Total Articles: 132
Is Facebook Bad For You?
A batch of new studies indicates that Facebook may be harmful to your mental health.
Social Media in One Word
How HR and business professionals really feel about social media
Quarterly Social Media Index
Facebook, Google Plus, LinkedIn, Twitter, YouTube: Who's really using what and how?
Laura Sack on FTC’s Revised Endorsement Guides’ Impact on Social Media
What impact do the FTC’s Revised Endorsement Guides have on the way people endorse their favorite products and services? In the context of social media, says Laura Sack, Shareholder and member of the firm’s Labor and Employment practice area, quite a bit.
Who Owns Your Twitter Account?
We’ve talked before about who owns social media profiles, content, etc. (see Who Owns Your Company’s Social Media Profiles, Contacts and Content?), but we had not seen much guidance yet from the courts. This may be starting to change.
When an Employer Posts to Employee's Facebook and Twitter Accounts, Bad Things Happen
Employers and social media--boy oh boy, new problems seem to crop up daily. One of the more recent problems is ownership of social-media accounts. The decisions are mixed. For example, one court ordered an employee to return social-media log-in and password information to his employer. But when an employee files suit against his employer for using a social-media account that the employee claims for his own, the tables can turn.
Ready to Dump Facebook?
Have you ever thought of quitting Facebook? Are you one of the holdouts who never started using it in the first place? Well, you’re not alone, and if you want some moral support, check out the New York Times article, The Facebook Resisters.
More Social-Media Woes for School Districts
Continuing the theme from yesterday, here is another story of the impact social media is having on educators. This story is a follow-up to the post written last month by Michael Stafford, No First Amendment Protection for Teacher's Facebook Posts. By way of recap, Jennifer O'Brien was a first-grade teacher in a largely black and Latino school in Paterson, New Jersey, posted on Facebook that she felt like a "warden for future criminals," as reported by NPR.
Social-Media Woes for School Districts
Teachers' use of social media continues to make headlines. NPR reported on a recent incident in New Jersey, involving Union High School teacher, Viki Knox. Knox was suspended in response to outrage surrounding comments she'd posted on her Facebook page.
Social Media Usage Increases Cyber Risks – A Competing Point of View?
This post is the last in a series of three addressing recent social media surveys. If you recall, last week we discussed the findings of a new survey conducted by TELUS and the Rotman School of Management. That survey concluded that an outright ban on social media usage increased a business’ risk for cyber intrusion by approximately 30 percent.
New Statistics on Social Media At Work – Who’s Using It and Is It Effective?
To continue our conversation about recent studies on social media, I recently ran across a survey done by the Society for Human Resource Management (SHRM) on Social Media in the Workplace. SHRM surveyed a wide cross section of industries and a range of company sizes and locations. Here are some of tidbits from the survey that I found interesting:
Fitness Instructor Fired for Big Mac Tweet
Some employees take their work more seriously than others. Take Grant Hill, for example. Hill worked as a cycling instructor at Life Time Fitness in Rockville, Maryland, one day a week, according to the Washington Post's Capital Business Blog. On November 6, after arriving at the gym, Hill saw a coworker preparing to eat lunch. Although a workday meal is not usually a particularly interesting event, Hill was particularly interested in this lunch because it came from fast-food restaurant, McDonald's.
A New Twist on Business Security – Banning Social Media Can Increase Security Breaches?
In the next week, we will write a series of posts on recent studies about the impact of social media use on business. The first involves the impact of banning access to social media sites on system security. As we often discuss with clients, it is important to consult marketing, human resources and IT (at the very least) when making decisions about social media use. We think these studies will demonstrate why.
Ex-Employee Must Return Social-Media Log-In Info to Employer
What happens to an employer's social-media accounts when the employee tasked with managing those accounts leaves the organization? I asked that question in a recent post, Who Owns Your Company's Twitter Account? A recent case from the Southern District of New York, Ardis Health, LLC v. Nankivell, offers an answer.
Who Owns Your Company's Twitter Account?
Many employers use social media for a variety of purposes. I am currently in Las Vegas to speak at the Advanced Employment Issues Symposium, where there will be several sessions on how best utilize social media for recruiting and hiring, employee engagement, and as a corporate-communications tool. I'm looking forward to hear about the ways that employers can take advantage of sites like Twitter and LinkedIn for all of these purposes.
Facebook Firings Continue – Tenured Teacher Fired for Facebook Post
A New Jersey administrative law judge recently ruled a tenured first grade teacher should lose her job for a post on Facebook. The Record newspaper, Paterson teacher suspended for Facebook post should be fired, judge rules, reported that Jennifer O’Brian referred to her job as a “warden for future criminals” on Facebook. In addition to finding the comment highly insensitive given the poverty and violence that plagued the school district, Judge Ellen Bass also found the district’s need to operate the school efficiently outweighed Ms. O’Brian’s first amendment’s right to free speech. O’Brien apparently testified that she posted “in exasperation because several students kept disrupting her lessons and one boy had recently hit her.” MSNBC, Judge: Facebook post should cost job of teacher.
No 1st Amendment Protection for Teacher's Facebook Posts
Facebook has landed another public school teacher in hot water. An administrative law judge in New Jersey has recommended that a school district terminate Jennifer O'Brien for her Facebook posts, in which she referred to her first-grade students in Patterson, New Jersey as "future criminals" and analogizing her job to being a "warden" in a Facebook post.
Unauthorized Employee Recommendations, References on Social Media May Put Employers at Risk
Employers are beginning to realize that their employees are sending or receiving recommendations on social media sites, such as LinkedIn, about co-workers’, vendors’, and customers’ work performance or services that are inconsistent with the employer’s policies. Worse yet, they may even be providing false or fraudulent information. Employers need to take a hard look at their employees’ recommendations on social media.
When Plaintiffs Post About Their Case on Facebook
In April 2011, a jury awarded Shana Maron $86,000, after finding that she was paid less than her former male colleagues in Virginia Tech's Office of University Development. In June, U.S. District Court Judge James Turk threw out the verdict and ordered a new trial, reports Roanoke.com.
Facebook – a New On-Line Job Fair?
