Social Networks - Advantages and Disadvantages

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1 Social Networking: The Good, The Bad, and The Ugly

2 Introductions About SESCO About us Overview of Program Why worry about social media in the workplace? Exactly what is it? Why does it apply to our company? What are potential employment law challenges?

3 Social Media Revolution: Are You Ready? This video, featured on YouTube.com, captures the power of the various types of social media and the role it plays in today s ever changing business world. The Social Media Revolution

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5 What is Social Media?

6 What is Social Media? Online communications in which individuals shift fluidly and flexibly between the role of audience and author and which encourages interaction. Let s simplify.

7 What is Social Media (cont d) Simple definition: Any tool or service that uses the Internet to facilitate conversations Key concept tool, not good/bad, not a solution How you and your employees use it, is up to you Differs from broadcast media because it allows many people to share information with many other people. Each person (or company) has the ability to produce content, lowering the costs and removing the barriers to communication

8 What Are Some Types Of Social Media? Used to be chat rooms or forums Now, includes blogs, podcasts, online videos. Often, these are integrated via social network services, such as Facebook or MySpace, which allow users to share content. Constantly evolving -Twitter is one type of platform limited to messages with only 140 characters (micro-blog) Social media companies may come and go, but the concept will merely evolve, not change

9 Remember: It s Just A Tool Social Media is not new in the sense that we ve been communicating the same concepts for years But the Internet allows for easier, faster, cheaper communication Facilitates communication with people you know but also with people you didn t know. Example: Newsletters vs. RSS Feeds vs. Twitter Fear still pervades Understand the risks, but do not overreact

10 The Basics: Popular Sites for Employers to Understand Social Networks are a big part of social media. These online communities facilitate the communications with friends, between friends and with strangers LinkedIn Facebook Twitter MySpace is still popular in some circles, particularly music (61M users can t ALL be kids) Others (hi5, Bebo, Orkut) fading fast

11 Isn t This Just for Kids? (Not Anymore) Through June 09, Facebook now has 122.5M users LinkedIn now has 43M registered users Twitter has 23M users (16 percent in one month!) 54 percent of Fortune 100 companies use it Smaller companies have been using it effectively (Turkey Hill, Zappos, Dell Outlet) Teens Don t Tweet (20% of Twitter users are over 55!) Overall, number of people using social networking sites has DOUBLED since M adults (1/3rd of population) now visit monthly, up from just 15 percent of adults just two years ago

12 Social Networking and Business

13 Facts About Linkedin An online community (network) featuring business relationships. Users are predominantly business-related 68% are 35+; 66% make $60k+/yr; 72% college grads Main purpose: allow registered users to maintain a list of contact details of people ( Connections ) they know and trust

14 Facts About Linkedin It is primarily used is to build up a contact network (your contacts, friends of contacts, and friends of friends of contacts); can be used to get introduced to someone you know That network can be used to find jobs, people and business opportunities That network can also serve as a recommendation tool Has some controls to ensure that contact with others is limited to people you know or through an existing contact designed to make sure that the contact is ok and trusted

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16 Popular Network Multiple Purposes

17 Facebook The Basics Founded in February 2004 Facebook is another online community that allows people to communicate more efficiently with people they know (or people they d like to know) These friends can share information about themselves ( status updates ), links, photos, music, interests, and just about anything else you can think of What users make public vs. private is key Evolution to a more privacy oriented setup User controls flow of information

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20 Twitter A Micro-Blog Started in 2006 Twitter is a free social networking and microblogging service that enables its users to send and read messages These messages are known as tweets Tweets are text-based posts of up to 140 characters displayed on the author's profile page and delivered to the author's subscribers who are known as followers. Why 140 characters? Note Connections, Friends, Followers same concept Senders can restrict delivery to those in their circle of friends or, by default, allow open access.

21 Multiple Ways to Social Network For some, Facebook is really about the people you know and many use it for their personal friends LinkedIn is about the work people you know or that your friends know (a/k/a Six Degrees of Separation) Twitter is different; there is an audience waiting For companies, this is attractive tool In fact, huge promotional tool where you have something to say Think of it as a soap box in the middle of the world

22 Marketing Through Social Media Powerful marketing tool, if used properly, can drive business to your website and translate into sales. Best of yet, it s FREE. Facebook: user friendly and provides several marketing features. Upload videos, news, contests and promotions of goods and services Post links to your website, create events for your organization (i.e. Open House, Promotions, Seminars etc.), Create sidebar display ads specific to your organization

23 Marketing Through Social Media News Feed and Highlights sections available to all Friends and Fans These links entice users to your profile and customers to your organization s website for additional information. Friends can post comments to the links which will appear on the main page News Feed. In turn, this encourages other users to view the link and post comments as well. Users are now discussing your information and are more likely to purchase services or products, refer others to your website etc.

24 Marketing Through Social Media Myspace: most popular marketing tool because it is flexible Users can build a web page, completely customizable, including links to your organization s website For example: If your business is in healthcare, web pages can provide videos of your facility, staff interviews, list of services provided and links to additional industry resources. Viewers can leave comments about your organization, services and products on the Comments Section

25 Marketing Through Social Media Twitter: is fast and what some find to be addicting. Send your followers updates on events, new products, opportunities with your organization or big announcements.

26 Screening and Monitoring Employees Employers face competing obligations of creating a secure work environment while respecting employee privacy Employers are charged with ensuring a safe and reasonably comfortable workplace for their employees. This requires that employers both engage in a certain level of diligence regarding the people they hire and continue to monitor those who already work for them.

