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.
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.
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.
Charles Krugel's Social Media, Human Resources & Legal Issues Presentation Ma...Charles Krugel
46 slide PowerPoint analyzing human resources & labor & employment law issues in social media in the workplace. Discussion of regulatory agency & court decisions, policies & what companies should or shouldn't do.
Krugel's Assurance University Social Media & Law Presentation May 2014Charles Krugel
Materials from my May 2014 "Sink or Swim With Social Media: Legal Workplace Issues" presentation for Assurance University. It's a 56-slide PowerPoint analyzing court & regulatory agency rulings concerning who owns work-related accounts & content, & what employers can & should do to manager their employee & business' social media activities.
The Complexities and Challenges of Social Media in the WorkplaceBass, Berry & Sims
This presentation includes:
-How to create a clear social media policy for the employer's handbook when social media itself is constantly evolving.
-Different internal policies for the employee's personal social media accounts and the company's social media accounts.
-What is the best way for an employer to enforce its social media policies?
-What is an employer prohibited from doing in relation to social media accounts? Discussion of NLRB guidance.
-What kind of employee conduct is protected? Provide examples of lawsuits and outcomes.
-What should an employer should do if it Googles an employee and finds out an employee is engaged in off duty conduct that is unacceptable.
-What employers need to be wary of when using social media to investigate potential candidates and/or in the hiring process.
-Recommendations for a successful social media strategy.
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
Freedom of expression in the modern workplace - James Tait and Rachel Billen ...Browne Jacobson LLP
James Tait and Rachel Billen take a look at the law relating to freedom of expression at work, and the limits of that freedom, before giving tips on making sure that your policies give you the protection you need.
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
Social Media Law: The Legal Do's and Don'ts of Social MediaShawn Tuma
This presentation provides an overview of social media law, that is, the legal issues involved in using social media. The presentation provides practical examples of how those issues come about in the business world and provides ways to minimize the risks associated with those issues, including the use of social media policies.
Social Media Law: It is Real, and, Yes, It Really Can Impact Your Business - ...Shawn Tuma
This legally focused MENGinar will educate you on the risks of using Social Media along with other digital businesses. It will provide ways to help highlight:
What is social media law?
What are the more common legal issues related to businesses using social media?
How social media law can impact businesses?
What can be done to minimize the risks of those potential legal problems related to using social media?
Do the potential issues raised by using social media mean that it is better for my company to not use social media?
Shawn Tuma is a partner at the law firm BrittonTuma, a full service boutique business law firm that helps clients with all civil matters, including a full range of transaction, litigation, technology, and general counseling services. Shawn’s own broad based experience centers on business, technology, civil litigation, intellectual property litigation, and a unique expertise with cutting-edge legal issues such as computer fraud, information security, and cyber and information law.
Shawn is a frequent speaker on digital business risk issues such as computer fraud, data security, and social media law.
Technology For Inside and Outside Sales - Workshop -CIPH Calgery, Regina Work...Brian Bluff
Description
Sales professionals know that technology has never offered more powerful tools. However, email, phone calls, appointments… often overpower even the most tech savvy sales person. Fortunately, for most of us the answer is in our hand – our smart phone, in the cloud, or on our desk – our computers. Websites, apps, and software are available and promise to solve all of our efficiency problems. But which ones are right for you?
This workshop contains a combination of theory and how to exercises that will teach attendees both the why and how-to of selling with technology in 2014. Attendees will be provided demo’s and discuss how these tools can be applied to improve your bottom line.
Topics Cover in this session include
• Understanding how customers source your products and services today
• How search engine marketing and social media can work together to generate leads
• Using the cloud to better manage your sales team and service your customers and prospects
• Technology tips to increase sales
Charles Krugel's Social Media, Human Resources & Legal Issues Presentation Ma...Charles Krugel
46 slide PowerPoint analyzing human resources & labor & employment law issues in social media in the workplace. Discussion of regulatory agency & court decisions, policies & what companies should or shouldn't do.
