This document summarizes a seminar on social media in the workplace. It discusses trends in social media policies and the National Labor Relations Act. It outlines how companies can use social media to boost their brand, engage customers and employees, and for hiring. However, it also notes risks like misleading content and privacy issues. The document provides best practices for companies and employees regarding social media use, including designating authorized publishers, avoiding disclosing confidential information, and including disclaimers on personal accounts.
The document summarizes key topics from a seminar on employment law, including:
1) Marijuana legalization and workplace policies on marijuana use, testing, and accommodating medical marijuana.
2) An overview of the current state of the COVID-19 pandemic and challenges of remote work, such as employee isolation, mental health, and new performance management systems.
3) Legal issues employers should consider regarding remote work, such as drafting remote work policies, ensuring compliance with exempt/non-exempt status, workplace safety for home offices, and multi-state tax and law compliance.
This document summarizes a seminar on political speech in the workplace. It discusses the tension between an employer's desire to control its image and workplace, and an employee's freedom of political expression. It outlines exceptions where employees may have protections for political speech, such as under the National Labor Relations Act, state laws, and anti-discrimination statutes. The document provides practical tips for employers, such as developing social media and no political activity policies, enforcing policies evenly, and seeking legal counsel before disciplining employees for political activities. A scenario describes an employer considering its options after an employee was allegedly involved in the January 6th Capitol riots.
Stuart spoke at the 2014 International Association for Human Resource Information Management (IHRIM). He discussed social media in the modern workplace – how HR can protect the organization and use social media strategically.
The Workplace in the Social Media Age: Confronting the Challenges (and Opport...Rudner Law
The document discusses challenges and opportunities related to social media use in the workplace. It covers several topics: expectations of privacy for different generations; risks of using social media for recruitment and hiring; benefits and risks of BYOD policies and defining who can speak on behalf of a company; and considerations for discipline and termination related to social media use. The document provides examples of relevant case law and lessons for employers regarding developing appropriate policies and practices.
This document provides an overview and agenda for the Ninth Annual Boise Employment Law Seminar taking place on September 22, 2021 in Boise, Idaho. The seminar will cover hot topics in employment law, including discussions on the statutory basis for 85% of employment law claims, sexual harassment and what it is, LGBTQ+ discrimination, conducting sexual harassment investigations, and determining whether a worker is an employee or independent contractor. Key tests for making this determination, such as the IRS 20-factor test and post-1996 IRS approach focusing on behavioral and financial control, will be reviewed.
Training Progam I delivered for a Pennsylvania Employer in 2013. Info should be closely checked to ensure it is in line with your company policies as well as home state laws and regs.
The document summarizes key topics from a seminar on employment law, including:
1) Marijuana legalization and workplace policies on marijuana use, testing, and accommodating medical marijuana.
2) An overview of the current state of the COVID-19 pandemic and challenges of remote work, such as employee isolation, mental health, and new performance management systems.
3) Legal issues employers should consider regarding remote work, such as drafting remote work policies, ensuring compliance with exempt/non-exempt status, workplace safety for home offices, and multi-state tax and law compliance.
This document summarizes a seminar on political speech in the workplace. It discusses the tension between an employer's desire to control its image and workplace, and an employee's freedom of political expression. It outlines exceptions where employees may have protections for political speech, such as under the National Labor Relations Act, state laws, and anti-discrimination statutes. The document provides practical tips for employers, such as developing social media and no political activity policies, enforcing policies evenly, and seeking legal counsel before disciplining employees for political activities. A scenario describes an employer considering its options after an employee was allegedly involved in the January 6th Capitol riots.
Stuart spoke at the 2014 International Association for Human Resource Information Management (IHRIM). He discussed social media in the modern workplace – how HR can protect the organization and use social media strategically.
The Workplace in the Social Media Age: Confronting the Challenges (and Opport...Rudner Law
The document discusses challenges and opportunities related to social media use in the workplace. It covers several topics: expectations of privacy for different generations; risks of using social media for recruitment and hiring; benefits and risks of BYOD policies and defining who can speak on behalf of a company; and considerations for discipline and termination related to social media use. The document provides examples of relevant case law and lessons for employers regarding developing appropriate policies and practices.
This document provides an overview and agenda for the Ninth Annual Boise Employment Law Seminar taking place on September 22, 2021 in Boise, Idaho. The seminar will cover hot topics in employment law, including discussions on the statutory basis for 85% of employment law claims, sexual harassment and what it is, LGBTQ+ discrimination, conducting sexual harassment investigations, and determining whether a worker is an employee or independent contractor. Key tests for making this determination, such as the IRS 20-factor test and post-1996 IRS approach focusing on behavioral and financial control, will be reviewed.
Training Progam I delivered for a Pennsylvania Employer in 2013. Info should be closely checked to ensure it is in line with your company policies as well as home state laws and regs.
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 emerging legal trends affecting the workplace presented by Mark Bakker of Wyche, P.A. It outlines increased regulatory scrutiny from agencies like the DOL, EEOC, and NLRB. The DOL is cracking down on misclassifying independent contractors and the EEOC is providing guidance on criminal background checks. The NLRB is also showing signs of more aggressive enforcement of labor laws. Emerging issues around social media, BYOD policies, same-sex marriage benefits, and anti-bullying initiatives are also discussed. Bakker provides best practices for various policies and compliance in this new legal landscape.
This document discusses how companies need to update their social media policies to address employer liability issues and comply with laws protecting employee rights. It provides examples of policies that have been deemed lawful or unlawful by the NLRB and EEOC. The NLRB in particular has taken an expansive view of protected concerted activities, finding that many existing social media and confidentiality policies could chill employees' rights under federal law to discuss terms of employment. The document advises employers to limit restrictive language and clearly define confidential information in policies.
The document summarizes a seminar on political speech in the workplace that discusses a case study of Whole Foods employees who were disciplined for wearing Black Lives Matter attire. It examines the lawsuit filed by employees claiming discrimination and the court's dismissal of the suit. The presentation then discusses potential concerns around political speech in the workplace and legal considerations for limiting such speech for private and public sector employers.
This document summarizes a webinar on managing workforces legally in 2022. It covers Covid-19 workplace policies including mandatory vaccination requirements. It also discusses federal developments like independent contractor standards. Other topics are restrictive covenants, criminal history discrimination laws, and data privacy acts. The webinar provides an overview of recent laws and guidance for employers to consider in developing compliant employment policies.
This document outlines the agenda for a seminar on religion in the workplace. It will discuss the legislative history of Title VII, the Idaho Human Rights Commission process, litigation on religious discrimination including specific cases and highly litigated areas, and differences between the Trump and Biden administrations' EEOC approaches. It will also cover practical lessons and include handouts on religious discrimination questions and answers and a DOJ memo on religious liberty.
The document summarizes topics to consider for employers transitioning employees back to the workplace or continuing telework arrangements after the COVID-19 pandemic. Key compliance obligations remain unchanged, including requirements under the FLSA regarding tracking and paying employees for all work hours. Employers should update policies on recording work hours, conducting work, data privacy, and managing conduct for remote employees. Providing accommodations, preventing discrimination, ensuring workplace safety and complying with leave and benefit laws also require attention.
