PowerPoint slides from general session of the Grow Revenue: Get Online and Boost Sales Restaurant Education Series event hosted by the Ohio Restaurant Association for their members. Speakers included Jarrod Clabaugh of the Ohio Restaurant Association and Jaime Kolligian of Kastner Westman and Wilkins.
This document discusses social media use policies and issues related to social media use in the workplace. It provides statistics showing that many employers do not have social media policies and it is easy for companies' reputations to be damaged on social media. It then discusses several legal issues and cases related to social media use, disciplinary actions, discrimination, harassment, monitoring employees' social media use, and recommendations for developing appropriate social media policies.
Social Media in the Workplace and BeyondAlexNemiroff
This document summarizes key legal issues related to social media use in the workplace. It discusses what constitutes social media, how much time employees spend on social media sites during work hours, and both employee and employer views on social media monitoring. It outlines legal risks for employers, such as negligent hiring, discrimination, and reputational harm. It also discusses constraints on employee discipline related to social media use and privacy issues concerning employee monitoring.
Is employer monitoring of employee email justifiedParker Donat
Employers are generally allowed to monitor employee email and internet usage according to most laws. While employees may see email as private, courts have ruled that there is no reasonable expectation of privacy for communications sent over company systems. Employers have a responsibility to prevent illegal, discriminatory or offensive content from being transmitted or accessed at work. However, some argue this level of monitoring infringes on employee privacy in the age of work-from-home flexibility and blurring lines between personal and work life.
The research upon which this William Fry report is based was undertaken by Amárach Research.
Two separate surveys were conducted, one among employers and one among employees of organisations operating in Ireland and of a size of 50 employees or more. A range of questions relating to social media in the workplace were asked of both groups to allow for an employer and employee perspective to be captured. A total of 200 employers were surveyed via telephone interviews and 500 employees were interviewed online. All interviewing was conducted in February 2013.
More details from William Fry: www.williamfry.ie
The New Frontier: How Employers Can Respond to Employee Use of Technology and...Kelly Hart & Hallman LLP
The document provides an overview of key legal issues employers should consider regarding employee use of technology and social media. It discusses limitations on an employer's ability to monitor electronic communications and discipline employees for social media posts. The document also outlines how to draft policies to protect confidential information while avoiding chilling employees' rights. Ten key subjects for employers to address in technology and social media policies are identified.
William Fry Social Media In The Workplace A Report On Irish Businesses May 2013Krishna De
Social media in the workplace - a report based on research in Ireland conducted in early 2013 by the employment law division of WilliamFry.ie. Access the press release for the report here http://bgn.bz/wfsmr
I have uploaded the report here in the event that the link changes on the William Fry website as it is a helpful report for all HR professionals and senior leaders in Ireland.
Employee Privacy from the point of view of the employer:
-What employers can and cannot monitor, review, and access in regards to their employees
-Workplace searches
-Electronic monitoring
Employee Privacy from the point of view of the employee:
-What employers should be doing to protect the privacy of their employees
-Proper recordkeeping
-Prevention of ID theft in the workplace
After the presentation, Brittany will take questions from webinar attendees during a Q&A session.
This webinar was posted on December 1, 2011 and presented by Brittany Cullison.
This document discusses social media use policies and issues related to social media use in the workplace. It provides statistics showing that many employers do not have social media policies and it is easy for companies' reputations to be damaged on social media. It then discusses several legal issues and cases related to social media use, disciplinary actions, discrimination, harassment, monitoring employees' social media use, and recommendations for developing appropriate social media policies.
Social Media in the Workplace and BeyondAlexNemiroff
This document summarizes key legal issues related to social media use in the workplace. It discusses what constitutes social media, how much time employees spend on social media sites during work hours, and both employee and employer views on social media monitoring. It outlines legal risks for employers, such as negligent hiring, discrimination, and reputational harm. It also discusses constraints on employee discipline related to social media use and privacy issues concerning employee monitoring.
Is employer monitoring of employee email justifiedParker Donat
Employers are generally allowed to monitor employee email and internet usage according to most laws. While employees may see email as private, courts have ruled that there is no reasonable expectation of privacy for communications sent over company systems. Employers have a responsibility to prevent illegal, discriminatory or offensive content from being transmitted or accessed at work. However, some argue this level of monitoring infringes on employee privacy in the age of work-from-home flexibility and blurring lines between personal and work life.
The research upon which this William Fry report is based was undertaken by Amárach Research.
Two separate surveys were conducted, one among employers and one among employees of organisations operating in Ireland and of a size of 50 employees or more. A range of questions relating to social media in the workplace were asked of both groups to allow for an employer and employee perspective to be captured. A total of 200 employers were surveyed via telephone interviews and 500 employees were interviewed online. All interviewing was conducted in February 2013.
More details from William Fry: www.williamfry.ie
The New Frontier: How Employers Can Respond to Employee Use of Technology and...Kelly Hart & Hallman LLP
The document provides an overview of key legal issues employers should consider regarding employee use of technology and social media. It discusses limitations on an employer's ability to monitor electronic communications and discipline employees for social media posts. The document also outlines how to draft policies to protect confidential information while avoiding chilling employees' rights. Ten key subjects for employers to address in technology and social media policies are identified.
William Fry Social Media In The Workplace A Report On Irish Businesses May 2013Krishna De
Social media in the workplace - a report based on research in Ireland conducted in early 2013 by the employment law division of WilliamFry.ie. Access the press release for the report here http://bgn.bz/wfsmr
I have uploaded the report here in the event that the link changes on the William Fry website as it is a helpful report for all HR professionals and senior leaders in Ireland.
Employee Privacy from the point of view of the employer:
-What employers can and cannot monitor, review, and access in regards to their employees
-Workplace searches
-Electronic monitoring
Employee Privacy from the point of view of the employee:
-What employers should be doing to protect the privacy of their employees
-Proper recordkeeping
-Prevention of ID theft in the workplace
After the presentation, Brittany will take questions from webinar attendees during a Q&A session.
This webinar was posted on December 1, 2011 and presented by Brittany Cullison.
Important legal developments have made it clear that failing to train employees on sexual harassment can result in employer liability and financial risk. Two landmark Supreme Court cases in 1998 established that employers are responsible for manager actions and must take steps to prevent harassment through reporting mechanisms and regular training. While some states mandate sexual harassment training, providing training for all employees and managers is a best practice, as it can help employers establish an affirmative defense if claims arise and reduce liability costs.
SM Impact and Ethics in Workplace_Atansuyi, Kostak and Manhanga_073012_FINALJohn Kostak
This document discusses the impact of social media on employee terminations and the related ethical considerations. It provides examples of cases where employees were fired for negative social media posts about their employers or coworkers. It explores the challenges faced by governments and companies regarding employee rights and privacy in the digital age. Laws and policies around employment contracts, privacy, and freedom of speech are examined. The conclusion considers how ethics could help define appropriate boundaries for both employees and employers regarding social media use.