Krugel's Assurance University Social Media & Law Presentation May 2014Charles Krugel
Materials from my May 2014 "Sink or Swim With Social Media: Legal Workplace Issues" presentation for Assurance University. It's a 56-slide PowerPoint analyzing court & regulatory agency rulings concerning who owns work-related accounts & content, & what employers can & should do to manager their employee & business' social media activities.
The Complexities and Challenges of Social Media in the WorkplaceBass, Berry & Sims
This presentation includes:
-How to create a clear social media policy for the employer's handbook when social media itself is constantly evolving.
-Different internal policies for the employee's personal social media accounts and the company's social media accounts.
-What is the best way for an employer to enforce its social media policies?
-What is an employer prohibited from doing in relation to social media accounts? Discussion of NLRB guidance.
-What kind of employee conduct is protected? Provide examples of lawsuits and outcomes.
-What should an employer should do if it Googles an employee and finds out an employee is engaged in off duty conduct that is unacceptable.
-What employers need to be wary of when using social media to investigate potential candidates and/or in the hiring process.
-Recommendations for a successful social media strategy.
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
Freedom of expression in the modern workplace - James Tait and Rachel Billen ...Browne Jacobson LLP
James Tait and Rachel Billen take a look at the law relating to freedom of expression at work, and the limits of that freedom, before giving tips on making sure that your policies give you the protection you need.
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
Social Media Law: The Legal Do's and Don'ts of Social MediaShawn Tuma
This presentation provides an overview of social media law, that is, the legal issues involved in using social media. The presentation provides practical examples of how those issues come about in the business world and provides ways to minimize the risks associated with those issues, including the use of social media policies.
Social Media Law: It is Real, and, Yes, It Really Can Impact Your Business - ...Shawn Tuma
This legally focused MENGinar will educate you on the risks of using Social Media along with other digital businesses. It will provide ways to help highlight:
What is social media law?
What are the more common legal issues related to businesses using social media?
How social media law can impact businesses?
What can be done to minimize the risks of those potential legal problems related to using social media?
Do the potential issues raised by using social media mean that it is better for my company to not use social media?
Shawn Tuma is a partner at the law firm BrittonTuma, a full service boutique business law firm that helps clients with all civil matters, including a full range of transaction, litigation, technology, and general counseling services. Shawn’s own broad based experience centers on business, technology, civil litigation, intellectual property litigation, and a unique expertise with cutting-edge legal issues such as computer fraud, information security, and cyber and information law.
Shawn is a frequent speaker on digital business risk issues such as computer fraud, data security, and social media law.
Technology For Inside and Outside Sales - Workshop -CIPH Calgery, Regina Work...Brian Bluff
Description
Sales professionals know that technology has never offered more powerful tools. However, email, phone calls, appointments… often overpower even the most tech savvy sales person. Fortunately, for most of us the answer is in our hand – our smart phone, in the cloud, or on our desk – our computers. Websites, apps, and software are available and promise to solve all of our efficiency problems. But which ones are right for you?
This workshop contains a combination of theory and how to exercises that will teach attendees both the why and how-to of selling with technology in 2014. Attendees will be provided demo’s and discuss how these tools can be applied to improve your bottom line.
Topics Cover in this session include
• Understanding how customers source your products and services today
• How search engine marketing and social media can work together to generate leads
• Using the cloud to better manage your sales team and service your customers and prospects
• Technology tips to increase sales
Presentation by Sara Meaney, co-owner of Comet Branding, a PR+Social Media agency, and Kelly Twigger, owner of ESI Attorneys on the legal implications of social media given at BizTech 2010 in Milwaukee, Wisconsin on April 30, 2010.
A presentation addressing the legal implications of social media.. These issues include privacy, copyright, trademark, and trade secrets issues for employers, employees and ISPs, as well as the SPAM Act and FTC rules. ALL RIGHTS RESERVED. Contact me at dsaper [at]saperlaw.com if you'd like to use the presentation or if you have any questions.
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.