Government agencies are expanding their focus on employees’ rights, social media, and other employer policies and it is not just social media policies that are being invalidated. Susan and Nick discuss how recent changes in social media law might affect your company’s confidentiality policies, hiring policies and practices, and discrimination and harassment policies.
Managing Employees in the Social Media EraRudner Law
This document discusses managing employee use of social media. It notes that misuse can result in lost productivity, corporate liability from harassment or damaged reputation, and ownership issues over social media accounts. The document recommends employers establish social media policies, monitor usage, and discipline violators to manage risks while balancing privacy. It also discusses dismissing employees, with or without cause, and post-dismissal monitoring of social media for mitigation efforts. Clear rules, investigations, and considering all context are important.
The EEOC has issued new enforcement guidance on the use of criminal background checks in employment decisions. The guidance addresses concerns that exclusionary criminal background check policies can result in disparate treatment or disparate impact discrimination prohibited by Title VII. It provides that blanket exclusions of people with any criminal record will rarely satisfy the business necessity defense. Instead, employers should use targeted screens that are narrowly tailored based on the nature of the offense, amount of time passed, and requirements of the job. The guidance also recommends individualized assessments for people excluded by screens.
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.
The document discusses key concepts in US employment law, including the employment-at-will doctrine and its exceptions, major federal statutes governing wages/hours and workplace safety/health, leave laws like FMLA, and protections against discrimination based on characteristics like race, gender, age, and disability under laws such as Title VII, EPA, ADEA, and ADA. Defenses to discrimination claims include business necessity, BFOQ, seniority systems, and after-acquired evidence of employee misconduct.
There have been a number of new developments this year. Christina discusses new federal and state initiatives, new case law and other developments that directly affect employers.
The document outlines an agenda for a seminar on conducting effective internal investigations. It discusses factors to consider in deciding whether to conduct an investigation in-house or outsource it, including objectivity, expertise, and privilege protections. It also covers determining the scope of an investigation, such as which witnesses and documents to examine. The document provides best practices for interviews and evidence collection, including topics to cover in interviews and preserving investigation notes.
“The Ghomeshi Scenario”: Responding to Allegations of HarassmentRudner Law
The document summarizes best practices for responding to and investigating allegations of harassment in the workplace. It discusses the importance of acting promptly, conducting thorough and unbiased investigations, allowing respondents to respond to allegations, maintaining confidentiality when possible, documenting the process, and taking appropriate action based on findings to avoid legal and reputational risks. Key steps include notifying respondents, considering interim measures, obtaining information from complainants and witnesses, preparing thorough reports with conclusions, and advising all parties of outcomes.
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.
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 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.
Employees have basic rights in the workplace including privacy, fair compensation, and freedom from discrimination. Applicants cannot be discriminated against based on attributes like age, gender, race, or religion. Employers cannot access an individual's credit, medical, or background information without permission. Employees are protected from harassment and have rights to a safe workplace, fair wages, and freedom from retaliation. Privacy rights around personal information, email, internet usage, communications, and medical records are balanced with employers' interests but regulated by laws like HIPAA. Individuals with disabilities are protected from discrimination under acts like the ADA.
Facing up to Facebook and Twitter - Social Networking Issues for HR
Presented by Anna Denton-Jones of http://www.mdjlaw.co.uk at the Yolk HR Insight Sessions.
Social Media Policy Essentials for Lenders and BrokersSmarsh
Learn how to adopt and enforce social media policies that make sense for the mortgage industry, including:
-What elements should be included
-Best practices for developing a social media policy
-How to enforce a policy once it's made
Don’t have a social media policy? So essentially, anyone in the organization can say and do whatever they want? It’s time for some guidelines!
While social media is about free and open conversations online, your organization still needs to have some thoughts to paper on how to manage the online sphere. How do you distinguish between personal and professional personas online? What things are appropriate and what isn’t? What about privacy concerns? Join this session to learn more about what your organization can do to make social media work for you.
Attendees Will Walk Away With:
• Knowledge of the types of social media issues requiring policies
• Templates on writing your own social media policy for your organization
• Tips on implementing the policies effectively
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 emerging legal trends affecting the workplace presented by Mark Bakker of Wyche, P.A. It outlines increased regulatory scrutiny from agencies like the DOL, EEOC, and NLRB. The DOL is cracking down on misclassifying independent contractors and the EEOC is providing guidance on criminal background checks. The NLRB is also showing signs of more aggressive enforcement of labor laws. Emerging issues around social media, BYOD policies, same-sex marriage benefits, and anti-bullying initiatives are also discussed. Bakker provides best practices for various policies and compliance in this new legal landscape.
This document discusses how companies need to update their social media policies to address employer liability issues and comply with laws protecting employee rights. It provides examples of policies that have been deemed lawful or unlawful by the NLRB and EEOC. The NLRB in particular has taken an expansive view of protected concerted activities, finding that many existing social media and confidentiality policies could chill employees' rights under federal law to discuss terms of employment. The document advises employers to limit restrictive language and clearly define confidential information in policies.
The document summarizes a seminar on political speech in the workplace that discusses a case study of Whole Foods employees who were disciplined for wearing Black Lives Matter attire. It examines the lawsuit filed by employees claiming discrimination and the court's dismissal of the suit. The presentation then discusses potential concerns around political speech in the workplace and legal considerations for limiting such speech for private and public sector employers.
This document summarizes a webinar on managing workforces legally in 2022. It covers Covid-19 workplace policies including mandatory vaccination requirements. It also discusses federal developments like independent contractor standards. Other topics are restrictive covenants, criminal history discrimination laws, and data privacy acts. The webinar provides an overview of recent laws and guidance for employers to consider in developing compliant employment policies.
This document outlines the agenda for a seminar on religion in the workplace. It will discuss the legislative history of Title VII, the Idaho Human Rights Commission process, litigation on religious discrimination including specific cases and highly litigated areas, and differences between the Trump and Biden administrations' EEOC approaches. It will also cover practical lessons and include handouts on religious discrimination questions and answers and a DOJ memo on religious liberty.
The document summarizes topics to consider for employers transitioning employees back to the workplace or continuing telework arrangements after the COVID-19 pandemic. Key compliance obligations remain unchanged, including requirements under the FLSA regarding tracking and paying employees for all work hours. Employers should update policies on recording work hours, conducting work, data privacy, and managing conduct for remote employees. Providing accommodations, preventing discrimination, ensuring workplace safety and complying with leave and benefit laws also require attention.
Government agencies are expanding their focus on employees’ rights, social media, and other employer policies and it is not just social media policies that are being invalidated. Susan and Nick discuss how recent changes in social media law might affect your company’s confidentiality policies, hiring policies and practices, and discrimination and harassment policies.
Managing Employees in the Social Media EraRudner Law
This document discusses managing employee use of social media. It notes that misuse can result in lost productivity, corporate liability from harassment or damaged reputation, and ownership issues over social media accounts. The document recommends employers establish social media policies, monitor usage, and discipline violators to manage risks while balancing privacy. It also discusses dismissing employees, with or without cause, and post-dismissal monitoring of social media for mitigation efforts. Clear rules, investigations, and considering all context are important.