The U.S. Department of Labor recently announced a partnership with Facebook to help the roughly 14 million unemployed workers find employment. For those of you in the recruiting and HR world, you know the unemployed face an uphill battle.
Court Denies Reinstatement to Teacher Fired for Facebook Posts
Ashley Payne resigned from her job as a teacher at Apalachee High School after the school received a complaint about pictures Payne had posted on her Facebook page. The pictures were a long way away from the type of risqué photographs we normally expect to see in a typical "Facebook firing."
Old School and Social Media
Do you remember the good old days before the Internet? A time when books, magazines and journals were the best places to get your questions answered? A time when “Google it” was a term no one recognized, much less a verb most everyone uses on a daily basis? Did you think those days were gone? Well guess again. Four new monthly magazines dedicated to helping businesses with the tools of social media will shortly go on sale. Each magazine focuses on a separate social media service: Twitter, Facebook, Google and LinkedIn.
Sample Social-Media Policy
Social-media issues faced by employers continue to change and develop. Your social-media policy (or guidelines, if you prefer), should do the same. An updated social-media policy is provided via the link below for your reference as a starting point for drafting your own workplace policy addressing employees’ social-media use.
NLRB Facebook Firing Case Highlights Problematic Employee Handbook Policies
I wrote earlier in the week about the most recent National Labor Relations Board Facebook firing case – a case I like to call the BMW hot dog case. (See our post Another Facebook Firing Found Lawful by the NLRB.) What I didn’t talk about in much detail in that post, though, was the portion of the case discussing whether various policies in the dealership’s employee handbook provisions violated the National Labor Relations Act.
Social-Media Policies: Ethical Issues for Court Employees
Social-media policies are the hot topic in the world of employment law. Questions about the advisability of social-media policies and the legal limits on what these policies may and may not regulate continue to abound. Employers who may be considering whether they need or want a social-media policy usually appreciate helpful resources on the subject. One particularly excellent resource on social-media policies is the Resource Packet for Developing Guidelines on Use of Social Media by Judicial Employees, published last year by the Judicial Conference Committee on Codes of Conduct.
Government Employers Can (and Should) Have a Social-Media Policy: Part 3
Delaware's capital, the City of Dover, recently rejected a proposed social-media policy for its employees. Apparently, Dover's City Council was influenced by a letter from the ACLU of Delaware. The ACLU Delaware's Legal Director also spoke at the Council's meeting and, according the Wilmington News Journal, called the proposed rules a "clear violation" of First Amendment rights and "told the committee that public employees are not subject to any special restrictions on their speech because of the nature of their positions."
Do You Have a Handle on Your Social Media Identity? NetFlix’s “Qwikster” Faux Pas!
Many of you may have heard the negative buzz surrounding Netflix’s recent product realignment and price hike - but the bad publicity just keeps ”rollin” on. Netflix recently changed the name of its DVD mail service to “Qwikster.” The company, however, apparently forgot to search Twitter before rebranding!
Government Employers Can (and Should) Have a Social-Media Policy
Delaware's public employers seem to face a great deal of opposition when they propose to implement a social-media policy. In May, Kent County Levy Court tabled a proposed socia-media policy after critics raised somewhat confusing objections to it. And, last week, the Dover City Council rejected a proposed social-media policy after receiving a letter from the ACLU of Delaware. The ACLU’s letter concluded that the policy would encroach on employees’ free-speech rights. An ACLU representative spoke at the Council meeting, claiming that the policy would violate the First Amendment.
FINRA Explains Social-Media Use for Brokers
FINRA, the Financial Industry Regulatory Authority, is the watchdog agency for the financial brokerage industry. In January 2010, FINRA issued Regulatory Notice 10-36 cautioning brokerages about broker-dealers' use of social media. FINRA released additional guidance last month, expanding upon the notice issued last year.
Missouri Teacher-Student Facebook Ban On Hold
We wrote a couple of weeks ago about a Missouri law that would prohibit social media communications between teachers and students (see Is Missouri’s New Law Banning Teacher-Student Communications Via Social Media The Wave Of The Future?). According to the Associated Press, that law “suffered a double setback” last Friday. First, a judge issued a preliminary injunction blocking the law from taking effect until at least February 2012 because of concerns that “the restrictions ‘would have a chilling effect’ on free speech rights.”
“To tweet or not to tweet?”: A workplace question with serious consequences
Employers may breathe a slight sigh of relief. The National Labor Relations Board (“Board”) will not take action against every workplace discharge involving the inap- propriate use of social media. The Board recently opined that an employee’s termi- nation for posting inappropriate tweets to a work-related Twitter account did not vio- late provisions of the Act prohibiting employer interference or coercion of an employee’s union or collective activity.
Is Cracking Down on Social Media the Right Answer?
In a recent post we discussed how the State of Missouri has banned teacher/student communications via social media, and asked whether this ban was an anomaly or the wave of the future. (Is Missouri’s New Law Banning Teacher-Student Communications Via Social Media The Wave Of The Future?) Well, in the wake of the London riots, British Prime Minister David Cameron, believes that future may be now.
Tweet freely! Employers get some guidance about social media
A number of employers, non-union as well as union, have been burned recently by the National Labor Relations Board for their social media policies, or the application of those policies.
Is Missouri’s New Law Banning Teacher-Student Communications Via Social Media The Wave Of The Future?
Missouri recently passed legislation restricting social media communications between teachers and students, including being “friends” on Facebook, and other internal and/or external social media sites. No surprise – the law has drawn national attention … and criticism.
She Said WHAT About Me?
One of your sales managers steps into your office and closes the door. "Boss, you're not going to believe what Mary, that new sales person, has said about you on her Facebook page." She posted:
45% of Employers [Still] Don't Have a Social-Media Policy
Nearly half of employers still have not adopted a social-media policy, according to a survey recently released by Proskauer's International Labor & Employment Group. Making it worse, the survey found that more than 75% of employers are using social media to promote their goods or services. Yikes. There are other enlightening statistics, as well, including:
Venting About Work Conditions with Family Member on Facebook Is Not Protected Concerted Activity
Organizations have been struggling with when and if they can discipline employees after discovering inappropriate Facebook posts about work. This uncertainty arose from the National Labor Relations Board’s (“NLRB”) interest in social media sites as a forum for employees to engage in “protected concerted activity” under the National Labor Relations Act (“NLRA”).
