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

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

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.

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 disclaimer This presentation is for information purposes only and is NOT legal advice. You should NOT rely on the information for any legal purpose. You should consult your attorney with any questions. Maryland Medical Enterprises, LLC disclaims all liability with respect to any actions taken based on the content of this presentation. www.medicalmarketingenterprises.com MME LLC
  3. 3. about me passionate attorney by qualification, educator by calling, entrepreneur by interest Amy 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. www.medicalmarketingenterprises.com 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.com MME 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.com MME LLC
  7. 7. what is social media Facebook I love to give presentations. Twitter Speaking at #AAO Four Square I’m at YouTube Watch my presentation Pinterest Here’s a slideshow LinkedIn My skills include Google+ I’m an attorney/consultant www.medicalmarketingenterprises.com MME 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.com MME 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.com MME LLC
  10. 10. Health Care Compliance Association and Society of Corporate Compliance and Ethics, May 2011 * 42% of employers disciplined employees for activities of FB, Twitter or LinkedIn. * 31% have adopted social media policies that dictate the use of social media. (work and non-work hours) www.medicalmarketingenterprises.com MME LLC
  11. 11. twitter posts from September 2012 “My boss told me to stop what I was doing, take 5 minutes 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 convo with the art director and suddenly he speaks Cantonese” “When I got to work, my boss had sex with me then gave me a promotion” www.medicalmarketingenterprises.com MME 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.com MME 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.com MME 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 will assume you are aware of their “protected characteristics” www.medicalmarketingenterprises.com MME 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.com MME 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.com MME LLC
  19. 19. When? Discipline How?
  20. 20. Scenario #1 Amy, a receptionist, at Practice ABC really likes FB and Twitter. She designed and now maintains ABC’s FB and Twitter page. Her manager told her they look great, but the practice is busy enough and doesn’t really need the exposure. Amy continues to maintain the web pages. Concerns? www.medicalmarketingenterprises.com MME LLC
  21. 21. Scenario # 2 You own ABC optical shop and are having a customer appreciation day. Your employees work on commission. You purchase chips, hot dogs, fruit, water and cookies for the event. During a staff planning meeting your employees tell you they are not happy with the quality of the food choices for the event. After the meeting they continue the discussion and worry how this could impact the potential turn-out. After the event, an employee tells the group he will post pictures with comments on his Facebook wall. www.medicalmarketingenterprises.com MME LLC
  22. 22. Scenario # 2 The employee makes the following FB posting: “I’m happy to see that ABC Optical has gone all out for our customer appreciation day by providing small bags of chips, inexpensive cookies, semi-fresh fruit, and a hot dog cart where customers could get overcooked hot dogs and stale buns.” www.medicalmarketingenterprises.com MME LLC
  23. 23. Scenario # 2 ABC Optical had the following employment policy: “Employees at ABC Optical are “at will”, which means they may be terminated at any time for any reason, with or without advance notice.” www.medicalmarketingenterprises.com MME LLC
  24. 24. Scenario #2 “Courtesy is the responsibility of every employee. Everyone is expected to be courteous, polite and friendly to our customers, vendors and suppliers, as well as to their fellow employees. No one should be disrespectful or use of profanity or any other language which injures the image or reputation of the Dealership.” www.medicalmarketingenterprises.com MME LLC
  25. 25. National Labor Relations Act (NLRA) -Violated Section 7 of the NLRA -Employees are allowed to make statements that relate to working conditions. Be careful of language that limits an employee’s right to make “damaging or disrespectful” postings. www.medicalmarketingenterprises.com MME LLC
  26. 26. National Labor Relations Act (NLRA) Language that “reasonably tends to chill employees in their exercise of their Section 7 rights[,]” which provides employees with the right to engage in concerted activity.” www.medicalmarketingenterprises.com MME 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.com MME LLC
  28. 28. SOCIAL MEDIA Employment Policies
  29. 29. National Labor Relations Act (NLRA) Employees were required to sign an acknowledgement form indicating “I further agree that the at-will employment relationship cannot be amended, modified, or altered in any way.” www.medicalmarketingenterprises.com MME LLC
  30. 30. National Labor Relations Act (NLRA) “Offensive, demeaning, abusive or inappropriate remarks are as out of place online as they are offline, even if they are unintentional.  We expect you to abide by the same standards of behavior both in the workplace and in your social media communications.” www.medicalmarketingenterprises.com MME LLC
  31. 31. National Labor Relations Act (NLRA) This provision is overly broad and includes a range of communications that would include protected criticisms of the labor policies.  www.medicalmarketingenterprises.com MME LLC
  32. 32. National Labor Relations Act (NLRA)  Prohibited “discriminatory, defamatory, or harassing web entries about specific employees, work environment, or work-related issues on social media sites.” www.medicalmarketingenterprises.com MME LLC
  33. 33. National Labor Relations Act (NLRA)   “Don’t use the company’s logo or trademarks.” www.medicalmarketingenterprises.com MME LLC
  34. 34. National Labor Relations Act (NLRA) “Don’t release confidential . . . company information”  www.medicalmarketingenterprises.com MME LLC
  35. 35. National Labor Relations Act (NLRA)  Employee prohibited from “disclosing or communicating information of a confidential, sensitive, or non-public information concerning the company on or through company property to anyone outside the company without prior approval of senior management or the law department.” www.medicalmarketingenterprises.com MME 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.com MME LLC
  37. 37. QUESTIONS ANSWERS
  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 www.aao.org/mo. www.aao.org/mo – 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.com amy@medicalmarketingenterprises.com www.twitter.com/AmyWong_ www.facebook.com/ www.medicalmarketingenterprises.com MME LLC

Editor's Notes

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