The EEOC has issued new enforcement guidance on the use of criminal background checks in employment decisions. The guidance addresses concerns that exclusionary criminal background check policies can result in disparate treatment or disparate impact discrimination prohibited by Title VII. It provides that blanket exclusions of people with any criminal record will rarely satisfy the business necessity defense. Instead, employers should use targeted screens that are narrowly tailored based on the nature of the offense, amount of time passed, and requirements of the job. The guidance also recommends individualized assessments for people excluded by screens.
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.
The document discusses key concepts in US employment law, including the employment-at-will doctrine and its exceptions, major federal statutes governing wages/hours and workplace safety/health, leave laws like FMLA, and protections against discrimination based on characteristics like race, gender, age, and disability under laws such as Title VII, EPA, ADEA, and ADA. Defenses to discrimination claims include business necessity, BFOQ, seniority systems, and after-acquired evidence of employee misconduct.
There have been a number of new developments this year. Christina discusses new federal and state initiatives, new case law and other developments that directly affect employers.
The document outlines an agenda for a seminar on conducting effective internal investigations. It discusses factors to consider in deciding whether to conduct an investigation in-house or outsource it, including objectivity, expertise, and privilege protections. It also covers determining the scope of an investigation, such as which witnesses and documents to examine. The document provides best practices for interviews and evidence collection, including topics to cover in interviews and preserving investigation notes.
“The Ghomeshi Scenario”: Responding to Allegations of HarassmentRudner Law
The document summarizes best practices for responding to and investigating allegations of harassment in the workplace. It discusses the importance of acting promptly, conducting thorough and unbiased investigations, allowing respondents to respond to allegations, maintaining confidentiality when possible, documenting the process, and taking appropriate action based on findings to avoid legal and reputational risks. Key steps include notifying respondents, considering interim measures, obtaining information from complainants and witnesses, preparing thorough reports with conclusions, and advising all parties of outcomes.
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.
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 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.
Employees have basic rights in the workplace including privacy, fair compensation, and freedom from discrimination. Applicants cannot be discriminated against based on attributes like age, gender, race, or religion. Employers cannot access an individual's credit, medical, or background information without permission. Employees are protected from harassment and have rights to a safe workplace, fair wages, and freedom from retaliation. Privacy rights around personal information, email, internet usage, communications, and medical records are balanced with employers' interests but regulated by laws like HIPAA. Individuals with disabilities are protected from discrimination under acts like the ADA.
Facing up to Facebook and Twitter - Social Networking Issues for HR
Presented by Anna Denton-Jones of http://www.mdjlaw.co.uk at the Yolk HR Insight Sessions.
Social Media Policy Essentials for Lenders and BrokersSmarsh
Learn how to adopt and enforce social media policies that make sense for the mortgage industry, including:
-What elements should be included
-Best practices for developing a social media policy
-How to enforce a policy once it's made
Don’t have a social media policy? So essentially, anyone in the organization can say and do whatever they want? It’s time for some guidelines!
While social media is about free and open conversations online, your organization still needs to have some thoughts to paper on how to manage the online sphere. How do you distinguish between personal and professional personas online? What things are appropriate and what isn’t? What about privacy concerns? Join this session to learn more about what your organization can do to make social media work for you.
Attendees Will Walk Away With:
• Knowledge of the types of social media issues requiring policies
• Templates on writing your own social media policy for your organization
• Tips on implementing the policies effectively
Don’t have a social media policy? So essentially, anyone in the organization can say and do whatever they want? It’s time for some guidelines!
While social media is about free and open conversations online, your organization still needs to have some thoughts to paper on how to manage the online sphere. How do you distinguish between personal and professional personas online? What things are appropriate and what isn’t? What about privacy concerns? Join this session to learn more about what your organization can do to make social media work for you.
Attendees Will Walk Away With:
• Knowledge of the types of social media issues requiring policies
• Templates on writing your own social media policy for your organization
• Tips on implementing the policies effectively
Don’t have a social media policy? So essentially, anyone in the organization can say and do whatever they want? It’s time for some guidelines!
While social media is about free and open conversations online, your organization still needs to have some thoughts to paper on how to manage the online sphere. How do you distinguish between personal and professional personas online? What things are appropriate and what isn’t? What about privacy concerns? Join this session to learn more about what your organization can do to make social media work for you.
Attendees Will Walk Away With:
• Knowledge of the types of social media issues requiring policies
• Templates on writing your own social media policy for your organization
• Tips on implementing the policies effectively
Don’t have a social media policy? So essentially, anyone in the organization can say and do whatever they want? It’s time for some guidelines! While social media is about free and open conversations online, your organization still needs to have some thoughts to paper on how to manage the online sphere. How do you distinguish between personal and professional personas online? What things are appropriate and what isn’t? What about privacy concerns? Join this session to learn more about what your organization can do to make social media work for you.
Attendees Will Walk Away With:
• Knowledge of the types of social media issues requiring policies
• Templates on writing your own social media policy for your organization
• Tips on implementing the policies effectively
Kirstin Beardsley
Kirstin joined CanadaHelps in 2006. Prior to joining the team at CanadaHelps, Kirstin worked in other projects and programs in the non-profit/voluntary sector including Vartana, Developing Human Resources in the Voluntary Sector-HRVS (precursor to the HR Council) and Community Foundations of Canada. She has volunteered for a number of non-profit organizations including women’s shelters, a small credit union and a crisis line.
This social media policy provides guidance for employees on appropriate use of social media both for professional purposes and personal use. It defines social media and outlines procedures for social media use, including adhering to the company's code of conduct. The policy prohibits posting confidential information, defamatory, pornographic or libelous content. Employees are advised to separate personal and professional social media accounts.
Don't have a social media policy? So essentially, anyone in the organization can say and do whatever they want? It’s time for some guidelines!
While social media is about free and open conversations online, your organization still needs to have some thoughts to paper on how to manage the online sphere. How do you distinguish between personal and professional personas online? What things are appropriate and what isn't? What about privacy concerns? Join this session to learn more about what your organization can do to make social media work for you.
Attendees Will Walk Away With:
- Knowledge of the types of social media issues requiring policies
- Templates on writing your own social media policy for your organization
- Tips on implementing the policies effectively
Whether or not your organization is using social media for business, your employees probably are using it. Whether they're engaging in a personal or professional way, your company needs a social media policy.
This document outlines Saint-Gobain's social media policy and best practices for employees. It differentiates between personal and official social media use, requiring authorization for official use. It provides guidance on protecting confidentiality, separating personal and professional views, and complying with all company policies. It also describes best practices for transparency, accuracy, respectfulness and avoiding online arguments when using social media.
This document summarizes a presentation on navigating social media in the workplace. It discusses how social media has become integrated into daily life and work. While it provides opportunities as a business tool, it also poses risks if not properly managed, such as lost productivity, privacy issues, and legal liabilities. The presentation provides guidance for developing social media policies and educating employees on appropriate social media use and their obligations regarding loyalty, confidentiality and off-duty conduct. It also reviews case law establishing that employers can discipline employees for inappropriate social media use that damages the employer or violates policies.
Social Media and the Law with Andrew Rosenman, partner, Mayer Brown Law Firm ...Social Media Rockstar
This document discusses various employment law issues related to social media. It begins by noting the significant risks employers face from the growth of social media, including public relations issues and legal liability. It then addresses legal issues regarding screening candidates' social media, monitoring current employees' social media, and references for former employees. The document provides recommendations for employers, such as having a clear social media policy and training employees on it. It concludes by discussing National Labor Relations Board limits on social media policies.