Our government has been busily churning new employer regulations in the past year. This week I presented to a group of management and HR professionals concerning recent developments in this area, including the Equal Employment Opportunity Commission's recent attention to discrimination claims related to pregnancy, sexual orientation and transgender status, gender identity, disability accommodations, and leaves of absence; the Department of Labor's requirements under the new white collar overtime exemption rule; the Occupational Safety and Health Administration's new rule requiring certain employers to electronically report workplace injuries and revealing the agency's position regarding automatic drug testing after an on-the-job injury report; and the National Labor Relations Board's efforts to impact non-union (yes, non-union) workplaces by holding that common rules found in employee handbooks (e.g., expectations regarding confidentiality, audio recording bans, respectful behavior, to name a few) are illegal under the National Labor Relations Act. Many thanks to my colleague Alexis Knapp who shared her original powerpoint with me, giving me the head-start I needed to edit and tailor this to my audience. Feel free to peruse and please don't hesitate to let me know if you have any questions.
What a tweet! - The misuse of social media in health care - Rachael Jellema -...Browne Jacobson LLP
Employment lawyer Rachael Jellema presented this live webinar on the misuse of social media in a health environment.
This session is for anyone who is responsible for or involved in managing employee’s and your organisation’s reputation. Rachael will look at real case studies and discuss best practices that you can adopt to manage your employees’ social media activities and minimise the risk of breaching patient confidentiality.
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
From your hiring practices to social media policies, is your organization compliant with 2016’s changes in the regulatory landscape? Do you have policies and strategies in place that will protect your organization from legal claims and regulatory hassles and headaches? And most importantly, are you ready for the upcoming changes in overtime rules? During this Spotlight webinar, Chicago-based employment law experts, Cary Donham and Heather Jackson, partners at the law firm Taft Stettinius and Hollister, will explore recent changes in workplace laws and regulations that are transforming corporate HR functions. They hope to help you, as HR leaders, to be aware of and prepared for these changes, to mitigate risk and enhance your ability to meet the demands of the workplace in 2016 and beyond.
During this spotlight webinar, attendees will:
Discuss the proposed overtime regulations along with strategies for addressing the new salary basis regulations.
Recognize multifaceted approaches to implementing and enforcing corporate social media policies while complying with the National Labor Relations Act.
Develop an understanding of best practices in employee pre-hire activities and the potential implications on their organization’s talent acquisition strategy and processes.
Social Media Boot Camp - HARDI Sales And Marketing Conference 2015Brian Bluff
B2B social media requires a higher-level understanding of how the search and social pieces of the digital marketing pie fit together. This session explores how search, social and content marketing can be combined to form a winning solution for manufacturers and distributors serving B2B markets.
Technology For Personal Efficiency - HADRI Sales And Marketing Conference 2015Brian Bluff
With so much new technology available, certainly there are tools to help make us more efficient. This presentation takes a look at issues preventing us from being on top of our organization game and provides tip and trick to become organized and do better work.
UID 2015 Presentation - Online Marketing - Where's it going? How to win.Brian Bluff
Since the late 1990’s, manufacturers and distributors have witnessed a tremendous change in marketing technology (search, social, email, etc.). Those that embraced the change have reaped the rewards, and those that ignored it struggle to exist.
But now, this technology, which provided early adaptors a leg up, has changed again and many manufacturers and distributors have seen their hard fought gains evaporate.
Today Google’s ranking preference for big brands and sites with rich high-quality content, coupled with the social platforms tightening up of organic (non-paid) reach in pursuit of viable “pay for play” revenue models favor large sites/companies and threatens the traditional distributor model.
Building a simple website and tweeting a few times does not constitute a good online strategy. Today online marketing is traditional marketing, strategy is more important than ever, and developing a solid comprehensive plan is the way forward. But where is it all going? When does marketing revolution become evolution?
This session will explore where we are now, what’s coming next, and how to prepare your company to compete in 2015 and beyond. You’ll learn what content prospects and customers want, how to measure success, and how to get started.
Social Media for B2B Companies - Good Idea or Waste of Time - CIPH Regina key...Brian Bluff
Description
Social media is an effective and affordable way to expand the reach and strength of your brand. Yet, many B2B companies think of it as the folly of children and have been slow to jump aboard. This session will explore:
• How B2B companies can use social media to deliver powerful cost effective results.