Energy Audit Retrofit Contract Legalities PittfallsAmy Shriner
This document discusses legal issues related to social media use by employers and employees. It outlines various risks including damage to reputation, liability, disclosure of confidential information, and disputes over ownership of social media accounts. The document also examines potential legal claims involving discrimination, privacy concerns, National Labor Relations Act issues, and intellectual property. It emphasizes the importance of preserving social media evidence and complying with industry regulations regarding document retention.
Dmytro talked on an OSAC quarterly meeting and explained legal background for monitoring of employees correspondence, phone calls, spy after employees. He compared Ukrainian legislation and rare Ukrainian enforcement experience with US laws and court practice.
Certain workplace behavior policies might seem entirely reasonable to have in your employee manual. But reasonableness is in the eye of the beholder, and if the beholder is the National Labor Relations Board, seeing eye-to-eye may require some adjustment. One such behavior policy centers on employees discussing their wages among themselves. Here's what you need to know.
Social Media: Critical Issues for Employersdsalmeida
The document provides an overview of critical issues related to social media and employment. It discusses the rise of social media and how employers can and do use sites like Facebook, Twitter, and LinkedIn. However, employee use of social media also presents potential issues for employers like breach of confidentiality, defamation, and inappropriate content. The document recommends employers develop social media policies to address these issues and regulate employee use both during and after work hours. It also discusses legal considerations around monitoring employee online activities and disciplining employees for any policy violations.
The National Labor Relations Act protects employees' rights to engage in concerted activities like union organizing and collective bargaining. It prohibits employers from taking adverse action against employees to discourage union membership. However, employees can still be fired for conduct that interferes with customer relations or harms a company's reputation. The General Counsel alleged that terminating an employee for complaining about their supervisor on Facebook violated these protections for concerted activities. The case was settled in February 2011.
Social media background checks policy developmentMike McCarty
Social Media has exploded in recent years and employers realize that social media background checks should be an important part of their hiring process. However, this can be a legal minefield. Join Safe Hiring Solutions CEO and attorney Steve Koers for a look at social media background checks policy development.
Social media, staff policy and law legalAdam Lewis
This document discusses social media use in the workplace and related legal issues. It begins by defining social media and listing popular platforms. It then notes that many employees access social media during work hours, costing companies productivity. The document outlines employee and employer perspectives on social media monitoring and discusses legal risks employers face, such as negligent hiring, discrimination, and reputational harm. It provides guidance on developing social media policies and monitoring employee online activities while respecting privacy and labor laws.
Social Media for Employers: Tips and GuidanceDavid Kight
This document provides an overview of social media issues for employers. It discusses how social media activity is increasingly being used in litigation and how the National Labor Relations Board is aggressively protecting employee social media rights. The document outlines examples of cases involving social media posts by employees that were both lawful and unlawful bases for termination. It also provides guidance on drafting appropriate social media policies for employees and complying with discovery requests regarding social media content.
The NLRB allows employees wide latitude to criticize their employers on social media as long as it relates to wages, hours, or working conditions. Even posts containing profanity or that disparage the employer may be protected. The NLRB considers electronic media the modern equivalent of water coolers and will scrutinize any discipline of employees for social media posts about labor disputes or conditions. However, posts of confidential business information unrelated to working conditions or intentionally false statements generally receive no protection. Employers must understand where to draw the line between protected criticism and inappropriate conduct to avoid unfair labor practice charges.
Social media & data protection policy v1.0 141112 Dave Shannon
Presentation presented to employees in a previous role. Unfortunately corporate identity has had to be removed, however content is still relevant to policies and legislation
What do you do if an employee posts negative comments online?
In today’s world of social media, it is virtually impossible to monitor all employee online communications.
Knowing how to perform social media triage – just in case – is vital to managing your restaurant’s online presence. Are you prepared for what to do before - to prevent it, during - to control it, and after - possible employee disciplinary actions? You won’t want to miss the important information in the second of our winter webinar series and the opportunity to ask the expert.
Managing Online Employee Behavior is our free, Restaurant Education Series (RES) webinar with subject matter expert Jaime Umerley Kolligan, J.D., of Kastner, Westman & Wilkins LLC, ORA Purveyor member.
You’ll learn …
• The NLRB stance on employer hiring / firing / discipline decisions based on social media posts
• Social media policies – do you need a policy?
• Cyber-harassment
• When conduct outside of the workplace is actionable
• Examples / Case studies of restaurant employee discipline and firing due to social media postings
This document discusses managing internet misuse in the workplace. It notes that over 25% of employers have fired employees for misuse of email and internet and over 50% have disciplined employees for violating email policies. It recommends that employers implement and publish internet and email use policies, monitor usage, and respond consistently to violations. The policies should restrict use to business communications, prohibit inappropriate content, and inform employees that there is no expectation of privacy on the company's systems.
Employee Misuse of Internet and BlogosphereKelly Savage
The document provides guidance to employers on managing risks associated with employee misuse of email, blogs, and the internet. It finds that over 25% of employers have fired workers for email misuse. The risks to employers include legal liability, loss of productivity, and harm to reputation. The document recommends that employers implement and enforce clear, written policies on appropriate technology use and monitor employee activity to prevent issues like sharing confidential information or engaging in discrimination. Employers are also advised to respond quickly to any inappropriate use discovered.
Take This Job And Tweet It Social Media PolicyMRDC1230
The document discusses best practices for employers in dealing with social media. It outlines the key statutes that apply, including the Electronic Communications Privacy Act, Stored Communications Act, and National Labor Relations Act. It then discusses common social media risks for employers like textual harassment and provides case examples. The document concludes with recommendations for developing social media policies and guidelines on use both during and after work, and considerations around enforcement and discipline.
Companies should be aware of increasing social media litigation and laws regarding topics like intellectual property, privacy, HR issues, and regulatory compliance. A study found that over half of UK businesses do not consider social media's legal risks a priority. This indicates a knowledge gap, as over 68% of respondents had little understanding of applicable social media laws. Companies must understand issues around content ownership, electronic discovery, privacy policies, and how social media impacts areas like endorsements, harassment, and discrimination. Regulators are enforcing policies around areas such as advertising, healthcare, and financial services on social media. Firms may need to re-evaluate their social media strategies in light of these legal risks and compliance issues.
Legal Aspects Relating to Social Media in the WorkplaceBrian Bluff
This presentation addresses legal issues companies must deal with when considering participating in social media. By Colin M. Leonard, Esq. of Bond, Schoeneck & King, PLLC.
Corporate culture refers to the beliefs and behaviors that govern how a company interacts internally and externally. It is important because a company's actions have wide-ranging impacts. Negative impacts of poor corporate culture include loss of trust, negative brand perception through word-of-mouth, and legal consequences like fraud charges that can economically impact shareholders, employees and markets. Upholding positive corporate culture through ethical practices is important socially and economically.