This document summarizes a seminar on social media and employee obligations of confidentiality and loyalty. It discusses how employers should educate employees on their duties and policies around social media use. Employers need policies addressing what is considered confidential, and prohibiting disparagement of the employer. Case law examples show dismissals being upheld for breaching patient confidentiality or ridiculing the employer, but overturned for minor infractions.
f you find this policy useful, I hope you'll consider sharing it with your social network on Twitter, Facebook or Linkedin. If you'd like to blog or reference this policy in another work, please use the phrase "social media policy template" as your anchor text and attribute it to www.ericschwartzman.com.
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 principles of social media strategies and how it differs from personal useDebbie Hamilton
Labyrinthrealism, Brooklyn's Social Media Marketing Consultancy for Small Businesses highlights how small businesses, such as Restaurants, Beauty Salons, Nail Salons, Barbershops and Bodegas can implement a social media policy to benefit companies sales and audience.
Key Points in this presentation:
- Application of Social Media in the Workplace
- Are Employers Permitted to Monitor Social Media Use by Employees at Work?
- Percentage of Business using Social Media
- How does your organization use SM for Internal communications
- Managing the Risks
- Social Media Policy
- Steps to creating a Policy
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.
This document provides guidance on developing social media policies for organizations. It discusses establishing expectations for social media use, educating staff, protecting brands, and avoiding legal issues. The document recommends involving social media users in policy development, teaching the policy, allowing for personal connections, and regularly reviewing policies. Effective policies balance rules with guidelines, focus on successes rather than failures, and link social media use to organizational values.
Microsoft provided many of the accommodations requested by an employee with Autism Spectrum Disorder, but rejected some that would have excused the employee from performing essential job functions as an Enterprise Architect. These essential functions included communicating ideas to clients, responding quickly to clients under dynamic conditions, and handling basic administrative tasks. When negotiations over alternative accommodations were unsuccessful, Microsoft placed the employee on job reassignment but the employee did not pursue other positions. The court concluded Microsoft did not fail to reasonably accommodate the employee.
Employee Life Cycle III: Termination Trepidation - Identifying and Avoiding t...Parsons Behle & Latimer
This presentation discusses best practices for employee discipline and termination to avoid legal risks. It emphasizes having clear job descriptions and policies, training employees on policies, consistently applying policies, and thoroughly documenting all communication and disciplinary actions. Case studies are presented to illustrate how failures to properly recognize disabilities, document issues, and focus on misconduct rather than protected characteristics can result in legal liability. The presentation stresses communicating expectations, intervening early, escalating discipline, and ensuring HR involvement in termination decisions.
The presentation discusses various human resources law issues that can arise during employment, including performance evaluations, leave, accommodations, workplace rules and culture, and discipline. It provides examples of proper and improper documentation for performance reviews and outlines a best practices roadmap for handling performance-based employee discharge. The presentation also examines case studies on the value of independent investigations, managing workplace conflict, and avoiding retaliation.
This document summarizes confidentiality issues arising under the Americans with Disabilities Act (ADA), Family Medical Leave Act (FMLA), and Health Insurance Portability and Accountability Act (HIPAA). It discusses HIPAA compliance obligations for employers, including the notice of privacy practices, appointing a privacy officer, training employees, and implementing safeguards for protected health information. It also reviews other laws protecting employee health information, such as the Genetic Information Nondiscrimination Act, Title VII, ADA, and FMLA. The presentation emphasizes the importance of properly handling and securing sensitive employee medical records.
This document summarizes the key aspects of the Corporate Transparency Act (CTA), which requires certain entities to report beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN). It outlines what entities must report, the information that must be reported for each beneficial owner, exemptions, penalties for noncompliance, and restrictions on how FinCEN can disclose the beneficial ownership information. Reporting of beneficial ownership information to FinCEN will start on January 1, 2024 and must be completed by January 1, 2025. Entities must also continuously update their beneficial ownership reports within 30 days of any changes.
The Major Questions Doctrine: A Review of the Supreme Court Decision in West ...Parsons Behle & Latimer
The Supreme Court struck down the Obama-era Clean Power Plan under the Major Questions Doctrine. The Major Questions Doctrine applies when an agency asserts broad new authority over an important issue that Congress did not clearly delegate. The Court found EPA did not have clear congressional authorization to issue industry-wide emissions regulations under Section 111(d) of the Clean Air Act, as the CPP demanded major shifts in energy production beyond EPA's traditional authority. This decision raises questions about how the Major Questions Doctrine could impact administrative agencies and their interpretations of statutes in the future.
Safeguarding Against Financial Crime: AML Compliance Regulations DemystifiedPROF. PAUL ALLIEU KAMARA
To ensure the integrity of financial systems and combat illicit financial activities, understanding AML (Anti-Money Laundering) compliance regulations is crucial for financial institutions and businesses. AML compliance regulations are designed to prevent money laundering and the financing of terrorist activities by imposing specific requirements on financial institutions, including customer due diligence, monitoring, and reporting of suspicious activities (GitHub Docs).
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Pedal to the Court Understanding Your Rights after a Cycling Collision.pdfSunsetWestLegalGroup
The immediate step is an intelligent choice; don’t procrastinate. In the aftermath of the crash, taking care of yourself and taking quick steps can help you protect yourself from significant injuries. Make sure that you have collected the essential data and information.
1. Ninth Annual Boise Employment Law Seminar
S E P T E M B E R 2 2 , 2 0 2 1 | B O I S E C E N T R E E A S T | B O I S E , I D A H O
par s ons behle.c om
B O I S E | I D A H O FA L L S | L E H I | R E N O | S A LT L A K E C I T Y
Social Media in the Workplace
Kelsie A. Kirkham
208.528.5234 | kkirkham@parsonsbehle.com
2. 2
Social Media
Internet or mobile-based websites, applications, and services that allow end-user
interaction. While traditional media provide for one-way communication, social
media enable bidirectional and multidirectional communications between and
among users.
• Sites and applications dedicated to user interactivity, for example, social networking sites.
• Social or interactive features of otherwise traditional sites, for example, a blog that invites user
comments on an otherwise static website.
3. 3
Trends and Evolving Issues
• Social media and internet policies
• Social media and the National Labor Relations Act
• Company use of social media platforms
• Employee use of social media platforms
4. 4
How Companies Use Social Media
• Boosting brand awareness:
◦ Endorsements
◦ Branded pages
◦ Promotions
◦ User-generated content
• Enriching investor relations:
◦ Earnings calls
◦ Shareholder meetings
• Interactive customer support
• Employee engagement
• Hiring and recruitment:
◦ Posting job openings
◦ Screening candidates
5. 5
Advantages of Social Media
• Inexpensive
• Informal
• Real time
• Easily customizable
• Personalized interaction with
consumers
• Larger audience reached
6. 6
Risks Associated with Social Media Use
• Character limitations and informal language
◦ Misleading advertisements
◦ Material misstatements or omissions
◦ Deceptive advertising
• Posting content owned or controlled by someone
other than the Company may violate intellectual
property rights or a site's terms of use
• Collection and use of certain consumer
information through interactions on social media
could violate privacy laws
• Disclosure of confidential or proprietary
information
8. 8
Representing Company on Social Media
• Designate authorized social media publishers
• Employees authorized to represent the Company on
its social media accounts or in a social media
environment as part of their job, should be required
to nonetheless seek approval from a manager or
other designated personnel before posting.