Blogging Teacher Returns to Work Following Suspension for Blog Posts
Natalie Munroe, a high-school English teacher in Bucks County, Pennsylvania, was suspended after her personal blog, on which she'd written some not-so-nice comments about her students, came to light in February. According to the Huffington Post, the school district has determined to end the suspension and will reinstate the teacher in time for Fall classes. Interestingly, though, her attorney's comments seem to indicate that Ms. Munroe would prefer to be transferred. I'll leave it to others to speculate about the reasons for that preference, if, in fact, that is the case.
LinkedIn recommendations: a wolf in sheep's clothing? (pdf)
At the end of May, LinkedIn debuted on the New York Stock Exchange with an initial public offering (IPO) of $45 per share. Employers like to think of LinkedIn as the "good son" among social networking sites, especially as compared to Facebook. LinkedIn is marketed to professionals and used widely for recruiting. It also can be used as an online Rolodex , enabling professionals to connect with others in their industry and get automatic updates when prospective applicants' contact information changes. In light of the recent LinkedIn IPO, it seems like a good time to give some thought to some of the employment law implications of this darling of the social networking sites.
Tatro v. University of Minnesota – Facebook Decision Will Influence Employer’s Response to Threatening Posts.
My post yesterday focused on the background facts and legal issues from the Tatro v. University of Minnesota decision issued last week by the Minnesota Court of Appeals. You will recall that the University disciplined a student for a post on Facebook referencing the desire to “stab a certain someone in the throat” with a lab instrument.
Social Networking Policies For School Employees
In our April 2011 issue, we discussed strategies for schools to limit their exposure to liability stemming from employees' off-campus interactions with students. School employees' participation in online social networking, such as Facebook and Twitter, presents many of the same perils, but merits its own discussion because of the unique aspects of online interactions. Recognizing that faculty and staff likely are using social media at an increasing pace, schools should formulate and communicate policies for staff online social media interactions with students and parents.
LinkedIn Lessons for Employers: Part 5
So far in this series, we've seen how an employee's LinkedIn profile can (at least arguably) constitute evidence of the following:
New Restrictions on Employer Regulation of Employee Use of Social Media
As social networking continues to revolutionize the way we connect and communicate, the law is still evolving in the area of employer regulation of employee use of social media. A recent National Labor Relations Board (NLRB) settlement with American Medical Response of Connecticut, Inc. (AMR) resolved a complaint alleging that: (1) AMR illegally discharged an employee for posting negative comments about her supervisor on her Facebook page, which drew support from her co-workers, and (2) AMR's blogging and internet posting policy contained unlawful provisions, including one that prohibited employees from making disparaging remarks when discussing AMR or its supervisors and another that prohibited employees from depicting AMR in any way over the Internet without its permission.
Friday Tweet Gets Social-Media Pro Fired
Stories of employees who get fired for exercising poor judgment in their use of social media constantly make the news. There are too many to report, really. But some can serve as valuable lessons, thereby warranting a bit of special attention. Here's one such story, reported by My Fox Philly.com.
LinkedIn Lessons for Employers: Part 4
In this post, I continue my review of employment-law cases in which LinkedIn played a substantive role. In the first post in the series, I discussed a case in which an employee's LinkedIn profile was argued to constitute evidence of a single, integrated enterprise. In the second post, I discussed a case in which LinkedIn profiles were used to establish successor liability. In the third post, I discussed the use of a LinkedIn profile to establish an employer's liability for the acts of its agent. In this post, I discuss cases in which LinkedIn evidence was argued to constitute evidence in support of a claim for misappropriation of trade secrets.
LinkedIn Lessons for Employers: Part 3
In this post, I continue my review of employment-law cases in which LinkedIn played a substantive role in the outcome of the parties’ dispute.
LinkedIn Lessons for Employers: Part 2
In this post, I continue my review of employment-law cases in which LinkedIn played a substantive role in determining the case’s outcome. In the first post in this series, I discussed Freire v. Keystone Title Settlement Services, in which the LinkedIn profile of the plaintiff’s manager was argued to constitute evidence that two entities should be considered a single, integrated enterprise. In this post, I look at a similar case involving successor liability.
Can An Employer Sue an Employee for On-Duty Facebook Use?
Probably not successfully. But that didn't stop one employer from trying. In Lee v. PMSI, Inc., the plaintiff sued her former employer for pregnancy discrimination. The employer filed a counterclaim under the Computer Fraud and Abuse Act (CFAA). The basis for the claim was that Lee engaged in "excessive internet usage" and "visit[ed] personal websites such as Facebook and monitor[ed] and [sent] personal email through her Verizon web mail account." That's right--the employer sued its former employee on the basis that the employee's on-duty Facebook use constituted a violation of the CFAA.
LinkedIn Lessons for Employers: Part 1
Last week, LinkedIn debuted on the NYSE with an initial public offering of stock at $45 a share. The share price climbed on Friday, sending the social-networking company’s market value to $9.1 billion. According to the Washington Post, this is approximately 24 times its 2011 revenue.
Should Your Social-Media Policy Address Off-Duty Conduct?
Kent County, Delaware is considering a social-media policy. And, boy oh boy, is it causing quite the stir. Apparently, some opponents only read the headline of the article before concluding that the county is trying to ban employees' use of social media altogether. Of course, that's not the case. The policy does ban use of social media by employees at work--an idea most taxpayers may appreciate.
Drafting Considerations for Social-Media Policies
Employers who are preparing to adopt a social-media policy would be well advised to read an excellent post on Mashable.com, titled, HOW TO: Get Your Employees On Board With Your Social Media Policy. The piece, which is written by Maria Ogneva, who is the Head of Community at Yammer, offers some terrific suggestions for making your social-media policy work.
Social Media Handbook: Avoid Legal Risks When Hiring, Delaware Business (pdf).
The popularity of social networking sites....
