Social Networking Risks and Rewards

Transcription

1 Social Networking Risks and Rewards Presented By: Amber Richard, Director of Interactive Marketing, YMCA of the Greater Twin Cities Natalie Lenz, Human Resources Generalist, YMCA, of the Greater Twin Cities Yvonne Shorts Lind, J.D., HR Consultant, Associated Financial Group

2 Social Networking Poll How many users on Facebook worldwide? Answer: Over one billion What percentage of 18 to 24 year-olds Answer: 98% What percentage of companies use social media to recruit employees? Answer: More than 90%

3 Scope of Social Networking

4 Benefits + Rewards

5 Benefits + Rewards Awareness/Branding + PR Member Service + PR Trends + Member/Supporter Feedback Member/Supporter Education Fundraising Communication Faster/Efficient Recruiting Employee Training Speed

6 Leveraging SoMe at Ys

7 Leveraging SoMe at Camps

8 SoMe Structure at the Y Decentralized: Y s and Camps Centralized: YMCA of the Greater Twin Cities Policies Human Resources Protocols - Marketing Training

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10 Social Networking Websites

11 Types of Data Stored Information maintained in data systems often represents highly confidential and sensitive information: Financial Medical Social Security Numbers (DOB, maiden name) Credit information Immigration documentation Intellectual property (patents, trademarks and copyrights)

12 Data Breach Risks Confidential information can be exploited for many purposes Identity theft Identity fraud Medical fraud Personal or professional gain Industrial sabotage Harm to reputation or good will

13 Social Networking Risks Social Networking Websites (SNW) pose risks for unprepared employers Lines between personal and professional lives are blurred Employee s use on company time can cause lost productivity (estimated to be as high as 2.25b annually) 43% of employees access SNW at work 50% of employees are searching for a new job while at work Only 26% of employers surveyed recently block SNW at work» Social Networking and Reputational Risk in the Workplace: Deloitte LLP 2009 Ethics & Workplace Survey Results

14 Social Networking Risks Employee s use on/off company time can cause harm to company s reputation/brand 74% of employees surveyed believed it is easy to damage a company s brand or reputation via sites such as Facebook, Twitter and YouTube 15% of employees would comment via SNW if employer did something they didn t agree with 37% of employees don t consider what their boss or colleagues would think when posting 34% don t consider impact on their clients before posting» Social Networking and Reputational Risk in the Workplace: Deloitte LLP 2009 Ethics & Workplace Survey Results

15 Social Networking Risks Employee s use on/off duty time can cause potential liability to employer Harassment of co-workers, clients and/or vendors Defamation of colleagues or third-parties (i.e., members) Basis for discrimination claims Breach of confidentiality or other proprietary information Negligent references Violations of non-compete, non-disclosure and non-solicitation agreements

16 Social Networking Risks Employer s use of SNW can also cause potential exposure when used for hiring or other employment decisions Sites reveal protected class status and not always true persona Sites can reveal unauthorized or inflated references from former colleagues Harm to employee morale 66% employers believe they have right to know how employees portray themselves While 53% employees believe their SNW are none of employer s business

17 Facebook: Over 1b active users and more than 200m users access FB through their mobile devices. 700b minutes per month on FB. Average person has 130 friends.

18 SNW Risks - Legal Minefields Privacy laws (federal and state) Social Media Login laws banning employers from asking employees for user names, passwords and other social media information Maryland, Illinois, California Whistleblower statutes Federal and state statutes protect an employee s ability to raise legitimate concerns about the occurrence of illegal or unethical activities State Off-duty statutes Minnesota and Wisconsin protect employees use of lawful consumable products outside work

19 Legal Minefields NLRA Rights National Labor Relations Act (NLRA) Applies to union and non-union employers Enforced by the NLRB Section 7 of NLRA gives employees right to organize unions, collectively bargain and to engage in other concerted activities for purposes of collective bargaining or other mutual aid or protection. Concerted activity is when two or more employees come together to discuss terms and conditions of employment (wages, benefits, work hours, safety, dress codes, disdain for management)

20 Legal Minefields NLRA Rights Section 8(a)(1) prohibits an employer from interfering with employees who engage in concerted activity. Concerted Activities Must involve more than one employee but An individual employee may act on the behalf of other employees in furtherance of a common workplace interest Concerted activity is not action taken solely for one s personal purpose

21 Legal Minefields NLRA Rights Activity is considered for employees mutual aid and protection when the activity seeks to improve the terms and conditions of employment. Activities do not need to be related to unions or collective bargaining to be considered activity for the purpose of mutual aid and protection. Activities that are Not Protected under Section 7 Activities that are violent, unlawful, in breach of contract or unjustifiable disloyal For example, violations of an employer s harassment policy is not protected

22 Legal Minefields NLRA Rights NLRB has held that some standard employer policies violated section 8 of the NLRA because the policies would reasonably chill employees exercise of section 7 rights Explicit Implicit: 1. Employees would reasonably construe to prohibit Section 7 activity; 2. Rule created in response to union activity; or 3. Rule applied to restrict exercise of Section 7 rights

23 NLRA Section 7 Rights NLRB has found no concerted activity where: Employee did not discuss issue with co-workers before or after post (either verbally or via social media) Social Media post did not arise from common concern of employees Employee s activity was so egregious so as to lose protection under the Act Employee s posts were expression of an individual gripe, rather than activity sought to induce or incite group action

24 Legal Minefields NLRA Rights Employer Policies Held to Violate Sect. 8 of the NLRA: Restricting employees from posting pictures of themselves depicting the company Courtesy rule prohibiting disrespectful language that injured the image or reputation of the company Prohibiting on posting, distributing, removal or alternation of any material on company property regardless if during non-work time Banning employees from discussing private matters... Including sick calls, leaves of absence, FMLA call-outs, ADA accommodations, workers compensation injuries, personal health information Restricting discussion of sensitive information which included payroll information Prohibiting employees from sharing the names, addresses, phone numbers and addresses of co-workers

25 SNW Best Practices Best practices for social networking for workplace Consider blocking access during company time but evaluate your corporate culture and business needs first Limit use during company time to only employees with business need (marketing, sales) Train all managers and employees who use SNW for work purposes regarding proper and improper uses Review confidentiality, non-compete and non-solicitation policies and agreements Monitor compliance

26 SNW Best Practices Post detailed policy regarding use on and off work No expectation of privacy Control what can and cannot be posted about employer (comments, photos, references, videos, company information) Include consequences for violating policies Ensure policy is narrowly tailored (NLRA) Evaluate and reinforce other workplace policies (unlawful harassment, code of conduct, EEO and workplace monitoring). Consider open door and union avoidance and/or employer of choice type policies and practices Evaluate boundaries between managers and direct reports being connected on SNW

27 QUESTIONS?

28 Thank You!