• Any and all requests for comment about the
Company for publication, including in any social
media outlet, should be directed to designated
authorized social media publishers and should not
respond without approval.
9. 9
Add Value & Be Respectful
Consider the value of the contribution
before posting. Does the post:
• Assist others in the community (i.e.,
customers or colleagues)?
• Solve a problem?
• Enhance the sense of community
surrounding the Company?
• Improve the image of the Company and its
products/services?
Be respectful of all others in the online
community.
Engaging in arguments and
inflammatory debates can tarnish the
Company’s credibility:
• Do not disparage a competitor beyond
stating facts to make your point
• Be respectful and factual when disagreeing
with online commentators
10. 10
Respond to Your Mistakes Quickly
Credibility of the publisher, and that of the
Company, is judged by accuracy and
willingness to recognize and fix mistakes:
• If something is posted in error, respond quickly
to correct it
• If a prior online post requires modification, be
upfront about doing so
11. 11
Comply with Company Policies
Do NOT use social media to:
• Disclose Company’s confidential or proprietary information
• Harass or discriminate against fellow employees
• Defame or disparage the Company or its employees
• Create false or misleading endorsements, for example by:
◦ Claiming to be someone other than yourself to create buzz around
the Company or its products/services/inventory
◦ Failing to identify as a Company employee
12. 12
Protect Customers, Suppliers, Business
Associates, and Investors
Do not cite or refer to the Company’s customers, vendors, business
associates, or investors, or:
• Identify them by name
• Reveal any confidential information related to them
• Discuss or conduct business with a customer, supplier, business associate, or
investor in an online forum
• For example:
◦ "Thanks, [CLIENT NAME]! So glad the deal closed!
◦ "Glad to have my weekends back! #[CLIENTNAME]
13. 13
Do Not Disclose Confidential Information or
Trade Secrets
• Be thoughtful about what you post
• Inadvertently posting confidential information or trade secrets may cause the
Company, or its clients to lose valuable trade secret protection
• Examples of confidential information include:
• Sales information
• Customer names lists
• Financials
• Business or marketing plans
• Performance or prospects
• Acquisitions and divestitures
Do not comment in any way on rumors about these topics. If asked directly, state
"no comment."
14. 14
All Social Media Accounts Created or Used on
Behalf of the Company Belong to the Company
• Any social media accounts created or used by employees or contractors
on behalf of the Company belong solely to the Company. This includes:
◦ Log-in information
◦ Passwords
◦ Content associated with each account, including followers and contacts
• Designated Company personnel should be notified if it is suspected that:
◦ A third party has infringed on the Company’s intellectual property rights.
◦ The Company’s confidential information or trade secrets have been disclosed.
15. 15
Speaking For or About Company
Employees speaking as representatives of the Company on social
media are liable for material misstatements or omissions, even if
purporting to speak in their individual capacities.
Statements made by the CEO or other high-ranking executives can be
viewed as carrying the same weight as official statements of the
Company.
16. 16
Do Not Disclose Nonpublic Information
Never disclose nonpublic information on social media, either on
personal accounts or on behalf of the Company, unless there is
written approval from an authorized personnel
Nonpublic information is information that has not yet been widely
disseminated to the public or has but the public has not yet had time
to absorb the information.
17. 17
Use Full Context in Posts and Tweets
• Use full context in social media posts to avoid violations of the
Exchange Act antifraud and insider trading rules:
o Include a link to forward-looking statements disclaimers, risk-factors, and full
earnings releases in relevant tweets and posts
o Be balanced and tell the full story. Do not only tweet or post snippets of
positive information
•Maximize the reach of tweets and posts by reposting on Company’s
website; pushing to an RSS feed; or redistributing to financial portals
(Bloomberg, Google Finance, and Yahoo! Finance).
18. 18
Liking and Retweeting: Unintentional Attribution
The Company can be held liable under securities laws
for false or misleading third-party content that it links to
if the Company gives the appearance of having:
• Been involved in the preparation of the information.
• Explicitly or implicitly endorsed or approved the information.
For example by:
◦ Liking to content on Facebook.
◦ Retweeting a post on Twitter.
19. 19
Best Practices
• Limit the number of individuals authorized to speak on behalf the
Company on social media.
• Keep a record of social media disclosures.
• Closely monitor social media channels.
• Use full context. If social media's space limitations make this difficult,
use social media channels to link to the full context the Company's
website.
• Be wary of "liking" and "retweeting."
• Use disclaimers.
21. 21
Personal Use of Social Media at Work
• If your Company authorizes occasional use of social media for personal
activities at the office during non-working time, personal social media use on
Company computers and networks must not:
◦ Involve obscene, threatening, intimidating, or harassing content.
◦ Violate any other Company policies or employee obligations.
◦ Interfere with your employment responsibilities or productivity.
• Company should prohibit circulating or posting the following materials on social
media using Company computers or networks during working time:
◦ Commercial, personal, religious, or political solicitations.
◦ Chain letters or spam.
◦ Promotion of outside organizations unrelated to company business.
22. 22
No Expectation of Privacy
• All contents of Company IT resources and
communications systems are the property
of Company. Employees should have no
expectation of privacy when using the
Company’s IT resources or
communications systems, including when
posting on social media.
• Rule of Thumb: Do not use Company’s IT
resources and communications systems
for any matter that you want to keep
private or confidential
23. 23
Speaking For or About Company
When not speaking on behalf of the Company, use a disclaimer on
personal social media accounts.
◦ For example, "I am an employee of [COMPANY]. My statements and
opinions on this site are my own and do not necessarily represent those
of [COMPANY]."
Be aware that even if you are posting on a personal account, you can
be held liable for material misstatements and omissions about the
Company.
24. 24
Social Media and the NLRA
• The National Labor Relations Act (NLRA) protects union employees and also
protects non-union employees who are simply complaining about working
conditions which is often a precursor to unionizing
• Concern with prohibiting “concerted activity”
• Some examples include:
◦ Two or more employees addressing their employer about improving their working conditions
and pay
◦ An employee speaking to his/her employer on behalf of him/herself and one or more co-
workers about improving workplace conditions
◦ Two or more employees discussing pay or other work-related issues with each other
25. 25
NLRA – Trader Joe’s
• Employee posted on his personal Facebook and Instagram pages that
customers spent too much time “browsing around” and implored customers to
“come in with a sense of purpose, get what you need, and get yourselves
home.”
• The employee was terminated for violating the employer’s social media
guidelines by not making clear that the employee was speaking on his or her
own behalf as well as for failure to comply with the company’s employee
handbook expectation to “treat all customers with integrity.”
---
Were the employee’s social media posts protected by federal labor law?
26. 26
NRLA – Trader Joe’s cont’d
• No.
• Communications are not protected by federal labor law if they are so
“disloyal, reckless, or maliciously untrue” that their intent was to
disparage the employer’s product or service rather than appeal for
support in a labor dispute.
• Although the social media posts did not directly disparage the
employer, its products, or its services, the “insults toward the
employer’s customers—the life blood of a retailer’s business—were
likewise disloyal.”