• The top objections company leaders have to participating in social media and why they should reconsider.
• How Google's amplified focus on quality original content and social media work together to create an incredible opportunity.
• What you can measure and what you should expect in return.
• Getting started - planning an integrated Internet marketing program.
Who Should Attend
• CEO's/Presidents/Owners
• Sales and/or Marketing Managers
• Webmasters
Technology and Business Growth! - What Companies Need To KnowBrian Bluff
CIPH Winnipeg and Edmonton Industry Dinner - Speaker Brian Bluff:
The tools and processes needed to run a prospering and profitable business have changed and our work and personal lives are busier than ever. Brochures, phonebooks, and paper planners have been replaced with websites, search engines, and apps. Further, the development of strong and enduring relationships and networking opportunities can now be accomplished online through social media.
Certainly, technology offers many solutions to reduce cost and improve efficiency. But which solutions are right for you? Where do you start?
Topics Cover in this session include:
• What efficiencies do we need most,
• Email tips to save time,
• Apps to organize your life, and
• Using technology to increase sales and improve efficiency.
Successful Website Marketing - Buyer Personas, Google Analytics and Google We...Brian Bluff
Website marketing starts with good solid upfront planning. The buyer persona process enables site owners to better understand the needs and wants of visitors and therefore develop websites that better serve these visitors.
Once a site is launched, various data sources can be used to analyze performance. Google Analytics and Google Webmaster Tools are keys to effective performance measurement.
This presentation provides real life examples of how Site-Seeker used these tools to first build and then improve website performance.
Social Media for HR (Human Resources) RecruitingBrian Bluff
Overview of social media for recruiting
- FB: July 2011 more than 800 million users
- Twitter: Microblogging (140 characters). Launched July 2006. 300 million users as of 2011. Generating over 300 million tweets and 1.6 billion search queries per day. The SMS of the Internet.
- Linkedin: Launched in May 2003. 120 million users in 200 countries. 33.9 million unique visitors in June 2011.
- Google+: Launched 6/28/2011. G’s fourth foray into social networking (Google Buzz, Google Friend Connect, Orkut. 62 million users by 12/27/2011 (25% joined in Dec 2011 alone). Add 625,000 users per day.
- Youtube: Created in feb 2005. Bought by Google in 11/2006 for $1.65 B. 2nd largest search engine in the world.
Relationship between social media platforms.
Use of FB, LI, Twitter, and G+ for recruiting.
Social Media as a force multiplier.
By Brian Bluff, Site-Seeker, Inc. @brianbluff
Importance of Social Media Policies - Critical ComponentsBrian Bluff
Importance of Social Media Policies - Understanding Critical Components
By Crystal Smith; Senior Consultant - Integrated Media for Public Relations of Strategic Communications, LLC.
CenterState CEO Internet Marketing for Business Presentation by Joe Romanelli, President, Romanelli Communications
Social Media, Saranac Beer Case Study
Legal Aspects Relating to Social Media in the Workplace
1. Southern Tier Association for Human
Resources
Legal Aspects Relating to Social Media in the
Workplace
January 11, 2012
Colin M. Leonard, Esq.
Bond, Schoeneck & King, PLLC
Attorneys at Law Since 1897
3. Where to begin…
• Can I search social media content as part of the
hiring process?
• Can/should I access/monitor employee social
media posts?
• Can I discipline/terminate employees for what
they say/do on social media?
4. Can I use search social media content as
part of the hiring process?
• Yes.
• However, there are some legal concerns of
which you should be aware. Namely:
– Title VII
– ADEA
– ADA
– NLRA
– FMLA
– GINA
– NYHRL
5. Use of Social Media in Hiring
• 56% of employers use social media to screen
potential job candidates*
– Up from 34% in 2008
– 20% plan to use social media in the future
• What is being searched?