Creating a Dealership Social Media Policy With TeethJim Radogna
This document provides guidance on developing an effective social media policy to build a brand while avoiding legal issues. It discusses how social media policies should cover appropriate employee use, potential legal risks, and guidelines for using social media in hiring decisions. It also summarizes laws around discrimination, privacy, overtime pay, harassment, and prohibiting fake reviews or disclosing relationships with reviewers.
This document discusses developing a social media policy for the workplace. It begins by defining social media and some popular sites like Facebook, Twitter, and LinkedIn. It then covers potential issues with social media use at work like reduced productivity and privacy concerns. The document provides guidance on developing an appropriate policy, including establishing expectations for appropriate use, interactions with coworkers and clients, and handling confidential information. It stresses tailoring the policy to individual workplaces while addressing risks from both under-regulating and over-regulating social media use.
Important legal developments have made it clear that failing to train employees on sexual harassment can result in employer liability and financial risk. Two landmark Supreme Court cases in 1998 established that employers are responsible for manager actions and must take steps to prevent harassment through reporting mechanisms and regular training. While some states mandate sexual harassment training, providing training for all employees and managers is a best practice, as it can help employers establish an affirmative defense if claims arise and reduce liability costs.
SM Impact and Ethics in Workplace_Atansuyi, Kostak and Manhanga_073012_FINALJohn Kostak
This document discusses the impact of social media on employee terminations and the related ethical considerations. It provides examples of cases where employees were fired for negative social media posts about their employers or coworkers. It explores the challenges faced by governments and companies regarding employee rights and privacy in the digital age. Laws and policies around employment contracts, privacy, and freedom of speech are examined. The conclusion considers how ethics could help define appropriate boundaries for both employees and employers regarding social media use.
Energy Audit Retrofit Contract Legalities PittfallsAmy Shriner
This document discusses legal issues related to social media use by employers and employees. It outlines various risks including damage to reputation, liability, disclosure of confidential information, and disputes over ownership of social media accounts. The document also examines potential legal claims involving discrimination, privacy concerns, National Labor Relations Act issues, and intellectual property. It emphasizes the importance of preserving social media evidence and complying with industry regulations regarding document retention.
Dmytro talked on an OSAC quarterly meeting and explained legal background for monitoring of employees correspondence, phone calls, spy after employees. He compared Ukrainian legislation and rare Ukrainian enforcement experience with US laws and court practice.
Certain workplace behavior policies might seem entirely reasonable to have in your employee manual. But reasonableness is in the eye of the beholder, and if the beholder is the National Labor Relations Board, seeing eye-to-eye may require some adjustment. One such behavior policy centers on employees discussing their wages among themselves. Here's what you need to know.
Social Media: Critical Issues for Employersdsalmeida
The document provides an overview of critical issues related to social media and employment. It discusses the rise of social media and how employers can and do use sites like Facebook, Twitter, and LinkedIn. However, employee use of social media also presents potential issues for employers like breach of confidentiality, defamation, and inappropriate content. The document recommends employers develop social media policies to address these issues and regulate employee use both during and after work hours. It also discusses legal considerations around monitoring employee online activities and disciplining employees for any policy violations.
The National Labor Relations Act protects employees' rights to engage in concerted activities like union organizing and collective bargaining. It prohibits employers from taking adverse action against employees to discourage union membership. However, employees can still be fired for conduct that interferes with customer relations or harms a company's reputation. The General Counsel alleged that terminating an employee for complaining about their supervisor on Facebook violated these protections for concerted activities. The case was settled in February 2011.
Social media background checks policy developmentMike McCarty
Social Media has exploded in recent years and employers realize that social media background checks should be an important part of their hiring process. However, this can be a legal minefield. Join Safe Hiring Solutions CEO and attorney Steve Koers for a look at social media background checks policy development.
Social media, staff policy and law legalAdam Lewis
This document discusses social media use in the workplace and related legal issues. It begins by defining social media and listing popular platforms. It then notes that many employees access social media during work hours, costing companies productivity. The document outlines employee and employer perspectives on social media monitoring and discusses legal risks employers face, such as negligent hiring, discrimination, and reputational harm. It provides guidance on developing social media policies and monitoring employee online activities while respecting privacy and labor laws.
Social Media for Employers: Tips and GuidanceDavid Kight
This document provides an overview of social media issues for employers. It discusses how social media activity is increasingly being used in litigation and how the National Labor Relations Board is aggressively protecting employee social media rights. The document outlines examples of cases involving social media posts by employees that were both lawful and unlawful bases for termination. It also provides guidance on drafting appropriate social media policies for employees and complying with discovery requests regarding social media content.
The NLRB allows employees wide latitude to criticize their employers on social media as long as it relates to wages, hours, or working conditions. Even posts containing profanity or that disparage the employer may be protected. The NLRB considers electronic media the modern equivalent of water coolers and will scrutinize any discipline of employees for social media posts about labor disputes or conditions. However, posts of confidential business information unrelated to working conditions or intentionally false statements generally receive no protection. Employers must understand where to draw the line between protected criticism and inappropriate conduct to avoid unfair labor practice charges.
Social media & data protection policy v1.0 141112 Dave Shannon
Presentation presented to employees in a previous role. Unfortunately corporate identity has had to be removed, however content is still relevant to policies and legislation
What do you do if an employee posts negative comments online?
In today’s world of social media, it is virtually impossible to monitor all employee online communications.
Knowing how to perform social media triage – just in case – is vital to managing your restaurant’s online presence. Are you prepared for what to do before - to prevent it, during - to control it, and after - possible employee disciplinary actions? You won’t want to miss the important information in the second of our winter webinar series and the opportunity to ask the expert.
Managing Online Employee Behavior is our free, Restaurant Education Series (RES) webinar with subject matter expert Jaime Umerley Kolligan, J.D., of Kastner, Westman & Wilkins LLC, ORA Purveyor member.
You’ll learn …
• The NLRB stance on employer hiring / firing / discipline decisions based on social media posts
• Social media policies – do you need a policy?
• Cyber-harassment
• When conduct outside of the workplace is actionable
• Examples / Case studies of restaurant employee discipline and firing due to social media postings
This document discusses managing internet misuse in the workplace. It notes that over 25% of employers have fired employees for misuse of email and internet and over 50% have disciplined employees for violating email policies. It recommends that employers implement and publish internet and email use policies, monitor usage, and respond consistently to violations. The policies should restrict use to business communications, prohibit inappropriate content, and inform employees that there is no expectation of privacy on the company's systems.
Employee Misuse of Internet and BlogosphereKelly Savage
The document provides guidance to employers on managing risks associated with employee misuse of email, blogs, and the internet. It finds that over 25% of employers have fired workers for email misuse. The risks to employers include legal liability, loss of productivity, and harm to reputation. The document recommends that employers implement and enforce clear, written policies on appropriate technology use and monitor employee activity to prevent issues like sharing confidential information or engaging in discrimination. Employers are also advised to respond quickly to any inappropriate use discovered.