Social Media Policies: Learn All About Them
Social-media policies are on the mind of employers everywhere. I taught my first social-media policy workshop in 2009 and have been talking about them ever since. It’s only been in the last 12-18 months, though, that I’ve seen a real movement towards adopting and implementing social-media policies, as opposed to just talking about them.
Oh, the humanity! Stupidity rules in social media and employment
H.L. Mencken once said, "No one in this world, as far as I know . . . has ever lost money by underestimating the intelligence of the great masses of the plain people." Being a "small d" democrat and believing that stupidity is not limited by one's social standing, I'd delete "the great masses of the plain."
Tweet a Little, Dance a Little, Tweet a Little, Dance a Little
Employee participation in social media continues to raise the blood pressure of employers across the country. In just the last several weeks, there have been several stories involving employees whose online commentary has their employers up in arms.
Police Departments Revise Their Social-Media Policies
Government employers have different considerations when drafting a social-media policy than do employers in the private sector. The First Amendment, for example, restricts the limits public-sector employers can place on employees who discuss matters of public concern. At the same time, though, some government employers—particularly those in law enforcement and education—face different, and, often, more significant, risks when their employees post online.
Social Media Dos and Don'ts for Employers
I was interviewed by Boston Public Radio's Here and Now about the wild world of social media in the workplace--you can listen to the interview here. In the course of the discussion, several important points came up about the "dos and don'ts" for employers when dealing with the variety of issues resulting from social media use by employees. Here are a few of them.
Md. Agency Suspends Facebook-Password Policy
The Maryland Department of Corrections' Facebook-password policy for job applicants has been suspended following the negative publicity resulting from an ACLU blog post in opposition to the practice. Maryland Public Safety Secretary Gary Maynard notified the ACLU that he had suspended the social-media password requirement for 45 days pending a review of the policy.
Employee Must Give Employer His Facebook Password, Says ACLU
Facebook gives employers lots of reasons to worry. There are employees who leak confidential company information, talk badly about supervisors, and complain about customers. There's also the NLRB's recently settled complaint, brought against a Connecticut employer, that alleged that the employer's social-media policy was overly broad. And, for several years, employers have struggled with the question of whether they can or should "research" candidates online before making a hiring decision. We've posted about this question many times but the debate continues.
The Social At-Work
It was recently announced that more people use Facebook for networking than those who use the search engine Google. This is not too surprising given the fact that almost everyone seems to have an account with a social networking site, using them to electronically meet and interact with anyone and everyone.
Daily Journal column: Liability concerns for employers in a wired world
There has been a lot of coverage recently about employee access to and use of social networking sites while at work and outside of the workplace. In fact, at a recent International Association of Defense Counsel Meeting, several presenters discussed the potential uses and abuses of social media by employees. However, the reverse scenario — employees using their computers or wireless communication devices while at home to do office work — deserves equal, if not more, attention.
Social Media: Reasons to Pay Close Attention to What Your Employees Say & What Your Company Does.
Social Media: More Reasons to Pay Close Attention to What Your Employees Say and What Your Company Does About It
Lawyers Can Demonstrate the Need for Social-Media Policies In More Ways than One.
Many employment lawyers advise their clients to adopt an effective social-media policy. But there are other lawyers who have demonstrated the need for such policies not by advising clients but by example. When lawyers cause problems for their employers by the lawyers use of social media, their employers get a far clearer understanding of the need for social-media policies. A recent example comes from the international law firm, Akin Gump, and one of its partners, Paul Mirengoff.
Social-Media Guidelines Apply to Supervisors, Too
Is it legal to fire an employee for things he posts on his Facebook page? Thats the most common question that I am asked by employers in the context of social media. And no wonder; the stories of employees who disclose confidential company information, rant about coworkers or customers, and disparage supervisors make news headlines more often than I can post about them. Although the general answer is that an employer can terminate an employee for his or her Facebook posting, there are exceptions to that general rule. And the NLRB recently called this general answer into question when it filed a complaint against an employer who, the NLRB claims, enforced an overly broad social-media policy by unlawfully terminating an employee for her Facebook posts, thereby violating the National Labor Relations Act.
The Trouble With LinkedIn Recommendations: Confidentiality.
mployers often have confidentiality policies that prohibit employees from disclosing the identity of the company's clients, business partners, or vendors. Some industries and professions are subject to regulations or ethics rules that prohibit such disclosure. LinkedIn's "recommendations" feature can put a bit of a new spin on an old problem.
SOCIAL MEDIA IN THE WORKPLACE.
Social media or networking websites like YouTube, Facebook and LinkedIn present employers with a new set of challenges. These fora have obvious business-related benefitsfor example, they can provide legitimate business networking and marketing opportunities. However, they can also result in wasted worktime. Even worse, these sites sometimes serve as a forum for employees to disclose to the public (clients and coworkers included) workplace matters employers would rather keep in-house. The metaphor of the water cooler conversation takes on a whole new meaning when the watercooler is broadcast to the world.
Teachers Union Sues Over Proposed Social-Media Policy
You may have heard about the Teamsters complaint, filed with the NLRB, which alleges, in part, that a Connecticut employers social-media policy constitutes an unfair labor practice under Section 8 of the National Labor Relations Act. In short, the Union contends that the employer, American Medical Response Team, has a social-media policy that prohibits employees from disparaging their supervisors online, which, the Union contends, is overly broad so as to effectively preclude employees from engaging in protected concerted activity of discussing workplace conditions and terms of employment. The Union also contends that the employer disciplined an employee pursuant to the policy when she and other employees disparaged their supervisor on the disciplined employees Facebook page.
Facebook Unfriending as Workplace Retaliation?
I spoke about social media and employment law last week at the Advanced Employment Issues Symposium last week in Las Vegas. I always find that I learn as much as I teach at these eventsboth from attendees and from other presenters. One of the most interesting stories I heard in the social-media context was from another employment lawyer. The story that she shared illustrated yet another reason for employers to consider prohibiting (or at least discouraging) supervisors from being Facebook friends with their direct reports.