Facebook – 58% Twitter – 42%
LinkedIn – 95% Other –6%
MySpace – 3%
* 2011 Society for Human Resource Management Survey
6. What Caused Employers to
NOT Hire a Candidate
Inappropriate photos/information 53%
References to drug/alcohol abuse 44%
Negative comments about previous employers/clients/ 35%
coworkers
Poor communication skills 29%
Discriminatory comments 26%
Misrepresentations about job experience 24%
Confidential information concerning previous employer 20%
* June 2009 CareerBuilder Survey
7. Can/should I access/monitor
employee social media posts?
• Yes.
• However, there are legal concerns that you
should be aware of. Namely:
– Electronic Communications Privacy Act
– New York Wiretapping Law
– Stored Communications Act
8. Electronic Communications
Privacy Laws
• Electronic Communications Privacy Act
– Prohibits intentional, unauthorized, interception and
access of wire, oral or electronic communications
(including e-mail)
• New York Penal Law Section 250
– Wiretapping Law (Class E felony)
– Prohibits monitoring, intercepting or accessing electronic
communications without consent of one of the parties
9. Consent is Key
• Consent to
– Intercept, monitor, access, disclose
– Voice mail, telephone, e-mail, Internet, computer files
• May be express and/or implied
10. Stored Communications Act
• Prohibits intentional and unauthorized access of
wire or electronic communications while in
electronic storage
• Does not apply to:
– Provider of wire or electronic communications service
– User of that service
• Employee may have privacy claim where an
employer accesses a restricted social network
11. Case Study
• Employee creates and maintains MySpace account to talk
about all the crap/drama/and gossip occurring in our
workplace, without having to worry about outside eyes
prying in
• Access by invitation only and given to select coworkers
• Managers hear of MySpace account and ask coworker with
access to provide his login information
• Managers use coworkers access information to access
forum
• After viewing the forum and its discussion of sexual and
criminal acts and fantasies pertaining to coworkers and
customers, employee was fired
(cont d)
12. Legal Concerns
• Did the managers have the right to gain access in
this manner?
– Did the coworker freely share the login information?
– Did the coworker have the authority to share his/her
access to the managers?
13. Can I discipline/terminate employees for
what they say/do on social media?
• Yes.
• However, there are some legal concerns you
should be aware of. Namely, the National Labor
Relations Act s protection of protected,
concerted activity.
14. Employee Discipline for Social
Media Conduct
• 24% of employers have disciplined an employee
for violating social media policies
– Up from 17% in 2009
• 11% of employers have dooced an employee
– Up from 9% in 2009
*2011 Proofpoint Outbound/DLP Study for E-mail Security
15. NLRA
• Section 7 provides that employees shall have the
right . . . to engage in other concerted activities for
the purpose of collective bargaining or other
mutual aid or protection . . . .
• Section 8 makes it an unfair labor practice for an
employer
– to interfere with, restrain, or coerce employees in the
exercise of the rights guaranteed in [Section 7] . . . or
– to discharge or otherwise discriminate against an
employee because he has filed charges or given
testimony under this subchapter . . . .
16. NLRB Action – To Date
• Fielded 129 cases involving social media
• Reviewed 117 charges
• Issued 4 complaints
• In August, Office of the General Counsel issued
a 23-page report concerning NLRB social media
cases
17. When is a social media post
protected?
• When it is posted by a nonsupervisory
employee; and
• Constitutes protected, concerted activity.
18. Concerted Activity
• Activity is concerted when an employee acts with
or on the authority of other employees, and not
solely by and on behalf of the employee himself.
• Considerations:
– Did the employee appeal to co-workers for assistance?
– Did employees discuss the issue before or
contemporaneous with the online posting?
– Did employees raise the concern with management
(online or off)?
– Was there an online discussion with coworkers?
19. Protected Activity
• Protected activity includes a broad range of
conduct that relates to wages, hours, working
conditions, and other terms and conditions of
employment , or banding together for mutual aid
or protection .
20. Does protected, concerted
activity ever lose its protection?
• Yes.
• Activity may lose its protection if it is
opprobrious or disloyal, reckless, or
maliciously untrue .
• Considerations:
– where the discussion occurred (i.e., in the workplace)
– subject matter of the discussion
– nature of the outburst
– whether the outburst was provoked by a ULP by the
employer
21. Lawful or Unlawful?
• Five employees engage in a discussion on Facebook
regarding job performance and staffing level issues, after
one of the employees requested assistance in preparing for
an anticipated meeting with management about these
topics.