27. 27
Disparagement through Social Media Use
• In another recent case, ruling that the prohibition of using social media to
disparage the company or others was lawful, the NLRB recognized the
employer’s “legitimate justification, outweighing the rule's potential to
interfere with the exercise of [the employee’s rights], in prohibiting its
employees from disparaging it or its products to its customers and the
public” and “in being able to depend on the loyalty of [its] employees.”
• The employer’s social media policy was detailed, and each rule included
explanations and examples. The NLRB interpreted the various provisions
“in context” rather than “in isolation.”
• The NLRB reasoned that an “objectively reasonable employee” would not
read the rules as prohibiting activity protected by federal labor law.
29. 29
Advertising Claims
Federal law requires all advertising claims,
in any media, to be substantiated prior to
making the claim and to include clear and
conspicuous disclosure of any
information needed to prevent the ad from
being false or misleading.
• Truthful and non-deceptive
• Not likely to cause substantial unavoidable injury
• Evidence to substantiate the ad
30. 30
Substantiation of Claims
An ad can be misleading if it conveys a claim (either express or
implied) that the advertiser cannot support.
When placing ads on social media sites, consider how consumers are
likely to interpret the ad
31. 31
Clear and Conspicuous Disclosure
If information is needed to prevent an ad from being misleading, it
must be disclosed clearly and conspicuously.
If disclosure is required, be sure that it is:
• Located as close as possible to the claim that it modifies.
• In a location where people are likely to see it (the FTC discourages the use of
pop-up disclosures and hyperlinks).
• Displayed in a color and font size that make it easy to read.
32. 32
Clear and Conspicuous Disclosure: Example
The disclosures in this ad are not clear and conspicuous because they
both use text that contrasts poorly with the background of the page.
33. 33
When is an Endorsement Considered Sponsored
by Company?
When an individual (such as a consumer, blogger, influencer, or celebrity) is
incentivized by the Company to promote its brand, products, or services on
social media.
Relevant factors include:
• If the speaker is compensated by the Company
• If the speaker received free products from the Company (either previously or in
conjunction with the social media post in question)
• If an agreement exists between the speaker and the Company
• If the speaker received discounts, sweepstakes entries, or other incentives from the
Company
• If the speaker is an employee of the Company
34. 34
Clear and Conspicuous Disclosure: Hashtags
• Unambiguous hashtags may be used as disclosures, such as:
• #ad
• #sponsored
• #[COMPANY]partner
• #paid
• #[COMPANY]employee
• Ambiguous hashtags should not be used as disclosures, such as:
• #spon
• #collab
• #ambassador
• #thanks[COMPANY]
35. 35
Why Does it Matter?
• False or misleading advertising is illegal.
• The Federal Trade Commission (FTC) considers endorsements and
testimonials sponsored by a company to be false advertising if:
◦ The sponsored endorsement fails to disclose a material connection to the
company.
◦ A false claim is made in an endorsement or testimonial.
36. 36
Why Does it Matter? (cont’d)
• An advertiser may be liable even if it did not authorize, approve, or use an
endorsement or testimonial made on social media if made by a speaker who
has a material connection to the advertiser.
• For example, an advertiser asks a blogger to try its new lotion and sends the
blogger free samples, but does not make any claims about the lotion's ability to
cure skin conditions. However, if the blogger writes that the lotion cures eczema,
the advertiser may be liable for the misleading representations made through
the blogger's endorsement.
37. 37
Endorsements: Example
• This space-constrained message requires two disclosures:
• That JuliStarz is a paid endorser for Fat-away.
• The amount of weight that consumers who use Fat-away can generally
expect to lose in the depicted circumstances, which is much less than the
30 pounds Juli says she lost in six weeks.
38. 38
Best Practices
• The FTC has stated that before prosecuting advertisers for
statements made by endorsers, it will exercise its prosecutorial
discretion and consider:
◦ Efforts made by advertisers to advise endorsers of their responsibilities.
◦ Actions taken by advertisers to monitor endorsers' online behavior.
◦ Actions taken by advertisers to remedy non-compliance by endorsers.
39. 39
Hypothetical 1
A public relations agency hired by video game
developers asks employees to pose as ordinary
consumers and post game reviews on the iTunes
store, without stating that the reviews were made
by employees working for the video game
developer.
----
Could the public relations agency, the video
game developers, or both be charged with
deceptive advertising practices?
40. 40
Answer to Hypothetical 1
Yes.
• The testimonials were made by employees acting on behalf of the video game
developers.
• The employees should have disclosed their connection to the public relations
agency and video game developers.
• The FTC could bring an enforcement action against the public relations
company and potentially the video game developers as well.
41. 41
Contests and Sweepstakes on Social Media
• The same laws that apply to contests and sweepstakes in traditional
media apply online and on social media as well.
• Concerns specific to contests and sweepstakes on social media:
◦ Third-party platform requirements (for example, Pinterest’s or Twitter’s terms of
use and promotional rules).
◦ User-generated content that could be defamatory or violate third-party
copyright laws.
◦ Disclosing that a post is a sweepstakes or contest entry.
42. 42
User-Generated Content
• User-generated content (UGC) is content submitted or posted by consumers to
a site or mobile app, such as:
◦ Pictures and videos, including those submitted as part of a contest or promotion.
◦ Website comments and reviews.
• The Company may be put at risk if consumers post content to sites and social
media accounts it operates if the content :
◦ Violates a third party’s copyrights (or other intellectual property rights).
◦ Includes false advertising claims.
◦ Includes defamatory statements.
◦ Violates a third party's publicity or privacy rights.
◦ Is harassing, discriminatory, or obscene.
43. 43
User-Generated Content: Best Practices
For all contests or promotions on social media that involves UGC,
work with the Legal Department to create comprehensive site terms
and contest rules that:
◦ Require consumers to submit original content only.
◦ Tell consumers not to make false claims about the Company's products or
those of the Company's competitors.
◦ Ensure that consent to use (and re-use) consumers' uploaded content is
obtained.
44. 44
Hypothetical 2
A sandwich shop chain invites contestants to post videos to its social
media accounts that illustrate why its sandwiches are superior to
those of its competitor.
----
Could the sandwich shop be sued for content included in videos
posted by the consumers?
45. 45
Answer to Hypothetical 2
Yes.
The shop could be sued by the competitor if the videos:
• Contained false or misleading claims about the competitor’s
products.
• Infringed on the competitor's intellectual property.
The shop could be sued by individuals if the videos violated their
publicity or privacy rights.
47. 47
Policy Considerations
• Social Media Policy should NOT:
◦ Be a blanket prohibition on discussing work on social media.
◦ Prohibit employees from posting about or discussing information regarding
their pay, benefits, or working conditions.
◦ Restrict employees from being able to connect with (or “friend”) each other
on social media platforms.
◦ Require that employees identify themselves by name if they mention the
employer or discuss their work on social media.
◦ Be so broad as to prohibit the disclosure of any “employee information” on
social media.
48. 48
Policy Considerations
• Social media policy should provide definitions and specific examples
and should not vaguely prohibit “inappropriate conduct” on social
media without further explanation and guidelines regarding what
constitutes inappropriate conduct.
• The policy should be simple enough for a reasonable employee to
understand yet detailed enough to withstand legal scrutiny.