Judge Shows Why Supervisors Shouldnt Facebook Friend Employees
Employers often ask me whether they should have a policy prohibiting supervisors from making Facebook friend requests to their direct reports. My position is that, although an explicit prohibition may not be appropriate (and, depending on your State, may not be legal), at the very least, the risks of such conduct should be explained to supervisors and they should be warned against it. I think the best way to teach, though, is by example. Real-life stories about how the discouraged conduct has played out badly for others is often the best motivator. Heres a real-life story straight from the headlines and the bad behavior was by a judge, no less, showing that even those with the highest standards and best judgment can (and do) make mistakes in the world of social media.
Social Media Policies for Law Firms.
Social media is everywhere and its ability to produce a negative impact on your firm is just as great as its ability to effect a positive one. Be sure to educate your employees on the proper use of these powerful tools now instead of doing damage control later.
Take-Aways from the Navys Social-Media Handbook.
The Navy has released its second handbook on social media. The first was directed to ombudsmen and was released this summer. The second was released last week and is directed to commanding officers. The handbook offers guidelines and suggestions for safe social-media use. Here are some of the most transferrable points from the new handbook, which employers may want to consider when drafting their own social-media policies:
ABA TIPS Committee News - Employment Law & Litigation
The FTC's Revised Endorsement Guides Highlight the Need for Employers to Adopt Appropriate Social Media Policies.
Discretion Is the Better Part of Valor (and Cell Phone Usage)
While sitting in the Nashville Airport this weekend returning from the Advanced Employment Issues Law Symposium (AEIS), my employment-lawyer ears perked up. Ive been known to eavesdrop when the conversation seems interesting (and sadly, that includes employment law/HR issues). However, in this instance, I quickly realized that no special effort had to be exerted. Sitting directly across from me in the terminal was a woman (Ill call her VIHP Very Important HR Person) speaking VERY loudly on her cell phone. It was absolutely impossible not to hear every word she said.
The Need for (Workable) Social-Media Policies
Employers, if you don't have a social-media policy--get one.
FTC Is Not Amused by Employees PDA for Their Employer
All (smart) employers want an engaged workforce. Employees who love their employer are highly coveted and considered to be a potential marketing goldmine. Marketing gurus encourage employers to put their employees voices to work, especially in the social-media context, letting employees spread the word via blogs, social-networking sites, and Twitter. Certainly, employees who believe in their employers mission can have great impact in communicating their devotion to others. But,thanks to the FTC, all of these public displays of affection (PDAs), by employees are not without risk.
Drafting A Social-Media Policy That Protects Your Business
Almost every business today relies on the Internet to help improve its operations. Social networking sites are playing an increasingly important role in how companies communicate with their customers and other interested parties. Social networking sites such as Facebook, LinkedIn, and Twitter are rapidly gaining new users.
Social Networking in the Retail World.
Employer interest in social networking and blogging first came to the headlines when a flight attendant was fired purportedly for posting information about her job on a blog. Since that time, social media has exploded with the rise of Facebook and the advent of YouTube. While the Oxford English Dictionary has not yet recognized "tweet" as a verb meaning to post 140-character messages on Twitter, it must be coming.
Facebook, Twitter, & Blogs-New Guidelines for Employee Endorsements in the Digital Age
"I don't just work for the company, I'm also a satisfied customer!"
Most of us can vividly recall the popular television advertising campaign in which the individual proudly proclaims to not only be the organization's president, but also one of its clients. Such "endorsements" are not only memorable, they can also be highly effective. Employers should know that the Federal Trade Commission (FTC) recently amended its guidelines regarding the use of endorsements and testimonials in advertising. Among other things, the revised guidelines clarify that an employee posting comments online about his or her employer's products or services could potentially violate the law by misleading consumers. The guidelines further confirm that both the employee and the employer could be held liable for any such deception to the extent the employment relationship is not properly disclosed. In light of this development, employers should revise their policies to clearly define when, and how, employees are permitted to post comments regarding the employer's products and services online.
Police Officers Online: Web 2.0 Worries for Public Employers.
Employers everywhere are facing new challenges when it comes to employees use of social media. These technology-based challenges are different, though, for every employer and have different nuances between industries. Certain employees off-duty posts on social-networking sites, such as Facebook, can have significantly more impact than others. Police officers are one such type of employee.
When Can Employers Be Liable For Employees' Online Conduct?
The federal government recently enacted new guidelines that could cause employers to face legal liability for the online conduct of their employees. Under new Federal Trade Commission guidelines employers could face enforcement actions should their employees use social media to comment on their company's products or services in inappropriate ways, even if the employer did not sanction or authorize the comments. Whether employees use personal blogs, Facebook, MySpace, Twitter, message boards, or any other type of online social networking platform, employers could face the wrath of the federal government or the prospect of class action lawsuits if online postings run afoul of the new guidance.
Texting On The Job Can Be Costly.
A recent decision by the Supreme Court in a case called City of Ontario v. Quon should be viewed as a warning in big capital letters to workers everywhere. The Supreme Court ruled that a public employer did not violate an employee's Fourth Amendment rights when it searched an employee's text messages. This decision should not really surprise anyone: When employees use company-issued equipment on company time, they should not expect their communications to be private. Nevertheless, many employees fail to heed this modern workplace reality.
No Need For Panic: 10 Tips To Prevent Employee Issues With Social Media.
With a half-billon users, Facebook has expanded its reach from college dormitories to the workplace, and your company likely employs at least one (or more likely several) users of social media. It's not just your recent graduates or interns that are posting photos, status updates, joining groups, and connecting with old classmates via social media. As of January 2010, 60 percent of Facebook users were over the age of 25. LinkedIn, a social media site dedicated to professional networking, has over 60 million users of all ages who are posting resumes, professional awards and recommendations from former coworkers or supervisors.
Use Twitter, Get Fired.
The "resignation" of a CNN editor due to comments made via Twitter was a big story last week. (See Tweet At Your Own Risk: CNN Editor Learns the Hard Way). But it certainly was not the first story involving an employee terminated for something he or she posts online, whether it's on Facebook (see Eagles Employee Gets Benched for Comment on Facebook Page), a personal blog (see Employee Fired When Her Sex Blog Is Discovered by Her Boss), or, like the CNN story, via Twitter.
Tweet At Your Own Risk: CNN Editor Learns the Hard Way.