Take This Job And Tweet It Social Media PolicyMRDC1230
The document discusses best practices for employers in dealing with social media. It outlines the key statutes that apply, including the Electronic Communications Privacy Act, Stored Communications Act, and National Labor Relations Act. It then discusses common social media risks for employers like textual harassment and provides case examples. The document concludes with recommendations for developing social media policies and guidelines on use both during and after work, and considerations around enforcement and discipline.
Companies should be aware of increasing social media litigation and laws regarding topics like intellectual property, privacy, HR issues, and regulatory compliance. A study found that over half of UK businesses do not consider social media's legal risks a priority. This indicates a knowledge gap, as over 68% of respondents had little understanding of applicable social media laws. Companies must understand issues around content ownership, electronic discovery, privacy policies, and how social media impacts areas like endorsements, harassment, and discrimination. Regulators are enforcing policies around areas such as advertising, healthcare, and financial services on social media. Firms may need to re-evaluate their social media strategies in light of these legal risks and compliance issues.
Legal Aspects Relating to Social Media in the WorkplaceBrian Bluff
This presentation addresses legal issues companies must deal with when considering participating in social media. By Colin M. Leonard, Esq. of Bond, Schoeneck & King, PLLC.
Corporate culture refers to the beliefs and behaviors that govern how a company interacts internally and externally. It is important because a company's actions have wide-ranging impacts. Negative impacts of poor corporate culture include loss of trust, negative brand perception through word-of-mouth, and legal consequences like fraud charges that can economically impact shareholders, employees and markets. Upholding positive corporate culture through ethical practices is important socially and economically.
Creating a Dealership Social Media Policy With TeethJim Radogna
This document provides guidance on developing an effective social media policy to build a brand while avoiding legal issues. It discusses how social media policies should cover appropriate employee use, potential legal risks, and guidelines for using social media in hiring decisions. It also summarizes laws around discrimination, privacy, overtime pay, harassment, and prohibiting fake reviews or disclosing relationships with reviewers.
This document discusses developing a social media policy for the workplace. It begins by defining social media and some popular sites like Facebook, Twitter, and LinkedIn. It then covers potential issues with social media use at work like reduced productivity and privacy concerns. The document provides guidance on developing an appropriate policy, including establishing expectations for appropriate use, interactions with coworkers and clients, and handling confidential information. It stresses tailoring the policy to individual workplaces while addressing risks from both under-regulating and over-regulating social media use.
This document discusses managing social media in the workplace. It notes that most companies now have social media policies and around a third take disciplinary action when policies are violated. The challenges of restricting social media use, addressing personal devices at work, protecting contacts when employees leave, and determining when it's acceptable to fire someone for their social media activity are discussed. The legal implications of using social media in hiring decisions and accessing employee passwords are also covered. Best practices for drafting social media policies that don't restrict lawful employee communications are suggested.
A lawyer’s guide to the top 13 social media issuesAndres Baytelman
This document provides a summary of 13 common social media issues that employers may face. It discusses issues such as whether employers must monitor employee email, whether they can monitor personal email accessed at work, and whether they can monitor an employee's social media use. The document outlines relevant court cases and concludes that while employers can monitor work email and social media, they must be careful not to engage in surreptitious monitoring that could violate privacy laws. It also notes some states prohibit accessing electronic communications without authorization.
This document provides a summary of 13 common social media issues that employers may face. It discusses issues such as whether employers must monitor employee email, whether they can monitor personal email accessed at work, and whether they can monitor an employee's social media use. The document outlines relevant court cases and concludes that while employers can monitor work email and social media, they must be careful not to engage in surreptitious monitoring that could violate privacy laws. It also notes some states prohibit accessing electronic communications without authorization.
1984 in 2015 Protecting Employees' Social Media from MisuseWendi Lazar
This document discusses employers' increasing access to employees' personal information through social media and other online sources, and the legal issues surrounding employers using this information to make hiring, firing, and promotion decisions. It provides examples of employers denying a promotion due to social media photos, and firing an employee due to hobbies revealed online. While some laws prohibit discrimination, there is no comprehensive protection for employees' personal online activities. The document argues for stronger legal protections to prevent privacy violations and discrimination in the workplace.
22% of employees visit social networking sites 5 or more times per week, yet only 54% of employers have a policy dealing with social media inside and outside the workplace. During this presentation, participants will learn about potential legal issues involved in adopting a policy and how to avoid those issues. Sample provisions will be discussed and recommended actions addressed.
Presented by Jackson Lewis.
The document discusses the legal issues that arise from employee use of social media. It describes a scenario where an employee was fired for posts on her Facebook page disparaging her employer. While the employee claimed her rights were violated, the employer was unsure of its legal position. The document then summarizes the risks social media poses to employers, such as leaks of sensitive information or harassment. It analyzes the legal issues around monitoring employee communications and social media use, such as privacy laws and policies employers can implement.
Employees Privacy Issues And Legal RightsSaad Mazhar
This document discusses employee privacy issues and legal rights in the workplace. It covers several topics:
- Employers have the right to monitor employee computer and phone use, install surveillance cameras, and conduct drug/alcohol testing, but policies should be clear and employees informed.
- Employees have rights to privacy of personal information and possessions. Employers cannot disclose personal details without permission.
- Laws like the Americans with Disabilities Act and Age Discrimination in Employment Act protect employees from certain types of discrimination. The Fair Labor Standards Act governs work hours and wages.
- The document also outlines health and safety regulations employers must follow to ensure clean, ventilated, hygienic work environments for employees.
Social Media in the Workplace
Linky Trott
Abstract
There is no doubt that most businesses use social media and collaboration tools
such as social business software of some kind or another and embrace the
benefits that these can bring. In a 2009 a global Manpower survey, businesses
identified the main benefits of using social media as; brand building, fostering
collaboration and communication, as way of recruiting new talent, improving
employee engagement and driving innovation.
But there are also risks. This article examines the main legal risks that can arise
in the workplace as between a business and its workforce and considers how
the Courts and Tribunals are responding to social media issues arising in the
workplace.
Introduction
If a business has a concern about the use of social media, a blanket ban is
clearly an option. Whilst that may feel like the most simple approach, it is
unlikely to be practical. Even as far back as 2009, the Manpower survey
observed that “the younger generation consider social media tools as a
Biography
Linky Trott is a Partner at law firm, Edwin Coe. She provides day to day advice on a
comprehensive range of employment issues for established corporate clients including
the negotiation and provision of strategic advice on severance arrangements, bullying
and harassment claims, the management of ill health and capability dismissals, dealing
with allegations of discrimination, collective redundancies and Board disputes.
Linky also undertakes High Court injunctive work to enforce or resist post termination
restraints and the protection of confidential information. Working with Senior
Executives and Board Directors, Linky regularly advises and helps to negotiate terms
of Executive service agreements to include bonus schemes, guaranteed payments and
share options in regulated and non regulated industries. She has provided strategic
advice on a number of successful team moves within the communications and financial
sector acting for both the poaching competitor and the individuals being approached.
Linky also advises on data protection, commercial agents and the Conduct of
Employment Businesses and Employment Agency issues.