• Your social media policy should be periodically reviewed and
updated, when appropriate.
49. 49
Things to Consider
• Do you have a social media policy?
• Do your current policies cover the risks of social media?
• What is your company’s level of tolerance for personal use of social
media at work? Do you want to communicate that to employees?
• Does your company use social media for marketing and business
development? Do your employees know how to do it properly? Are
you aware of FTC rules?
• How concerned are you about trade secrets/confidential information
within the company?
Presenter Notes:
This presentation reviews [COMPANY]'s social media policy and discusses:
How to represent [COMPANY] on social media.
Personal social media use at work.
Complying with securities and disclosure laws when representing [COMPANY] on social media.
Best practices for using social media in advertising, marketing, and promotions.
Character limitations and informal language may create:
Misleading advertisements
Material misstatements or omission
Failure to disclose a material connection to an endorser may create deceptive advertising
The informality, speed, and ease of social media communications can make compliance with these strict laws and regulations difficult, especially since most of these laws were written decades before the internet became part of everyday business. Therefore, extra caution must be taken when using social media to prevent violations.
Presenter Notes:
This section of the presentation reviews guidelines for representing [COMPANY] on social media as part of [COMPANY]'s:
Strategic marketing initiatives.
Public relations.
Corporate communications.
Shareholder relations.
Recruiting programs.
Presenter Notes:
All use of social media by employees, whether for business or personal use at work, is subject to [COMPANY]'s social media policies, rules, and contractual obligations, set forth in this presentation [and accompanying guidelines/APPROPRIATE POLICIES AND AGREEMENTS].
Avoid posting offensive content, such as:
Sexual comments, racial slurs, and religious or political issues
Presenter Notes:
If a social media post would violate any of the Company’s policies in another forum, it will also violate them online.
Know and Follow Company’s Code of Ethics
Social media activities that relate to [COMPANY] are governed by [COMPANY]'s [CODE OF ETHICS/CODE OF BUSINESS CONDUCT]. You should also be familiar with [COMPANY]'s other policies, which work together with these social media guidelines:
[Information Protection Policy].
[Sexual Harassment/Discrimination Policy].
Presenter Notes:
Disclosing or commenting on [COMPANY]'s confidential business information is strictly prohibited.
Presenter Notes:
This does not include any social media accounts or profiles that are created or used by [exclusively/primarily] for your own personal use[ or personal social media account information protected under [state/[STATE NAME]] law] (we discuss personal social media use later in this presentation).
You should not create, develop, or maintain any company social media accounts without [COMPANY]'s express prior authorization.
You could be subject to disciplinary action for violation of these guidelines.
Violations of these guidelines – particularly in a way could subject COMPANY to liability – will be subject to discipline, up to and including termination
If you are unsure if a social media post or planned action might violate these guidelines, contact [LEGAL DEPARTMENT CONTACT INFORMATION].
Presenter Notes:
For example, an employee speaking about [COMPANY]'s financial prospects or investment merits will likely be assumed to be speaking as a representative of [COMPANY]. In contrast, this might not be assumed if the employee was speaking about a personal topic.
Presenter Notes:
It can be difficult to determine what constitutes nonpublic information. Avoid discussing these topics on social media unless specifically authorized to do so:
Business performance and prospects.
Company’s earnings.
Business plans and strategies.
Corporate transactions (mergers and acquisitions, securities offerings, stock buybacks).
Potential or existing litigation.
Internal or government investigations.
[Under the company's [Regulation FD/[TITLE]] policy, use of social media to disclose material nonpublic information or to satisfy the public disclosure requirement of Regulation FD is prohibited.]
Please note that disclosure of material nonpublic information on a personal social media site, even the CEO's personal Twitter feed or Facebook account, without advance notice to investors and other important steps that the site may be used for this purpose, is unlikely to satisfy Regulation FD.
Regulation FD prohibits companies and persons acting on their behalf from selectively disclosing material information to securities analysts and selected institutional investors before this information is made public through recognized channels of distribution.
Presenter Notes:
Disclosures should be kept balanced by providing full context to avoid material misrepresentations or omissions. Although it is tempting to only tweet highlights, the complete picture must be presented.
To avoid unintentional attribution for third-party content, when liking or retweeting a post by another person or company:
Use a disclaimer. Explicitly state that the content is not the Company's and is in no way endorsed or approved.
Carefully review all hyperlinks and the materials they link to.
Remember the importance of full context and balance: do not link only to positive content.
[Include language explaining why [COMPANY] is providing the link.]
[Use pop-up or exit pages to add disclaimers and make clear that the user is leaving [COMPANY]'s social media environment.]
Presenter Notes:
[COMPANY] does not prohibit social media use that is protected or required by law[, as discussed later in this presentation].
The Company may monitor, intercept, and review employee social media activity conducted using the company's IT resources and communications systems, including social media posts and activities.
Presenter Notes:
Statements made on personal social media accounts by high-ranking executives (for example the CEO or CFO) about [COMPANY] may be attributed to [COMPANY] even if a disclaimer is used.
From the NLRB website: “The law also protects employees’ rights to act together, with or without a union, to improve working terms and conditions, including wages and benefits. These are known as protected concerted activities.”
In April 2020—when the economy was still largely shut down due to the COVID-19 pandemic—a Trader Joe’s employee used social media to criticize customer behavior.
The employee was terminated for violating the employer’s social media guidelines by not making clear that the employee was speaking on his or her own behalf as well as for failure to comply with the company’s employee handbook expectation to “treat all customers with integrity.”
Applying this standard, the Division of Advice reasoned that although the social media posts did not directly disparage the employer, its products, or its services, the “insults toward the employer’s customers—the life blood of a retailer’s business—were likewise disloyal.” In addition to disparaging the employer’s customers, the Division of Advice concluded that the postings had no nexus to a labor dispute, even though the posts related to health and safety at work. The social media posts were therefore not protected by federal labor law.
Applying this standard, the Division of Advice reasoned that although the social media posts did not directly disparage the employer, its products, or its services, the “insults toward the employer’s customers—the life blood of a retailer’s business—were likewise disloyal.” In addition to disparaging the employer’s customers, the Division of Advice concluded that the postings had no nexus to a labor dispute, even though the posts related to health and safety at work. The social media posts were therefore not protected by federal labor law.
In another recent case, the NLRB held lawful many provisions of an employer’s lengthy social media policy banning “inappropriate communications, even if made on your own time using your own resources.”
The following prohibitions under the employer’s social media policy were found to be lawful:
Disclosure of “confidential or proprietary information regarding the company or your coworkers;”
Use of “company logos, trademarks, or other symbols in social media,” and use of “the company name to endorse, promote, denigrate or otherwise comment on any product, opinion, cause or person;”
Posting of “photos of coworkers without their express consent;”
Sharing of employee compensation information on social media; and
Use of “blogs, SNS (Social Networking Sites), or personal Web sites to disparage the company, its associates, customers, vendors, business practices, patients, or other employees of the company.”
Presenter Notes:
Under the Federal Trade Commission (FTC) Act:
Advertising must be truthful and non-deceptive. An advertisement is deceptive if it contains a statement or omits information that is both:
Likely to mislead consumers acting reasonably under the circumstances.
Material (that is, likely to affect consumers' conduct or decisions regarding the product at issue).
