Legal Updates (Employment): Social Work. Kirk W. Mylander, Pre Loss Attorney, CIS
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1 Legal Updates (Employment): Social Work Kirk W. Mylander, Pre Loss Attorney, CIS 2010 CIS Annual Meeting & Risk Management Conference February 3-5 th, 2010 ٠ Embassy Suites ٠ Tigard, Oregon
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3 Time Americans spend on Social Networking increased 88% from 2008 to the present 22% of employees self report using Social Networking 5+ times per week at work 15% admit using Social Networks while at work for personal reasons
4 By the end of 2008, Social Networking surpassed in terms of world wide reach Social Networks & Blogs account for 67%+ of all online activity What is the remaining 33%? Nearly ½ of employees in study by Boston IT advisory firm, Nucleus Research, use Facebook during work hours 2 hours per day.
5 Can an employer insist that an employee s Facebook page name an employer representative as a friend so it can be closely monitored?
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7 Nucleus Research found that employees with access to Facebook lose an average of 1.5% in total worker productivity Proofpoint Study (Internet Security Firm) found: 17% of having problems with employees & Social Networking 8% have fired employees for Social Networking 100% increase from 2008 to 2009
8 15 percent have disciplined an employee for violating multimedia sharing / posting policies 13 percent of US companies investigated an exposure event involving mobile or Webbased short message services 17 percent disciplined an employee for violating blog or message board policies Factors: 1. Employers more closely monitoring Social Networking sites; and 2. Employees continuing to utterly fail to use common sense when posting about work life
9 Paramus suspends employee for Facebook posting By Paul Cox/The Star Ledger January 21, 2009, 6:31AM Petronzio posted a greeting on Monday, Martin Luther King Day, saying, "Chris would like to wish everyone a happy James Earl Ray day." Ray is the man who assassinated King. The page also included a Kentucky Fried Chicken ad superimposed on a picture of the White House and a racist slur referring to Obama. Facebook Example: Insurance Co. employee claimed she needed to be away from her computer monitor and bright light, so stayed home sick. She was spotted actively using Facebook, and fired. Company said Trust Issue Employee said Spying Issue & only iphone Access
10 Delta flight attendant, Ellen Simonetti, Blog Photos of Herself in Uniform Fired She sues for sex discrimination Claimed male colleagues with questionable material on their blogs went unpunished Legal Issues: Free Speech Matter of Public Concern? Privacy Any expectation of privacy on the Internet? Workplace activity None workplace activity Tide is Changing Direction Konop v. Hawaiian Airlines Inc., 502 F3d 868 (9 th Cir. 2002) Company does not have unfettered right to access and review contents of personal website Website was password protected Plf/pilot did have expectation of privacy
11 California and New York Off Duty Activity statutes So far, akin to political activities and similar to freedoms public employees already have. Some Employers Encourage Social Networking and Blogging Reaching Out to Customers & Community Zappos Employees Stalking Customers on Twitter Social Networking Policy? Off Duty Conduct Policy? Reminders to locate your common sense
12 Issues to Address, Either Way: 1. Views of the person are not ever attributed to the public body 2. Posts must comply with existing policies re harassment and discrimination 3. Posts must comply with existing policies re confidentiality and improper disclosures 4. Online activities must not interfere or negatively affect work tasks or public body 5. Employee must not reference public body, or its services 6. Must adhere to all copyright laws 7. City / County logos should not be used 8. Keep a firm grasp on your common sense
13 Thank You
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