Twitter is a powerful medium for communication. Messages can be posted in seconds and from anywhere, and can reach a nearly limitless number of listeners. But, with great power, well, . . . you know.
SOCIAL NETWORKING: A TRAP FOR THE UNWARY.
We live in a world dominated by the Internet, and increasingly, social networking sites like Facebook, MySpace, LinkedIn and Twitter. According to its most recently published statistics, Facebook now has over 400 million active users, half of whom sign on daily to check their accounts. These users include many employees who communicate with Facebook friends and Twitter followers (and likely work colleagues) while sitting in their office, from their mobile devices while on the road, and from their homes. Now more than ever, employers, too, find themselves turning to these online resources as a tool to disseminate corporate information, attract and evaluate candidates for employment, and, in some instances, monitor employees behavior.
Employers Responsible For Employee Online Behavior (pdf).
Few business
owners realize that
they can be held
responsible for what
employees say about
the companys products
or services when
the employee is
using social media
like Facebook,
MySpace, Twitter
and personal blogs.
However, under
recently issued federal
regulations, thats
precisely the case.
Waitress Is Fired for Her Complaint on Facebook: Lesson Learned for Employers?
After waitress Ashley Johnson spent 3 hours waiting on a couple at the North Carolina pizza restaurant where she worked, she expected more than the $5 tip they left on the table. According to the waitress, because the couple stayed so long, she had to stay on at work for an extra hour after her shift was over. The 22-year old waitress was not happy about it. And, as many 22-year olds are inclined to do, she talked about her unhappiness on Facebook.
Use Of Social Media Web Sites By Broker Dealers.
FINRA recently issued guidance in Regulatory Notice 10-06 to broker-dealers regarding the use of social media sites (e.g., Facebook, Twitter, LinkedIn) by firms and their registered representatives.
Turns Out FTC Actually Expects You to Follow Its Rules.
The Federal Trade Commission updated its Guides Concerning the Use of Endorsements and Testimonials in Advertising to require employees to disclose their employment relationship when endorsing their employer or the employers goods or services, or even defending the employer online. The Endorsement Guides have real implications for employers in todays Web 2.0 world, where CEOs blog, customer-service representatives tweet, and everything in between. If youre not familiar with the endorsement guides, you can get up to speed by reading this post, Another Reason Employers Need a Social-Media Policy: New FTC Regulations.
Social Networking: Employer Uses Employee's Social Networking as Evidence in Noncompete Case (pdf).
LinkedIn, a social networking site targeting business professionals, can be
used as an online Rolodex a place to store contacts and a vehicle to
maintain professional relationships. In a federal lawsuit filed in
Minneapolis, an employer has alleged that ex- employees (and one current
employee) used the website to unfairly compete against it. Specifically, the
employer claims they used the site to wrongfully solicit its customers and
employees.
Podcast on Social Media for Employers.
I had the pleasure of participating in a podcast about social media today for the ABA Journal. The podcast turned into a lively discussion about the potential risks of social media for employersand how to avoid them.
FTC's New "Endorsement" Rules Highlight Need for Employers Adopt Appropriate Social Media Policies.
Internet sites that provide the opportunity for
individuals to share with the world their thoughts on
any subject have exploded both in number and
popularity. Employers have always been concerned
that employee criticism of their products and services
being publicized via social media websites and in
the blogosphere could have a negative impact on
business. Now, due to recent federal regulations,
employers have something new to worry about:
they may be liable for unauthorized positive
statements made by their employees about their
products on social media websites.
Judge Shows Why Employers Should Consider Prohibiting Employees From Posting Anonymously Online.
A recent story about a judge in Ohio demonstrates why employers, when drafting a social media policy, may want to consider whether employees should be prohibited from posting anonymous comments online.
Sure, You Can Use Facebook at Work . . . Well Just Monitor What You Post.
NYT technology blog, Bits, reports on new technology being marketed to employers who want to keep tabs on their employees social-networking activities during working time. Joshua Brustein reports:
NEW FTC GUIDELINES HOLD EMPLOYERS RESPONSIBLE FOR ON-LINE BEHAVIOR OF EMPLOYEES.
With the proliferation of employee activity on social media sites like Facebook, MySpace, Twitter, personal blogs and the like, the Federal Trade Commission has weighed in with new regulations that apply to what employees say about their employer's products and services. The guidelines state that when employees use social or other on-line media to comment on their company's products or services, employers may be liable for "misrepresentations" made by employees. Importantly, the guidelines hold the employer responsible in cases where the employer was unaware of the communications or did not authorize the comments. This FAQ is designed to familiarize you with these important guidelines.
Sample Social-Media Policy.
I'm often asked for a sample social-media policy. I've posted before (see below) about online repositories for such policies and encourage readers to review as many such samples as possible before putting pen to paper and actually drafting your own. Below is a sample policy (a set of guidelines, actually) that is a good starting point for most organizations.
New FTC regulations affect employees' use of social media (pdf).
Recently, the Federal Trade Commission (FTC) issued regulations
affecting nearly every business at least every business with a workforce
that has computer access (either on or off working time).
The New Internet Danger: Employers Can Be Liable For Employees' Online Conduct.
The federal government recently enacted new guidelines that can impose liability on employers for the online conduct of their employees. Under Federal Trade Commission guidelines that took effect Dec. 1, employers could face enforcement actions should their employees use social media to comment on their company's products or services in inappropriate ways, even if the employer did not authorize the comments.
Social Media & HR Primer: 3 Key Tools.
I talk a lot about how Human Resource professionals can use social media for a variety of workplace initiatives, ranging from recruiting, to engagement, to internal communications. For the uninitiated, though, the topic "social media" may have little real resonance. If you're an HR pro new to social media, there are three key types of social media that you need to understand at a bare minimum. Here's a primer on each.
5 Non-Negotiable Provisions for Your Social-Media Policy.
Less than one-third of U.S. employers have a social-media policy, according to Manpower in its recent study, Social Networks vs. Management? Harness the Power of Social Media. Not that this is a surprise. Frankly, Im more surprised when an employer actually does have a social-media policy in place. The recently published regulations of the FTC regarding employee endorsements and social-media sites may prompt some employers to get working on that policy. And, if thats the case or if youre considering a social-media policy for any other reason, here are some tips to help you on your way.