Linky sits on the Employment Committee of the Law Society and is Chair on the In and
Around Covent Garden Business Forum. She is also a member of the Employment
Lawyers Association, and has appeared on ITV and Channel 4 commenting on
Employment Law issues arising in the news and is a regular speaker at conferences on
employment issues.
Linky Trott
Partner
Edwin Coe
Keywords Risk, Rewards, Safeguards, Recruitment, Human Rights Act 1998
Paper type Opinion
23 Credit Control
Legal Aspects
prerequisite for doing business” and with generation Y having been in the
workplace for around ten years, it is unlikely that staff will tolerate a blanket ban.
Time wasters
Employers can of course monitor an employe.
The document summarizes key topics around developing sound social media policies for employers and preventing employee misuse, including:
- The prevalence and growth of social media use
- Common risks of social media for employers like improper hiring practices, disclosure of confidential information, and litigation issues
- Best practices for developing social media policies like prohibiting discriminatory comments, maintaining privacy, and monitoring post-employment social media use
Like it or not, social media has become the norm. Social Media sites such as Facebook, Twitter and LinkedIn, as well as other informationsharing sites and blogs have forever changed the way people communicate. Employers need to recognize that their employee's personal use of these social networking websites - whether or not the employer permits personal use of these websites at work - is rife with these potential employment issues and other legal exposures, such as potential claims or employee harassment, unfair labor practices and unauthorized disclosure of statutorily-protected information about the company, its customers and employees. This session will address how employers can avoid exposure arising from such risks and how employers need to protect themselves.
Stuart R. Buttrick, partner, Faegre Baker Daniels LLP
Joel Patrick Schroeder, associate, Faegre Baker Daniels LLP
Employers have the right to monitor employee communications to avoid legal issues and protect proprietary information. However, employees have an expectation of privacy that must be addressed in clear policies. These policies should explain the purpose of monitoring, specify which communication methods are subject to monitoring, and outline the steps that may be taken. Employers can generally monitor communications sent from company devices or related to company business. Bring-your-own-device policies also require clarification of privacy expectations to balance business and personal use. Developing strong, legally compliant policies helps employers monitor communications appropriately.
Social media - employer considerationsMalcolm York
The document summarizes a presentation given on employer considerations regarding social media use. It notes the benefits of social media use for businesses but also discusses key issues like employees acting inappropriately online or criticizing employers. It outlines legal risks around discrimination, confidential information, recruitment practices, and loss of productivity or reputation. The document recommends introducing a social media policy to clarify rules around social media use at work and disclaimers, and to avoid potential legal issues. It offers services from The Personnel Dept like providing social media policies or HR support.
Social Media: What's Not to Like About Social Media in the Workplace?Parsons Behle & Latimer
This document provides a summary of a presentation on social media in the workplace. It discusses both benefits and risks of social media use. On the benefits side, social media can help market and promote businesses, as an effective recruiting tool, and for networking opportunities. However, there are also downsides, such as being a drain on productivity, enabling harassment and discrimination, and risking disclosure of confidential information. The presentation then covers specific issues around using social media for screening tools, limiting disruptive employee behavior online, and preventing "sock puppetry" where employees pose as independent reviewers to promote their own company. It provides examples and guidance on how employers can address these issues legally and effectively.
The document discusses the moral and ethical issues involved in terminating an employee's employment, noting that employers must ensure all legal and ethical precautions have been taken before making the final decision to terminate in order to avoid potential consequences. It provides an example of an ethical dilemma regarding terminating an employee named John Sample and the issues he began experiencing in his personal life and work performance after two years on the job. Finally, it stresses that the decision to terminate an employee can impact current employee morale, so all alternatives should be exhausted before making the choice to terminate.
Social networking tools are used by advertisers and marketers, by human resources departments, and of course by job-seekers and employees.
For many companies, the question now is not whether to use social media in its business, but how.
And as with any new aspect of doing business, there are several potential pitfalls that a company must be aware of to avoid running into legal difficulties.
Similar to Grow Revenue: Get Online and Boost Sales Oct. 28, 2013 - Social Media in the Workplace (20)
Department of Labor's new Fair Labor Standards Act exemption rules and what do they mean for restaurants. What risks do they create and what should restaurants do about it.
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Listen to this high-energy presentation and open your mind to the philosophies, methodologies and technologies behind Inbound Marketing – a progressive form of marketing that meets this change in consumer behavior head on. Nate’s presentation has been designed to help you shift your mindset, while empowering you to begin the journey of using online content and marketing automation to capture customer attention, build trust and drive qualified customers deep into the purchase funnel.
We at the ORA understand that, if you have a liquor license, alcohol service is an important part of your business and especially at this time of the year. Therefore, it is important to know what will help ensure that your staff safely and responsibly serves alcohol to your guests.
Improper staff training may lead to workers’ compensation claims or worse, the loss of your liquor license or your business. The ORA is your resource for professional education, in this subject area and in many others. Register for this Nov. 18 webinar to learn from and have your questions answered by experts.
The ORA is proud to offer this important and to-the-point Restaurant Education Series webinar on the changes of group rating program of the Ohio BWC.
Do you have the information you need to be fully prepared for the upcoming BWC billing and group rating enrollment changes?
The ORA, CareWorks Consultants, Inc. and the Ohio BWC want you to be well-equipped for the upcoming changes and will provide an overview of the new BWC billing system structure, new group enrollment time frame and dates, and the reasoning behind transitioning to the new system during this RES webinar.
These slides as well as the video (see us on Vimeo.com) will answer your questions on this important issue. If you are a restaurateur in the State of Ohio, joining the ORA will give you access to staff who will be your resource on all issues vital to the food service industry.
This document provides instructions for participating in a webinar taking place on January 23, 2014 from 9:30-10:30 am. It lists how to open and close your panel, select audio, submit questions, and complete a post-webinar survey. Contact information is provided for Bren Cueni and Kammy Staton to address additional questions. Upcoming events are also advertised, such as webinars on human resources and safety as well as patents, and the North America Pizza & Ice Cream Show in Columbus in February.
Franchising is an important topic about which many ORA members inquire, which is why the ORA RES is teaming up with ActionCOACH’s David Roemer to lead an Aug. 6, 2014 webinar entitled “Franchising Your Restaurant.” Roemer has worked in the restaurant industry for over 34 years and possesses vast industry knowledge. He has assisted more than 50 business owners in helping them overcome their struggles to enjoy and celebrate their achievements as both a corporate trainer and franchising business coach.
Roemer will inform participants in great detail on what they need to do to get their businesses ready for franchising. This includes everything from being able to decide if franchising is right for them all the way to learning the various franchise models to the marketing and selling processes.
Franchising is an important topic about which many ORA members inquire, which is why the ORA RES is teaming up with ActionCOACH’s David Roemer to lead an Aug. 6, 2014 webinar entitled “Franchising Your Restaurant.” Roemer has worked in the restaurant industry for over 34 years and possesses vast industry knowledge. He has assisted more than 50 business owners in helping them overcome their struggles to enjoy and celebrate their achievements as both a corporate trainer and franchising business coach.