27 Screening and Monitoring Employees Employers may be tempted to utilize blogging and social networking sites for hiring or monitoring purposes because of the wealth of information they appear to offer However, the need or desire to explore the background of and potential risks posed by a prospective or current employee must be tempered: By the potential for violation of laws designed to protect employee rights since Using the Internet to investigate employees an employer can breach any number of privacy, equal protection or fair financial practice statutes However, the statutes and case law aren t clear

28 Communication to Employees Many employers are using social media to stay in touch with employees throughout the workweek. Consider: Policy and Procedure: post changes on handbook policies, operational policies, holiday or weather closings etc. on Facebook, Twitter and Myspace. Contests: create inter-office contests or promotions and track results through social media sites. New Products, Services or Client: Post, blog or tweet about these new and exciting ventures.

29 Community Outreach & Perception Companies are connecting with local charities, civic organizations, vendors and other organizations to provide community outreach and bring attention to upcoming local events Companies are using social media sites to gain opinions and suggestions from the outside community on their organization, products and services View what friends, followers and fans are saying (positive/negative) and make adjustments where appropriate

30 What About Social Media Cases? A female pilot filed hostile work environment and defamation claims against Continental Airlines Derogatory comments were posted about her on another pilot's electronic bulletin (third-party site, not the company s) Pilot won; court ruled that Continental should have known the derogatory comments were posted Demonstrates the potential for employer liability in situations where employee blogging goes unmonitored-yet still provides little guidance in how far monitoring activity should go

31 Social Media Cases Continued In Simonetti v. Delta Air Lines Inc., another flight attendant kept a blog called Diary of a Flight Attendant contained photos, one exposing her bra Delta fired her Simonetti sued for sexual discrimination, alleged that Delta did not punish male flight attendants who might have posted similar material She lost

32 A Confusing Legal Climate Cases illustrate confusion and problems facing employers who monitor Internet, blogs and social media Using social networking sites for screening, promotion purposes poses special problems Facebook, for example may contain demographic data, health information, photos that reveal race or ethnicity

33 Employment Law and Workplace Regulation of Social Networking Regulation of the workplace is up to the employer Employment at Will Electronic Monitoring statutes Discovery and Use in Lawsuits Failure to Protect Trade Secrets Sexual Harassment First Amendment What are the real and practical limits to an employer s regulation of online conduct?

34 Some Specific Possible Legal Violations Title VII of the Civil Rights of 1964 Age Discrimination in Employment Act of 1967 and the Lillie Ledbetter Fair Pay Act of 2009 Age Discrimination in Employment Act of 1967 Americans with Disabilities Act National Labor Relations Act (regarding protected, concerted activity)

35 More Possible Legal Violations Fair Credit Reporting Act (requires disclosure to applicant if information obtained from social networking results in adverse employment decision. (Not advance consent). Computer Fraud and Abuse Act and Electronic Communications Privacy Act if employer exceeded authorized access to obtain data from social network s system (even if employer paid for service according to U. S. Court of Appeals for 9 th Circuit case)

36 More Possible Legal Violations Konop v. Hawaiian Airlines-A V.P. for the airlines accessed an employee s web site containing commentary critical of the companyby gaining permission from another employee with ID and password for the site V.P. violated the law because employee who furnished ID had never used the site, therefore V.P. was not exempt. Demonstrates how employee-instituted privacy protections may prohibit employer access

37 Trust is Key in Policy Development How much do you want to (or should you) trust your employees? You ve always trusted them (more or less) so how is social networking different?

38 Policies or Guidelines? Consider Nordstrom Rule #1: Use good judgment in all situations. There will be no additional rules. Will you list what employees cannot do, or what they can and should do? Will the tone be one of encouragement or caution? Will it be viewed as guidelines or strict policy? Should social media be embraced or kept at an arm s length? And should you even have a policy at all? SESCO believes you should - consider the following facts:

39 According To a New Study Concerning Social Media in The Workplace: 17 percent of companies report having issues with employee s use of social media 8 percent report having actually dismissed someone for behavior on sites like Facebook or Linked In 15 percent have disciplined an employee for violating multimedia sharing / posting policies 13 percent of US companies investigated an exposure event involving mobile or Web-based short message services 17 percent disciplined an employee for violating blog or message board policies

40 Steps Toward Policy Development Consider and discuss Social Media policy Tailor it for your company, culture, business needs One size will not fit all Call centers will differ from medical offices, etc. Encourage proper use with limits A censorship of ALL, leads to rebellion & secrets Focus on work performance; if it suffers because of online time, discipline and manage

41 Practical Steps for Compliance 1. Understand the risks these resources pose 2. Develop a comprehensive strategy that meets your company s needs (fit for culture, nature of business, other company policies) 3. Must communicated to all employees and updated to account for developing technologies 4. Should clearly state prohibited conduct and warn of consequences for violations 5. Employees should be required to put up disclaimers when posting in a personal capacity

42 Practical Steps for Compliance 6. Employers should require express authorization before employees may blog or post in their role as company representative 7. Employers should develop clear rules regarding hiring procedure if they plan to use personal blogs and social networking sites for screening or promotion purposes 8. Wall should be constructed between the ultimate decision maker and individual doing on-line research.

43 In Summary Case law concerning social networking is evolving-will become more intense as social networking continues to grow Lack of legal precedent leaves room for interpretation Better to err on the side of caution Risks to improperly using social networks for employment purposes will likely outweigh additional information these sites will provide

44 Questions? Comments? Thank you for your attention!

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