Another Reason Employers Need a Social-Media Policy: New FTC Regulations.
What are the legal reasons that an employer needs a social-media policy? Thats a question that I get a lot when discussing social media with clients and others. And, maybe more often, Are there any reasons that I need a social-media policy? This is a complicated question, really. And there are lots of possible answers. But theres at least one new legal reason for employers to stop procrastinating, get the idea out of committee, and get to work on such a policy.
Social Media and Technology in the Workplace: Top 5 New Years Resolutions for 2010.
Its that time of year againtime to make (and hopefully keep) your New Years resolutions. New Years resolutions do not have to relate solely to dieting and exercise, however. Now is a great time for employers to think proactively about their goals and aspirations for the coming year. When thinking about New Years resolutions for the workplace, a hot topic and cause for concern is the growing use of social media in the workplace. In 2010 your organization should be developing and implementing workplace best practices regarding use of social media and other emerging technologies. Employers should start this process by asking: How will our organization manage the risks associated with the use of social media and at the same time gain the benefits that this media form provides?
New Study on Organizational Use of Social Media.
The Ragan video featuring Mayo Clinic, which I described in the last post, is well timed. Earlier this week, Cisco announced the findings of a study on social networking and its adoption in the enterprise. Based on interviews with more than 100 companies , the study explores the primary tools being used, which areas of business are adopting them and how theyre putting them to use, and some of the challenges that are arising.
Learn by Example: How Mayo Clinic Keeps Employees Engaged with Social Media.
If your organization is considering putting social media to use but is struggling with innovative ways to use these new tools, theres no need to reinvent the wheel. Instead, look to others who have come up with these ideas and implemented them in their workplace. In a short video On My Ragan TV.com, Mayo Clinic's Linda Donlin discusses how the hospital uses video, enewsletters, blogs, and other tools to keep staff informed about strategic initiatives and to keep personnel engaged at work.
Learn by Example: Top Social Brands of 2009.
The best way to learn about social media is from the examples of others. This includes both good and bad examples--you can learn quite a bit by studying the social-media blunders of organizations, as well as how they responded to the blunder. So anytime I talk to organizations and, specifically, to HR professionals about how they can put social media to use, I try to give examples of organizations that are getting it right. (Sodexo and Deloitte & Touche are two of my consistent favorites).
Why the Philadelphia Eagles (Still) Need a Social-Media Policy.
The Philadelphia Eagles have already had at least one negative experience with social media. You may recall that, in March 2009, the organization received a lot of negative publicity following its termination of an employee who made less-than-favorable comments about the team's decision to trade Philly favorite, Brian Dawkins--those comments were posted on the employee's Facebook page.
The 3 Principles of Social Media: How to be a good online citizen.
Many employers have begun to use online social networking sites, like Facebook and Twitter, for a number of purposes, from recruiting to marketing and sales, to name promotion and branding efforts. Those organizations that have not yet made the steps to go online but are considering it seem to want guidance that is more concrete and definite. The newness of social media, however, makes this difficult.
When Did Working at Work Become Optional?
The line between work and home is hardly visible. To describe it as blurred would be inaccurate. The reality (for most of us) is that the line can barely be seen and, for some, only fades into existence occasionally for short intervals. And there seems to be little debate about the validity of this conclusion. The debate begins only when the question is asked whether this reality is a positive or negative one.
Court "Deletes" Computer Misuse Claim.
A federal appellate court has held that a former employee of a residential treatment facility did not violate the Computer Fraud and Abuse Act (CFAA) when he emailed files to his personal account, downloaded the files and used them in his own business. According to the Ninth Circuit Court of Appeals, the employer did not have a confidentiality rule with respect to email.
Ignorance of Blog Law No Excuse.
Blogs are booming. Employees are now using these Internet diaries to broadcast information and opinions worldwide. Inevitably, some of those employees will post hostile, false, or confidential information about their employers and fellow employees.
6 Ways to Safeguard Company Data.
According to a recent survey, information you believe is confidential may also be in your competitor's offices. A report from the Ponemon Institute details that companies are doing a poor job preventing former employees from stealing data. Some details from the report should give every employer cause for concern, particularly in this time of sharp staff reductions.
Friends Without Borders: State Off-Duty Conduct Laws and Facebook-Friending Policies.
In an earlier post, I discussed the implications of "friending" by employees. I suggested that there are a few options for employers and how they handle this sometimes awkward social-networking phenomenon. One option is to prohibit supervisors from making friend requests to their direct reports.
Social Media Policies: What about my friends?
Social-media guidelines has been the topic of several recent posts. One of the questions that I suggest employers consider when drafting a social-media policy is the friending issue. Thats right. When deciding on how employees will be encouraged or required to engage online, one point that comes up repeatedly is whether there should be any rules with respect to friending on Facebook.
Social-Media Policy Ideas.
At the AON Social Media & HR Summit conference this week, the topic of social-media policies has come up repeatedly. Attendees at this event are very savvy with respect to the multitude of ways that social media can be used in Human Resources and by employers, generally. But a question that keeps coming up is Ok, so now what? HR professionals seem to be embracing the many ways that social media can be used but know that there needs to be a set of guidelines for acceptable and appropriate use.
Sample Social-Media Guidelines.
Social-media policies are a really hot topic. I spoke today for 3 hours (and 20 minutes, to be exact) about what things an organization should consider when preparing to draft a social-media policy. (To follow the conference on Twitter, use the hashtag #aonsocial09). After the talk, several of the attendees commented that they appreciated the substantive nature of the presentation; i.e., that it was more of a roll-up-your-sleeves type of presentation as compared to more theory-based. This was probably a result of the length of the session. With three hours, it was easier to get into the real heart of the topic instead of an overview.
Larry Johnson: A Twitter Termination.
Employers are struggling to develop effective social-media policies. And for good reasonit can be hard to draft a policy that is intended to address issues that are unfamiliar and that arise from technology that many employers dont quite understand. Which may explain why some employers have been making news headlines with their Facebook and Twitter policies.
