Protecting Your Business and Employees: Crafting Beneficial Social Media Policies

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Protecting Your Business and Employees: Crafting Beneficial Social Media Policies

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Protecting Your Business and Employees: Crafting Beneficial Social Media Policies

  1. 1. Protecting Your Business and Employees: How to Create Beneficial Social Media Policies www.TheKellerLawFirm.com Presented By: Kelley Clements Keller, Esq.
  2. 2. The Constitution and Creativity  U.S. Constitution – Article 1, Sec. 8, Cl. 8  “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries”  What does this mean today? www.TheKellerLawFirm.com * Images may be subject to copyright by a third party.
  3. 3. What is a Beneficial Policy?  Creating Beneficial Social Media Policies  Beneficial = helpful in the meeting of needs (www.dictionary.com)  Policy = a definite course of action (www.dictionary.com) www.TheKellerLawFirm.com * Images may be subject to copyright by a third party.
  4. 4. The “Why” and “How”  Creating Beneficial Social Media Policies  Why Do We Need Them?  How Do We Craft Them?  How Do We Manage Them? www.TheKellerLawFirm.com * Images may be subject to copyright by a third party.
  5. 5. Why Do We Need Them?  Why Do We Need Beneficial Social Media Policies?  It’s the Wild West and the Sheriff is Nowhere To Be Found  Volatile  Uncertain  Chaotic  Ambiguous www.TheKellerLawFirm.com * Images may be subject to copyright by a third party.
  6. 6. Why Do We Need Them?  Why Do We Need Beneficial Social Media Policies?  Mismanaged Social Media Activity is Risky Business  Collateral Damage: Legal; Financial; Personnel/HR  The GlassDoor.com Problem  The Social Media Identity Crisis: Whose Information Is It? www.TheKellerLawFirm.com * Images may be subject to copyright by a third party.
  7. 7. Why Do We Need Them?  Why Do We Need Beneficial Social Media Policies?  Opportunity for Increased Employee Loyalty and Morale  The “Zone of Fairness” Allows for Meaningful Engagements  Decreased Frustration and Confusion in the Workplace  Mitigate Against Future Disputes  Foster Creativity Through Clear Boundaries Without Unreasonable Restrictions www.TheKellerLawFirm.com * Images may be subject to copyright by a third party.
  8. 8. How Do We Create Them?  How Do We Craft Beneficial Social Media Policies?  Plan  Create  Execute www.TheKellerLawFirm.com * Images may be subject to copyright by a third party.
  9. 9. The Process: Plan  How Do We Craft Beneficial Social Media Policies?  Plan  Understand that No Standards for Best Practices Exist  No Model Rules  No Legal Precedent  Fast Moving Technologies www.TheKellerLawFirm.com * Images may be subject to copyright by a third party.
  10. 10. The Process: Plan Cont’d  How Do We Craft Beneficial Social Media Policies?  Plan  Identify the Strategic Goals Social Media is to Accomplish for Your Business/Company  Engage Key Stakeholders  Determine Clear Outcomes www.TheKellerLawFirm.com * Images may be subject to copyright by a third party.
  11. 11. The Process: Plan Cont’d  How Do We Craft Beneficial Social Media Policies?  Plan  Determine Who is Responsible for Creating and Enforcing Your Policy : Legal? HR?  Establish Rewards for Employee Compliance and Consequences for Noncompliance www.TheKellerLawFirm.com * Images may be subject to copyright by a third party.
  12. 12. The Process: Create  How Do We Craft Beneficial Social Media Policies?  Create  Establish the Elements of the Policy  Who Owns What?, e.g. Followers, Handles, Content • The PhoneDog Debacle  Develop a Monitoring Policy  Analytics to Measure ROI  Internal and External Communications www.TheKellerLawFirm.com * Images may be subject to copyright by a third party.
  13. 13. The Process: Create Cont’d  How Do We Craft Beneficial Social Media Policies?  Create  When Something is Unclear or Uncertain, Go Back to the Basics  Same Principles as Employment and Labor Law  National Labor Relations Act (NLRA) Section 7 • Protected “Chatter” and Concerted Activities  Policy Restrictions are Being Debated By the National Labor Relations Board (NLRB) www.TheKellerLawFirm.com * Images may be subject to copyright by a third party.
  14. 14. The Process: Create Cont’d  How Do We Craft Beneficial Social Media Policies?  Create  Ensure the Policy Maximizes Political Economy  Well-Run Organization: • Efficient • Growth Trajectory • Managing Risk Rather Than Reacting to Crisis www.TheKellerLawFirm.com * Images may be subject to copyright by a third party.
  15. 15. The Process: Execute How Do We Craft Beneficial Social Media Policies?  Execute  Ensure Compliance  Compliance With Terms and Conditions of Platforms • Stay Abreast of Changes • Create A Culture of “Playing By the Rules”  Employee Compliance With Firm’s Social Media Policy • Avoid Liability for Copyright or Trademark Infringement • Steer Clear of Harassment and Discrimination www.TheKellerLawFirm.com * Images may be subject to copyright by a third party.
  16. 16. Workshop: OFF, Inc.  Putting It Into Action  Organic French Fries, Inc.  Identify Stakeholder’s Interests  Develop Statement of Strategic Goals www.TheKellerLawFirm.com * Images may be subject to copyright by a third party.
  17. 17. Workshop: OFF, Inc.  Organic French Fries, Inc. Company Overview:  Young Company with 26 Employees  Organic Potatoes Fried in Coconut Oil with Special Seasoning  Special Seasoning – Proprietary Blend  Multiple Distribution Channels, e.g. Retail Outlets  Considering Franchise Options  Quality Control  Cause-Related Marketing – Broaden Charitable Base  Increase Donation from 2¢ to 5¢ to Assist Small Organic Farmers  In-House IT; Web Development; Comptroller  Outside Marketing and Legal Counsel www.TheKellerLawFirm.com
  18. 18. Thank You! www.TheKellerLawFirm.com Kelley Clements Keller, Esq. (717) 386-5035 kkeller@thekellerlawfirm.com @KelleyKeller /TheKellerLawFirmLLC /KelleyKeller

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