Roemer will inform participants in great detail on what they need to do to get their businesses ready for franchising. This includes everything from being able to decide if franchising is right for them all the way to learning the various franchise models to the marketing and selling processes.
Reasons why you should read these slides:
It’s totally focused on your industry, versus a general industry session.
We discuss the new prospective billing - you need to know about this!
The Ohio Bureau of Workers’ Compensation (BWC) requires employers who participate in a group/group retrospective rating plan and have had a workers’ compensation claim within the “green year” to complete two hours of mandatory safety training during the each policy year. This means that companies who are group/group retrospective rated participants with an injury claim must attend safety training, regardless of the size or severity of the claim. Per BWC guidelines, each company policy owner is required to fulfill separately the two-hour training requirement and may designate any company representative to attend.
Failing to meet this requirement could jeopardize your group/group retrospective rating program status.
The ORA is one of Ohio’s leading providers of foodservice-specific health and safety educational initiatives. The association links members of the foodservice industry with industry leaders that take an active involvement in educating them about procedures and policies that can reduce and prevent accidents in their establishments.
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Reading these slides will not give you credit. You must participate in live educational event.
If you’ve wondered whether you should expand your online footprint beyond your business’ website but aren’t quite sure how to proceed, the Ohio Restaurant Association (ORA) has your answer. The ORA Restaurant Education Series (RES) is presenting a free, seven-session social media webinar series that will help you reach guests and boost your revenue. This second session focused on the benefits of having a Twitter presence and provided insights on the best ways to reach new and existing guests.
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PowerPoint slides from Social Media Track 201 portion of the Grow Revenue: Get Online and Boost Sales Restaurant Education Series event hosted by the Ohio Restaurant Association for their members.
PowerPoint slides from Social Media Track 101 portion of the Grow Revenue: Get Online and Boost Sales Restaurant Education Series event hosted by the Ohio Restaurant Association for their members.
The Ohio Restaurant Association (ORA) understands that you rely on us for helping you understand the changes that lie ahead related to health care reform. As your trusted source of health care-related information, the association’s health care task force has launched several tools to help you, including in-person and webinar educational seminars, the “Health Care & Your Business” web page and the recent health care-focused edition of à la Carte.
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Are you clear on what you need to do regarding the health care law?
Do you know if you are a small or a large employer?
Do you know when you need to start counting your employees?
Do you have a plan of action regarding the health care law?
If you answered “no” to any of the above questions, you need to be on this webinar. The ORA’s “Health Care & Your Business: What You Need to Know Now” webinar will answer these questions and more. Whether you have two, 20 or 200 employees, you will want to participate in this webinar.
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Your LinkedIn Success Starts Here.......SocioCosmos
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Grow Revenue: Get Online and Boost Sales Oct. 28, 2013 - Social Media in the Workplace
1. Jaime U. Kolligian, Esq.
jkolligian@kwwlaborlaw.com
Kastner Westman & Wilkins, LLC
3480 West Market Street, Suite 300
Akron, OH 44333
2. Introduction to Social Media
in the Workplace
Hiring
Privacy
Other
Issues
Risks
Employer
Firing
Social Media Policies
3. Social Media
in the Hiring Process
ADVANTAGES FOR EMPLOYERS:
Applicant Screening
Free search tool
Information available at your fingertips
Information that wouldn‟t otherwise be revealed
Human Resource professionals report regularly
using social networking sites in hiring
4. Social Media
in the Hiring Process
PROCEED WITH CAUTION:
Reliability
of information
Unintentional
Understand
exposure to protected class factors
the generational differences
5. Social Media
in the Hiring Process
RECOMMENDATIONS:
Include acknowledgment and waiver language
Non-decision maker to screen applicants via social
networking sites
Document
Consider only job-related criteria
Be consistent
What about an information search on current employees?
6. Privacy Issues
Balancing an Employer’s Right to Know
vs. Employee’s Privacy
Many employers elect to monitor employee use of:
Company e-mail
Internet or other electronic communication systems
Why? Because they aim to guard against:
Internal systems tampering
Wrongful disclosure of confidential information and trade secrets and
Employee inefficiency
Employers must recognize that despite these legitimate interests,
employees enjoy various privacy protections under Federal and state laws:
Federal Wiretap Act
Stored Communications Act
Discrimination laws and
The NLRA
7. Privacy Issues
Social Media and Wireless Devices –
Privacy Violations
The
Stored Communications Act (“SCA”) governs
stored communications, including an employee‟s
website search history or e-mails that are stored
on a company server.
This law prohibits unauthorized access to stored
wire and electronic communications and records
that are intended to be private.
8. Privacy Issues
Pietrylo v. Hillstone Restaurant Group, 2009 U.S. Dist.
LEXIS 88702 (D. N.J. Sept. 2009)
The employer impermissibly obtained an employee‟s
password to gain access to a secured online discussion
group, critical of the employer, on which many current and
former employees posted their comments.
The court held that this constituted a violation of the SCA
and upheld punitive and compensatory damages against
the restaurant because managers viewed the site several
times without authorization from other users – (i.e. coerced
access to password).
9. Privacy Issues
Stengart v. Loving Care Agency, Inc. (N.J. 2010), 201
N.J. 300
The court held that an employer‟s policy did not
sufficiently preserve its ability to monitor an employee‟s
personal e-mail account accessed through a work
computer where it failed to expressly notify the employee
of this possibility.
Note: be explicit in your company policies.
10. Privacy Issues
State Laws Governing Social Media Privacy
Senate Bill 45 has been introduced, but not passed by
the 130th Ohio General Assembly, which would make it
unlawful for any employer to require disclosure of or ask
for access to an employee or job applicant‟s log-in and
password to a private e-mail account, social media site or
other personal electronic device.
Under this bill, employers would face monetary fines.
11. Privacy Issues
State Laws Governing Social Media Privacy
Note: Similar password protection laws have already been
enacted in Arkansas, California, Colorado, Illinois,
Maryland, Michigan, Nevada, New Jersey, New Mexico,
Oregon, Utah and Washington.
Note: Similar password protection laws are pending in
Delaware, Georgia, Hawaii, Louisiana, Maine, New
Hampshire, Ohio, Pennsylvania, Rhode Island, Texas,
Vermont and Wisconsin.
Some of the states have carved out exemptions for
workplace investigations, including trade secret
misappropriation, threats of violence or other workplace
misconduct.
12. Privacy Issues
Federal Laws Governing Social Media Privacy
On February 2, 2013, Congress reintroduced federal
legislation that would limit employer access to log-in user
names and passwords for personal social media accounts
of both employees and job applicants. See H.R. 537
(Social Networking Online Protection Act).
This Bill would allow the Secretary of Labor to impose
fines of up to $10,000 against employers for unlawfully
requesting social media log-in credentials. Fines may also
be imposed against employers who retaliate against
employees or applicants for refusing to provide said
information.