Advertisements cannot be unfair. An advertisement is unfair if:
It causes or is likely to cause substantial consumer injury that a consumer could not reasonably avoid.
The injury is not outweighed by the benefit to consumers.
Advertisers must have evidence to back up their claims. An advertiser must have a reasonable basis for all objective product claims before making those claims. If an advertisement indicates a particular level of support for the product claim (for example, laboratory tests or scientific studies), the advertiser must possess the advertised substantiation.
Federal law requires all advertising claims, in any media, to be substantiated prior to making the claim and to include clear and conspicuous disclosure of any information needed to prevent the ad from being false or misleading.
Presenter Notes:
Substantiation for ads placed in social media is no different than substantiation for ads placed in traditional media. What constitutes adequate substantiation generally depends on the following six factors, often referred to as the Pfizer factors:
The type of product.
The type of claim.
The consumer benefit from a truthful claim.
The ease of developing substantiation for the claim.
The consequences of a false claim.
The amount of substantiation that experts in the field believe is reasonable.
Presenter Notes:
The FTC treats statements made by individuals in social media as endorsements requiring disclosure of a material connection if, viewed objectively, it appears that the relationship between the company and the individual is of a type that the individual’s statements can be understood to be sponsored by the company.
The FTC encourages advertisers to ask whether speakers are acting independently or on the advertiser's behalf in their statements about a product or service. If the speaker is acting independently, the statement is not a sponsored endorsement and no disclosure is needed. If the speaker is acting on behalf of the advertiser, the statement is a sponsored endorsement and subject to the FTC’s Endorsement Guides.
The FTC has stated that the relevant facts in this determination vary and cannot be fully set out, but include:
Whether the speaker is compensated by the advertiser or its agent.
Whether the product or service in question was provided for free by the advertiser.
The terms of any agreement.
Other incentives that could make consumers question the credibility of the endorsement.
The previous receipt of products or services from the same or similar advertisers, or the likelihood of future receipt of products or services.
The value of the items or services received.
A personal relationship with the advertiser.
Employee endorsements are considered to be sponsored by the employer. Employment is a material connection. So when employees post endorsements about their employer, or their employer's brands, products, or services, whether for business or personal purposes, they must disclose their status as an employee clearly and conspicuously.
Presenter Notes:
The FTC does not prescribe what language constitutes a clear disclosure of a material connection between an individual and a company. It could be a statement or an unambiguous hashtag. The FTC provides examples of hashtags that are unambiguous and successful and those that are ambiguous and unsuccessful. A hashtag that clearly and fully discloses the relationship between the endorser and the company must still be placed prominently, in close proximity to the endorsement, and a place where consumers are likely to look. Disclosure hashtags should not be buried among other hashtags or in other copy.
Presenter Notes:
The interpretation of a material connection may be broader than expected. For example, giving a blogger a free low-value sample may trigger the disclosure requirement, especially if there is an expectation of additional free samples. Even intangible benefits such as a chance to win a prize could require disclosures.
Presenter Notes:
Although the FTC acknowledges that an advertiser may have no control over statements made by a sponsored endorser, the FTC still believes liability may be appropriate on the general basis that, by incentivizing an endorser to promote the company in social media:
It is foreseeable that a sponsored endorser may make a false claim.
The advertiser has assumed the risk and any potential liability that accompanies this risk.
Presenter Notes:
Even if the link in the message led directly to those disclosures on the Fat-away website, those disclosures would be inadequate if consumers could purchase Fat-away at a brick-and-mortar store or from a third-party online retailer (a retailer that is not affiliated with the advertiser). In either case, they might not click through to the Fat-away website, and therefore would not see these disclosures. Also if a claim is not typical of what consumers will experience, the advertiser needs to disclose the typical results.
Presenter Notes:
The FTC states that although the endorser has primary responsibility for disclosing the connection, advertisers should implement procedures to:
Ensure that endorsers make the disclosures.
Take appropriate steps if an endorser does not make the disclosure.
Presenter Notes:
Because of the large number of people who use social media daily, it is possible to reach a wider audience at a much lower cost. Additionally, because of the interactive nature of social media, people can be engaged for longer periods of time. It is risky to assume that because promotions in social media tend to be more casual than promotions in other media, they do not require the same legal attention or create the same concerns as other types of promotions.
When planning to run a promotion in social media, [COMPANY] must consider:
Legal requirements. Despite their more casual appearance, contests, sweepstakes, and other promotions run through social media are subject to the same laws that apply to promotions in other platforms.
Third-party platform requirements. If a promotion is run on a third-party platform, the platform may have additional requirements that apply. The most popular platforms used for these promotions, such as Facebook and Twitter, have internal requirements.
Consumer involvement. Consumer involvement often presents the most challenging aspect of using social media for promotions, especially when promotions involve user-generated content or consumer involvement in selecting winners. While permitting more consumer input promotes increased engagement, too much consumer engagement can create problems for the company running the promotion.
Presenter Notes:
To avoid or reduce the risk of liability for user-generated content, [COMPANY] must clearly disclose what consumers can and cannot submit. When planning a promotion, time should be taken before launch to think about problems it is likely to encounter and to proactively guard against them. For example, if accepting submissions from entrants, it must be made clear to consumers that they have to submit original content that does not violate any third party's copyrights. If a promotion invites consumers to talk about [[COMPANY]'s products/services], steps should be taken to ensure that entrants do not make false claims about [COMPANY]'s or a competitor's [products/services].
The Digital Millennium Copyright Act and Communications Decency Act provide limited protections against liability for problematic content posted by rogue consumers. However, if [COMPANY] invites these problems, pointing the finger at those consumers is insufficient to avoid liability. When planning a promotion that involves user-generated content, [COMPANY] should:
Carefully consider what consumers are being asked to submit.
Warn consumers against submitting various types of problematic content.
Set up a process to comply with the safe harbor requirements under applicable laws.
Most importantly, while it may be able to escape liability for problematic content posted by consumers, [COMPANY] cannot escape liability for any user-generated content that it uses.
Presenter Notes:
Section 230 of the Communications Decency Act of 1996 (CDA) and the Digital Millennium Copyright Act (DMCA) provide immunity for website operators from UGC claims for:
Defamation, obscenity, and certain other torts.
Copyright infringement.
These laws do not provide safe harbors for:
Trademark infringement.
Violations of publicity or privacy rights.
There is also likely no protection for false or misleading advertising claims if the advertiser had a hand in encouraging them. For example, Quiznos invited consumers to make commercials showing why Quiznos sandwiches were better than Subway sandwiches. Subway sued, arguing that many of the commercials included false claims.
A court held that Quiznos could be liable if it played a role in developing the problematic content and noted that a jury should decide whether the company was involved (Doctor's Assocs. v. QIP Holder, No. 3:06-cv-1710-VLB, 2010 WL 669870 (D. Conn. Feb. 19, 2010)). The case later settled.
Though recent NLRB decisions signal a trend towards greater protection of employers’ business interests (see the above examples), employers should still exercise caution when crafting and implementing social media policies.
However, prohibiting the disclosure of certain information, such as personal medical information or proprietary information and trade secrets is appropriate. However, the policy should include examples of what constitutes proprietary information or a trade secret.
Social media and cultural norms about social media are constantly changing and evolving.