• Employer terminated all five employees.
→ NLRB found:
→ discussion was textbook concerted activity
→ activity was protected because it related to terms and
conditions of employment
→ swearing in posts was not sufficient to cause the post to lose
protected status
(cont d)
22. Lawful or Unlawful?
• Employee car salesman posts photographs and sarcastic
commentary on Facebook criticizing the less than luxurious
food and drink served by his employer, a luxury car
dealership, at a kickoff sales event.
• Employer terminated the salesman.
→ NLRB found:
→ termination was unlawful.
→ conduct was protected as it related to impact of cheap car dealer on
commissions
→ conduct was concerted as employee was vocalizing sentiments of co-
workers about commissions, that were previously expressed at a
meeting regarding planning for the event.
23. Guiding (Yet Fluid) Principles
• Social media posts by nonsupervisory employees
concerning a workplace concern that generate
comments by other employees will likely be protected.
• Even if no other employees respond, the post is likely to
be found protected if:
– the post is on a site designed to be seen by fellow
employees,
– there is a clear intent to initiate or further group action,
and/or
– the issues has been presented to management and/or
discussed with fellow employees.
(cont d)
24. Guiding (Yet Fluid) Principles
• Purely personal gripes or posts directed at
nonemployee relatives/friends, even about work-
related issues, may not be protected.
• Disparaging comments and profane, rude or
vulgar language may be protected.
25. What do you need to do to
address these concerns?
• Exercise extreme caution when disciplining/
terminating an employee for social media
conduct.
• Consult with counsel to insure compliance with
applicable law.
26. Supervisory Personnel
Friending Subordinates
• Benefits –
– Builds stronger connections
– Stronger team results
• Drawbacks –
– May learn information you never wanted to know
27. What do you need to do to
address these concerns?
• Educate supervisory personnel
• Recommend personal/professional dichotomy
– Personal – Facebook
– Professional - LinkedIn
29. FTC Rules
(Effective December 1, 2009)
• If an employee posts a blog about an employer s products
or services, the employee must disclose his or her
relationship to the manufacturer as it will likely effect the
weight or credibility of the endorsement.
– In 2009, NY Attorney General received $300,000 from a cosmetic
surgery operation where employees pretended to be satisfied
customers who experienced great results.
• Take Aways –
– if employees permitted to blog about employer s product or service,
require clear and conspicuous disclosure of relationship to
employer.
– Employees should be required to disclose that they are not
authorized to make statements on behalf of the employer, unless
they have been designated.
– No astroturfing, i.e., encouraging employees to make artificial
claims of falsely positive information.
30. FLSA/Wage & Hour Concerns
• Accessing employer s network from home or
through mobile device may be working time
• Take Aways:
– Exercise caution granting such access to nonexempt
employees
– Establish policy to address nonexempt employees
performing work outside scheduled hours
31. EEO Laws
• Anti-discrimination laws implicated where:
– adverse employment decision is based on protected
status
• access to this information could taint otherwise
defensible decision
– social networking used to harass employees
• Anti-retaliation laws implicated where employee
utilizes social media to informally protest or oppose
discriminatory practices
32. OSHA s Distracted Driving
Campaign
• OSHA has announced it will issue a citation to any
employer that requires texting while driving or who
organizes work so that texting is a practical
necessity.
• Fines could be as high as $7,000 for a serious
citation, or $70,000 for a willful citation.
ü Take Away - Inform employees through your handbook
or a separate written policy that texting while driving –
either company vehicles or personal vehicles using
company-issued phones – is strictly prohibited.
33. Social Media
Are You Prepared?
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Annual Statewide Conference For HR Professionals
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June 21, 2012 May 31, 2012 May 23, 2012 June 28, 2012
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June 13, 2012 May 16, 2012 May 18, 2012 June 7, 2012
35. All rights reserved. This presentation
may not be reprinted or duplicated in any
form, without the express written
authorization of
Bond, Schoeneck & King, PLLC.