13. Use of Social Media
The Risks
Risks and Liabilities for Employers:
Diminished employee productivity!
Harassment, sexual or otherwise, via social media.
Harm to a company‟s reputation.
Wage/Hour issues (employees accessing electronic media
from home, which may be work-related).
14. Use of Social Media
The Risks
The National Labor Relations Act (NLRA) prohibits
employers from monitoring or conducting surveillance of
employee union activities or protected concerted
activities.
The National Labor Relations Board (NLRB) and several
courts have recognized social media as a new forum by
which employees may organize or engage in concerted
activity.
Employers, therefore, must exercise caution when
monitoring employee social media exchange.
15. Employer Social Media Policies
Recommendations/Best Practices
Employer Policies
Do not attempt to access private (non-public) social media accounts;
Clearly define the company‟s expectations;
Make sure the company‟s expectations are reflected in its written
social media policy;
Educate users about the company‟s expectations; and
Work with internal/external IT department.
16. NLRB Stance on Social Media
Employer Policies
AGC Solomon May 30, 2012 Memo
An employer violates Section 8(a)(1) if it maintains a work rule that
employees would reasonably understand to prohibit NLRA-protected
activity.
7 of the NLRA, which applies to both unionized and non-unionized
workplaces, gives employees the right to engage in protected
concerted activities for the purpose of collective bargaining or other
mutual aid or protection. 29 U.S.C. 151-169.
Employees have the right to form, join or assist a labor
organization.
Employees have the right to discuss the terms and conditions of
their employment with co-workers without fear of reprisal.
Wages
Hours
Working conditions
17. NLRB Stance on Social Media
Employer Policies
AGC Solomon May 30, 2012 Memo
“„Concerted‟ means that an employee‟s statements about
working conditions are engaged in with or on the authority
of other employees and not solely by and on behalf of the
employee himself.” Myers Industries (Myers II) 281 NLRB
882 (1986).
No personal griping
No personal attacks
Concerns must be shared by other co-workers
18. NLRB Stance on Social Media
Employer Policies
AGC Solomon May 30, 2012 Memo
Recent Examples of Unlawful Policy Language:
Employees are required to report to management any
“unsolicited or inappropriate electronic communications”
they receive.
Unlawful because employees would reasonably
understand the rule to restrain their exercise of a right to
communicate with their fellow employees and third parties,
such as a union, regarding terms and conditions of
employment.
19. NLRB Stance on Social Media
Employer Policies
AGC Solomon May 30, 2012 Memo
Recent Examples of Unlawful Policy Language:
Rule prohibiting employees from making “disparaging or
defamatory” comments, as well as a lengthy policy that
restricted employees from speaking to the press or media
representatives without prior authorization.
Unlawful because “while an employer has a legitimate need to
control the release of certain information regarding its
business, this rule goes too far.” “Employees have a protected
right to seek help from third parties regarding their working
conditions,” including, “going to the press, blogging, speaking
at a union rally, etc.”
20. NLRB Stance on Social Media
Employer Policies
AGC Solomon May 30, 2012 Memo
Professional misconduct policy stating: “Don’t pick fights” and
reminding employees to communicate in a “professional tone”
without making “objectionable or inflammatory comments.”
Unlawful because these types of provisions could include
“discussions about working conditions or unionism, [which]
have the potential to become just as heated or controversial as
discussions about politics and religion.”
Solomon also found that “employees would reasonably
construe this rule to prohibit robust but protected discussions
about working conditions and unionism.”
21. NLRB Stance on Social Media
Employer Policies
AGC Solomon May 30, 2012 Memo
Social Media Policy told employees that any online posting by
employees should be “completely accurate and not misleading” and
should not reveal “non-public company information” on any “public
site.”
Non-public information we defined as “related to” the company‟s
financial performance, as well as personal information about
employees.
The policy also advised employees that if they were in doubt about
posting information, they should not take action. Instead, employees
were advised to check with corporate or legal representatives “to see
if it‟s a good idea.”
Unlawful because the NLRA prohibits employers from requiring
employees to secure permission before exercising Section 7 rights.
22. NLRB Stance
on Social Media
In a first-ever Board decision scrutinizing employer social
media policies, in Costco Wholesale Corporation, 2012
NLRB LEXIS 534 (Sep. 7, 2012), the Board held that the
employer violated Section 8(a)(1) of the NLRA by
maintaining a rule that prohibited employees from
electronically posting statements that could “damage the
Company…or damage any person‟s reputation.”
23. NLRB Stance
on Social Media
Costco‟s policy stated as follows:
Any communication transmitted, stored or displayed
electronically must comply with the policies outlined in
the Costco Employee Agreement. Employees should
be aware that statements posted electronically (such
as to online message boards or discussion groups)
that damage the Company, defame any individual or
damage any person‟s reputation, or violate the policies
outlined in the Costco Employee Agreement, may be
subject to discipline, up to and including termination of
employment.
24. Social Media
Policy Recommendations
Consider the context of prohibited conduct/statement.
For example, adding an explicit statement “prohibiting social
media activity that…includes disparaging remarks that are
not related to a dispute over working conditions…and
statements that are defamatory and maliciously false.”
Language banning certain conduct should be read as a whole
(not in isolation).
For example, “statements which are slanderous or
detrimental to the company” appearing on the same list
as “statements that constitute unlawful racial or sexual
harassment.”
25. Social Media
Policy Recommendations
Include
disclaimer language that “the policy is
not intended to interfere with protected
concerted activity or infringe upon
employees’ rights under the NLRA.”
26. Social Media:
Employee Firings
Some states prohibit employers from taking adverse
employment actions against employees for lawful “offduty” conduct (Ohio is not one of them).
NLRB authority supports an employer‟s right to prohibit
bullying and discrimination, but employers must exercise
caution in doing so.
27. Social Media
Harassment
What should employers do when they receive reports of
online harassment, especially when this conduct occurs
outside of the workplace? PROCEED WITH CAUTION!
Treat it the same as any other report of harassment –
addressing all reported complaints.
Recognize that the information obtained may not be
reliable.
28. NLRB Stance on Social Media
Firings – NLRA Provisions
Employers who restrict employees through interference,
restraint, or coercion in the exercise of their 7 activities may be
charged with an unfair labor practice under 8(a)(1) of the
NLRA.
It is generally unlawful for employers to discipline employees for
making negative comments about their working conditions, the
terms of their employment or their supervisors.
It is also unlawful for employers to promulgate policies that
broadly restrict such discussions among coworkers and outside
union representatives.
29. NLRB Stance on Social Media
Firings – NLRA Provisions
In one of the first post-hearing NLRB social media rulings,
Hispanics United of Buffalo Inc., 2012 NLRB LEXIS 852 (Dec.
14, 2012), the Board upheld the ALJ‟s 2011 ruling that the
employer, an upstate New York nonprofit organization, violated
the NLRA when it fired five employees for posting their
reactions to a co-worker‟s criticism of their performance on
Facebook and ordered a reinstatement with back pay.