Facebook Pictures Cause Insurer to Revoke Benefits for Depressed Woman.
Thanks to Facebook, a Canadian insurance company has revoked the disability benefits of a woman who had been out of work for more than a year and a half due to depression. Former IBM employee Nathalie Blanchard, 29, claims that she called her insurance company when her monthly sick-leave checks stopped coming and was told that she was deemed as able to return to work based on what it had found on her Facebook page.
Opening Pandora's Box: Employers and Social Networking Sites.
As the law struggles to keep
pace with the frenetic world of
online networking, employers
must be mindful of the risks
they face by allowing
employees to access social
networking sites such as
Facebook, Twitter and LinkedIn.
Using these social networking
sites to check up on an
employee, identify or assess
potential employees, or simply
friend or link up with a
subordinate entails risks.
Avoiding Social-Networking Snafus.
On September 15, 2009, Facebook announced that it served 300 million users worldwide. By comparison, on October 1, 2009, the United States Census Bureau's website indicated that the population of the United States was approximately 307.5 million.
Worker Fired For Violating Computer Policy Gets No Sympathy.
A federal appellate court recently rejected a lawsuit brought by a worker who was fired after his employer discovered that his password was used to access pornographic websites from a shared workplace computer. Finding that the trial judge correctly determined that the worker had failed to establish a genuine issue of material fact that would call into question his employer's legitimate, nondiscriminatory reason for the discharge, the Fifth Circuit Court of Appeals rejected the worker's age discrimination claim.
Employee Who E-Mailed Company Documents to Home Computer Did Not Violate Computer Hacker Laws.
The Ninth Circuit recently issued an opinion that demonstrates the importance of implementing clear computer access policies and ensuring that former employees' passwords are deactivated after their employment ends. In LVRC Holdings v. Brekka (9th Cir. Sept. 15. 2009), the court held that an employee who e-mailed company documents to his home computer did not violate the Computer Fraud and Abuse Act (CFAA).
Employers Should Be Aware of the Results of Social-Media Survey.
There are more than 300 million Americans are Facebook users. Facebook users who are looking for work are having their profiles searched by the 45% of employers who are hiring as part of their background-search process.
Use Facebook, Get Arrested. Use Twitter, Get Fired.
Social networking is a phenomenon that has taken over with shocking speed. The growth in popularity of sites like Facebook and microblogging application, Twitter, has exploded. (Facebook reported that it has 300 million users as of last month!) The problem with anything that grows so fast, though, is the growing pains that come with it.
Computer Security: Employer Fails In Attempt To Use Federal Law Against Data-Stealing Employee.
Most of the articles in our Legal Update report on cases involving employees suing employers, but sometimes the roles are reversed. LVRC Holdings, LLC (LVRC) was an employer that went on the offensive against two former employees. In a case titled LVRC Holdings v. Brekka, the employer filed a lawsuit in federal district court against its former employee, Christopher Brekka.
Drafting An Effective Social-Media Policy.
From Facebook to LinkedIn to Twitter, it seems that internet-based communications are everywhere. Some argue that Web 2.0 technologies, such as blogging, micro-blogging, photo-sharing, video-sharing, life-casting and networking, help companies meet their customers' needs and that social media supports the democratization of knowledge, news and even professional sports. But there are risks associated with employee social media use; risks that you can manage with a clearly defined policy regarding media use.
Available All the Time: Etiquette for the Social Networking Age.
After a long day at the office, imagine logging onto Facebook to see what your friends have been up to, only to have your boss or colleague message you about an urgent work matter. Aside from the fact that you are officially off duty, is it appropriate for your co-worker to reach out to you through a social networking forum? Was it wise to accept a colleague or higher-up as a "friend" to begin with? And -- perhaps more importantly -- in this day and age, when people are seemingly available around the clock because of smartphones and our endless appetite for all things online, is anyone ever really "off duty?"
Where Technology and the Workplace Collide: An Analysis of the Intersection Between Employment Law and Workplace Technology (pdf).
The authors look at a host of workplace technology issues, including
employee use and abuse of the Internet, e-mail, IM, cell phones, and
blogs, as well as an employers right to monitor and control an employees
use of technology in the workplace. The authors then focus on how
these issues intersect with employment laws, affect employers on a practical
basis, and land employers in litigation.
Cyber Policies: Social Networking Sites Could Jeopardize Employment (pdf).
Unlike Vegas, what happens in cyberspace doesn't always stay in cyberspace.
Unmasking Illegal On-Line Activity.
Most employers now have some web presence, through their own internet sites and also as an internet portal for employees who use the internet at work. Used illegally to spread defamatory statements or publish trade secrets, the internet has to potential to do significant damage to a business. Employers need to consider two related subjects: how to respond if defamatory or privacy-protected information about the organization is released on-line; and how to manage their own internet resources to avoid liability.
"Deleting Data" Proves Costly For Employee (pdf).
A federal appellate court recently
reinstated a lawsuit brought by an employer
against a former employee who
deleted all the data on his companyissued
computer following his resignation.
The court ruled that the employee
could be held liable under federal law
for loading software on the computer
which made recovering business files
impossible. International Airport Centers,
L.L.C. v. Citrin, No. 05-1522, Seventh
Circuit Court of Appeals (March 8,
2006).
Employees Who Delete Computer Data w/o Auth. Risk Prosecution under Computer Fraud & Abuse Act (pdf).
The U.S. Court of Appeals for the Seventh Circuit has
ruled that employers may pursue charges under the
Computer Fraud and Abuse Act, 18 U.S.C. 1030 et
seq. (CFAA), against employees who permanently
delete information from company-provided computers
without authorization.
Employers May Have a Remedy Under Federal Law Against Ex-Employees who Commit Computer Sabotage.
The Seventh U.S. Circuit Court of Appeals has held that an employer can pursue its claims under the Computer Fraud and Abuse Act (CFAA) against an employee who permanently deleted files on an employer-provided computer before he quit to start his own competing business. See International Airport Centers, L.L.C. v. Citrin (7th Cir. March 8, 2006). The Seventh Circuit reversed a lower court's dismissal of the employer's claim against the employee and remanded the case for trial.
