Transcript ANNUAL UPDATE OF LABOR AND EMPLOYMENT LAW

SOCIAL MEDIA . . .
“THE BALANCING ACT”
Julia Zunich and
Paul D. McFarlane
April 12, 2011
Z Group PR
Moffatt Thomas
What Is Social Networking?
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Facebook, MySpace, LinkedIn,
Twitter, YouTube
Blogs
Definition
 “Social networking” means communicating with
others over the Internet for social, professional,
or other purposes on sites such as Facebook,
Twitter, LikendIn, YouTube, and MySpace. It
can also occur on “media sites” that are offered
by television networks, newspapers, and
magazines, and permit readers to post
comments. Social networking also includes
participation on listservs and authoring or
posting on Web logs (blogs).
By the Numbers
 Facebook: 400 million users worldwide
 MySpace: 180 million users, 50 million
posts a day
 LinkedIn: 50 million users
 Windows Live Spaces: 120 million users
*Population of U.S. in June 2010 per Census Bureau: 309.5 million
The New Normal
 How does the social media
communications revolution affect the
workplace and the work of HR?
HR Leading the Charge
 Set the social media "rules of
engagement" within organizations
 Social media is here to stay, what is the
"happy medium"?
Are Employers Using
Social Networking?
 79% of Global Fortune 100 Firms use at
least one social media platform:
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64% use Twitter
54% use Facebook
50% have a YouTube channel
33% use corporate blogs
Why Are Employers Using
Social Networking?
 Develop a corporate brand or image
 Launch new promotions
 Improve customer access
 Monitor competition
 Recruiting
 Learn what employees are doing away
from work and learn more about their
background
Social Networking Policies
 26% of Employees say their Employer
has a social networking policy
* Wall Street Journal Survey
 29% of Employers have a “formal policy
regarding employee use of social
networking sites.”
* Manpower Survey
Planning Ahead
 What are some of the potential
landmines that organizations need to be
aware of when it comes to social
media?
Laws That Impact
Social Networking
 Privacy Laws
 Off Duty Conduct Statutes
 Stored Communications Act
 National Labor Relations Act
 Title VII and other Anti-Discrimination
Laws
 Others
Privacy Laws
 Invasion of privacy
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Must prove information obtained was
private
If viewable by world at large, then not
private
Invitation access may be “private”
Pietrylo v. Hillstone Restaurant Group,
Civil Case No. 06- 5754 (DNJ 2008)
 Reasonable expectation of privacy
 Stored Communications Act,
18 USC §§ 2701-11
 Was there consent?
City of Bozeman
 Heavy Internet Policy
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Bozeman required applicants to submit
user ID and passwords to social
networking sites
 Goal – Avoid negligent hire
 Did the City of Bozeman go too far?
Guidelines for Establishing a
Social Networking Policy
 Expect your employees to use these sites
 Many different federal and local state laws
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apply
Limit searches to professional sites
Using what you find: be consistent
Publish your policies
Educate employees
Train managers
Monitor the Web about your company
Internet Screening
by the Numbers
 79% of surveyed U.S. employees used
the Internet to screen applicants
* Microsoft “Privacy Day” Survey, January 2010
 75% of those employers had a screening
policy in place
The C-Suite
 HR teaching the C-suite how to lead
enterprise social media engagement for
their organizations
For Further Information or
Questions, Please Contact:
Julia Zunich
Z Group PR, Inc.
950 West Bannock Street
Suite 1100
Boise, Idaho
83702
[email protected]
208.319.3554
Paul D. McFarlane
Moffatt, Thomas, Barrett,
Rock & Fields, Chartered
101 S. Capitol Blvd., 10th Floor
Post Office Box 829
Boise, Idaho 83701
[email protected]
208.385.5429
1.800.422.2889