The employer maintained the position that the posts
constituted bullying and harassment and violated its policy on
harassment.
30. NLRB Stance on Social Media
Firings – NLRA Provisions
Facebook posts employer cited as the basis for its termination
decision:
(Employee 1) “a coworker feels that we don‟t help our client
enough at HUB I about had it! My fellow coworkers how do u
feel?”
(Employee 2) “What the f*** Try doing my job I have 5
programs.”
(Employee 3) “What the Hell, we don‟t have a life as is, What
else can we do???”
(Employee 4) “Tell her to come do [my f***ing] job n c if I don‟t do
enough, this is just dum[b].”
(Employee 5) “I think we should give our paychecks to our
clients so they can “pay” the rent…(insert sarcasm here now).”
31. NLRB Stance on
Social Media Firings
Why did the Board and the ALJ find these terminations were
unlawful?
The employees‟ Facebook posts were angry and defensive
responses to the co-worker‟s criticism of their work, which
constituted “concerted activity that was protected” under the
NLRA. Even “[e]xplicit or implicit criticism by a coworker of the
manner in which they are performing their jobs is a subject
about which employee discussion is protected by” the NLRA.
The fact that 5 employees posted on Facebook also supported
the finding that it was “concerted” group activity.
32. NLRB Stance on
Social Media Firings
The Board and the ALJ rejected the employer‟s argument
that these posts constituted bullying or harassing
behavior because there was no evidence that the
comments ran afoul of the employer‟s policy against
discrimination and harassment.
The fact that the individual who was the subject of the
Facebook comments later suffered a heart attack was
irrelevant because there was no proven causal nexus
between the two events.
33. NLRB Stance on
Social Media Firings
In Karl Knauz Motors Inc., 2012 NLRB LEXIS 679, (Sep. 28, 2012),
the Board upheld and affirmed the ALJ‟s 2011 ruling that the employer
did not violate the NLRA when it fired a car salesman for the following
comments he posted on Facebook in response to an accident at the
Land Rover dealership next door:
(Event Caption) “This is your car: This is your car on drugs,”
featuring pictures he took of a Land Rover in a pond.
“This is what happens when a salesperson…allows a 13 year old
boy to get behind the wheel of a 6000 lb. truck…the kid drives
over his father‟s foot and into the pond in all about 4 seconds and
destroys a $50,000 truck. OOPS!”
34. NLRB Stance on
Social Media Firings
Although not asserted by the employer as the basis for his termination,
the salesman also posted the following comments on Facebook in the
same week following a Customer Appreciation event hosted by his
employer:
BMW 2011 5 Series Soiree…”
“I was happy to see that Knauz went „All Out‟ for the most
important launch of a new BMW in years…the new 5 series. A
car that will generate tens in millions of dollars in revenue for
Knauz over the next few years. The small 8 oz. bag of chips,
and the $2.00 cookie plate from Sam‟s Club, and the semifresh apples and oranges were such a nice touch…but to top it
all off…the Hot Dog Cart, where our clients could attain an
over-cooked wiener and a stale bun…”
35. NLRB Stance on
Social Media Firings
The Board upheld the ALJ‟s conclusion that the Facebook depiction of the
potentially dangerous Land Rover accident did not constitute protected
concerted activity.
Why?
Posted without any discussion with other employees.
No connection to any of the salesman‟s terms and conditions of
employment.
Significantly, the ALJ found that the portion of the Facebook comments
relating to the marketing campaign were protected because they concern his
sales commissions. The Board did not address this issue.
Although these comments had a “sarcastic and mocking tone, that, in
and of itself, does not deprive the activity of the protection of the Act.”
37. Facebook Firing Advice
Memo No. 1
Bartender Facebook posts about employer‟s tipping policy –
Facts: A bartender verbally complained to his co-workers that the
employer‟s tipping policy “sucked.” The co-worker agreed, but
neither shared this concern with management. Approximately six
months later, the bartender engaged in a discussion with his stepsister on Facebook complaining that he was underpaid. He also
called his customers “rednecks” and stated that he hoped they
choked on glass as they drove home drunk. None of his coworkers responded to this post. The next day, the bartender
received a Facebook message from the owner notifying him of his
termination.
Is this an unlawful discharge under the NLRA?
38. Facebook Firing Advice
Memo No. 2
Employee Facebook posts about her mentally disabled clients –
Facts: During her shift, the employee engaged in a Facebook
conversation on her FB wall with two non co-worker friends, stating:
“Spooky is overnight, third floor, alone in a mental institution, btw I‟m
not a client, not yet anyway.”
“My dear client ms 1 is cracking up at my post, I don‟t know if she‟s
laughing at me, with me or at her voices...”
“I don‟t need to restrain anyone, we have a great rapport, I‟m
beginning to detect when people start to decompensate.”
Employee was fired after one of her other FB friends, who was also a
former client, saw these posts and reported them to the employer.
Is this an unlawful discharge under the NLRA?
39. Recent Examples of Facebook
and other Social Media Firings
Famous Dave‟s –
waitress Facebook posting
referencing Native
American customers.
40. Recent Examples of Facebook
and other Social Media Firings
There was also an Applebee‟s
waitress fired for the posting of a
credit card receipt allegedly from a
pastor with a party of 20 who left no
tip. The image wasn‟t even posted
by the waitress who served the
table, but by someone else at the
restaurant.
This is a prime example of
unreliable information.
41. Recent Examples of Facebook
and other Social Media Firings
Two employees at a ThaiJapanese restaurant in
Delaware lost their jobs for
posting photos of credit card
receipts and racial slurs on
Instagram.
42. Recent Examples of Facebook
and other Social Media Firings
A New York City
food truck worker
lost his job over
shaming non-tippers
on Twitter.
43. Recent Examples of Facebook
and other Social Media Firings
A Texas bar fired an employee
after he posted a sign outside of
the establishment about domestic
violence.
The bar removed the sign,
made a public apology and
donated $1 of every domestic beer
sold in the month of October to the
National Coalition Against
Domestic Violence.
47.
“Like” us on Facebook and “follow” us on Twitter
and we‟ll “like”/”follow” you to provide crosspromotions
◦ Facebook: www.facebook.com/OhioRestaurantAssociation
◦ Twitter: @OhioRestaurant
Submit your restaurant‟s press release or special
event information directly to the ORA:
◦ communications@ohiorestaurant.org
48. Foodservice Safety Training:
Preventing Costly Workplace Injuries
• Monday, Nov. 4 from 9:00 a.m. – 11:30 a.m.
@ CareWorks Consultants in Dublin
Webinar on Unemployment
• Jan. 23, 2014 at 9:30 a.m.
49. Speed
Coaching
Optional Facebook and Fishbowl
workshops
Survey – please complete and leave
with ORA staff member
Thank you for your membership & for
attending today’s workshop!
Editor's Notes
Reminder to all:Cell phone offSpeak slow and clear
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