t reallyneed the exposure. Amy continues to maintainthe web pages.Concerns? www.medicalmarketingenterprises.comMME LLC
  21. 21. Scenario # 2You own ABC optical shop and are having acustomer appreciation day. Your employees workon commission. You purchase chips, hot dogs, fruit,water and cookies for the event. During a staffplanning meeting your employees tell you they arenot happy with the quality of the food choices for theevent. After the meeting they continue thediscussion and worry how this could impact thepotential turn-out.After the event, an employee tells the group he willpost pictures with comments on his Facebook wall. www.medicalmarketingenterprises.comMME LLC
  22. 22. Scenario # 2The employee makes the following FB posting:“I’m happy to see that ABC Optical has gone allout for our customer appreciation day byproviding small bags of chips, inexpensivecookies, semi-fresh fruit, and a hot dog cartwhere customers could get overcooked hotdogs and stale buns.” www.medicalmarketingenterprises.comMME LLC
  23. 23. Scenario # 2ABC Optical had the following employmentpolicy:“Employees at ABC Optical are “at will”, whichmeans they may be terminated at any time forany reason, with or without advance notice.” www.medicalmarketingenterprises.comMME LLC
  24. 24. Scenario #2“Courtesy is the responsibility of everyemployee. Everyone is expected to becourteous, polite and friendly to our customers,vendors and suppliers, as well as to their fellowemployees. No one should be disrespectful oruse of profanity or any other language whichinjures the image or reputation of theDealership.” www.medicalmarketingenterprises.comMME LLC
  25. 25. National Labor Relations Act (NLRA)-Violated Section 7 of the NLRA-Employees are allowed to make statementsthat relate to working conditions.Be careful of language that limits an employee’sright to make “damaging or disrespectful”postings. www.medicalmarketingenterprises.comMME LLC
  26. 26. National Labor Relations Act (NLRA)Language that “reasonably tends to chillemployees in their exercise of their Section7 rights[,]” which provides employees withthe right to engage in concerted activity.” www.medicalmarketingenterprises.comMME LLC
  27. 27. National Labor Relations Board National Labor Relations Act 55Board Members Board Members Created in 1935 Created in 1935 Section 7 Section 7 Remedies Remedies • “Employees shall have the right to self- organization, to form, join, or assist labor • Quasi Judicial Body organizations, to bargain collectively through • Back Pay representatives of their own choosing, and to • Cases heard by engage in other concerted activities for the • Reinstatement administrative law purpose of collective bargaining or other judges mutual aid or protection, and shall also have • Postings the right to refrain from any or all such activities.” - www.medicalmarketingenterprises.comMME LLC
  28. 28. SOCIAL MEDIA Employment Policies
  29. 29. National Labor Relations Act (NLRA)Employees were required to sign anacknowledgement form indicating“I further agree that the at-will employmentrelationship cannot be amended, modified, oraltered in any way.” www.medicalmarketingenterprises.comMME LLC
  30. 30. National Labor Relations Act (NLRA)“Offensive, demeaning, abusive orinappropriate remarks are as out ofplace online as they are offline,even if they are unintentional.  Weexpect you to abide by the samestandards of behavior both in theworkplace and in your social mediacommunications.” www.medicalmarketingenterprises.comMME LLC
  31. 31. National Labor Relations Act (NLRA)This provision is overly broad and includesa range of communications that wouldinclude protected criticisms of the laborpolicies.  www.medicalmarketingenterprises.comMME LLC
  32. 32. National Labor Relations Act (NLRA)  Prohibited “discriminatory, defamatory, or harassing web entries about specific employees, workenvironment, or work-related issues on social media sites.” www.medicalmarketingenterprises.comMME LLC
  33. 33. National Labor Relations Act (NLRA)   “Don’t use the company’s logo or trademarks.” www.medicalmarketingenterprises.comMME LLC
  34. 34. National Labor Relations Act (NLRA) “Don’t release confidential . . . company information”  www.medicalmarketingenterprises.comMME LLC
  35. 35. National Labor Relations Act (NLRA)  Employee prohibited from “disclosing or communicating information of a confidential,sensitive, or non-public information concerningthe company on or through company property to anyone outside the company without prior approval of senior management or the law department.” www.medicalmarketingenterprises.comMME LLC
  36. 36. National Labor Relations Act (NLRA) “If you engage in a discussion related to [Employer] . . . you must be sure that your posts are completely accurate and not misleading.” www.medicalmarketingenterprises.comMME LLC
  38. 38. Handouts and Evaluations• Use the Mobile Meeting Guide to access handouts and evaluations for courses, sessions and the Joint Meeting. – Scan the QR Code (right) or go to – Use the search filters to locate a course. – Select the “View Handout” icon to view or save to your device. – Select the “Evaluation” icon and complete the evaluation online.• Use the Mobile Meeting Guide to access handouts and evaluations for courses, sessions and the Joint Meeting. – Scan the QR Code (right) or go to. – Use the search filters to locate a course. – Select the “View Handout” icon to view or save to your device. – Select the “Evaluation” icon and complete the evaluation online.
  39. 39. THANK YOU!
  40. 40. Contact Information 7726 Bradley Blvd., Bethesda, MD 20817 +1(301) www.medicalmarketingenterprises.comMME LLC