Prepared for:

Riding the Social Media Roller Coaster

Deborah Mourey, Mourey AssociatesDeborah Mourey, Mourey Associates

Michelle Pedzich, HR WorksMichelle Pedzich, HR Works

•• A Brave New WorldA Brave New World

•• A Diverse ToolkitA Diverse Toolkit

•• Best PracticesBest Practices

•• The Law and Social Media Collide The Law and Social Media Collide

•• Protecting Your CompanyProtecting Your Company

AGENDAAGENDA

HR Works, Inc. and Mourey Associates are not engaged in rendering legal services. If legal advice is

required, the services of a competent labor attorney should be sought.

Many people talking to Many people talking to many, and being able many, and being able to do so to do so

whenwhen they want they want

wherewhere they want they want

howhow they wantthey want……

SOCIAL MEDIA ISSOCIAL MEDIA IS……

Deloitte Deloitte ToucheTouche, LLP, LLP

LISTENING TO A LEADERLISTENING TO A LEADER

http://www.youtube.com/watch?v=JE3

_va3K6Jc

CROSS DEPARTMENTAL COOPCROSS DEPARTMENTAL COOP

•• HR HR –– Hiring, Employee Relations Hiring, Employee Relations

•• MarketingMarketing

•• ITIT

•• Customer ServiceCustomer Service

•• Product DevelopmentProduct Development

MOBILE SOCIAL USE BY AGEMOBILE SOCIAL USE BY AGE

SOCIAL SOCIAL NOTNOTWORKINGWORKING ((MOBILE!)MOBILE!)

““II’’ve never been on ve never been on

Twitter or Facebook, Twitter or Facebook,

but I have to write a but I have to write a

social media policysocial media policy

for my company.for my company.””

SOCIAL MEDIA POLICYSOCIAL MEDIA POLICY

Linked InLinked In = Office= Office

FacebookFacebook = =

Backyard BarbequeBackyard Barbeque

TwitterTwitter = Cocktail Party= Cocktail Party

FACEBOOK REACHES 500 M USERSFACEBOOK REACHES 500 M USERS

http://twitter.com/dmourey

TWITTER: REAL TIME. REAL INFO.TWITTER: REAL TIME. REAL INFO.

YAMMERYAMMER-- INTERNAL TWITTERINTERNAL TWITTER

““NationwideNationwide’’s Yammer site grew to over s Yammer site grew to over

8500 associates and agents in under 10 8500 associates and agents in under 10

months and more importantly, it got months and more importantly, it got

more than 40% of the companymore than 40% of the company’’s top s top

leadership into the Nationwide Social leadership into the Nationwide Social

Network.Network.””Chief Tech Officer, Nationwide InsuranceChief Tech Officer, Nationwide Insurance

https://https://www.yammer.com/www.yammer.com/

about/case_studies#natioabout/case_studies#natio

nwidenwide--storystory

A DIVERSE TOOLKITA DIVERSE TOOLKIT

•• Listening Tools Listening Tools –– Google AlertGoogle Alert

•• Glass Door/Jobvent Glass Door/Jobvent -- RatingsRatings

•• WikisWikis

•• Ning GroupsNing Groups

•• YouTube/PodcastsYouTube/Podcasts

•• Foursquare / Gowalla Foursquare / Gowalla -- LocationLocation

http://www.jobvent.com/macyshttp://www.jobvent.com/macys--jobjob--

reviewsreviews--C292C292

http://www.glassdoor.com/index.htmhttp://www.glassdoor.com/index.htm

WIKI EXAMPLEWIKI EXAMPLEWIKISWIKIS

NING GROUPNING GROUPNING GROUPSNING GROUPS

BEST PRACTICEBEST PRACTICE-- SODEXOSODEXO

21

BEST PRACTICE BEST PRACTICE -- BERTELSMANNBERTELSMANN

BEST PRACTICE

BAYER BUSINESS CONSULTING

2,000 FANS

TAKE ACTIONTAKE ACTION

COMPLIANCE ISSUES TO CONSIDERCOMPLIANCE ISSUES TO CONSIDER

HR AND SOCIAL MEDIAHR AND SOCIAL MEDIAThe Upside:The Upside:

•• Recruitment Recruitment

•• Knowledge Management Knowledge Management

•• Research and Compliance Research and Compliance Information Information

•• Networking Networking

•• Community Service Community Service

•• TrainingTraining

•• TransparencyTransparency

The Downside:The Downside:

•• Compliance in Compliance in RecruitingRecruiting

•• Employee Productivity Employee Productivity

•• Employee misuseEmployee misuse

-- Disclosure Disclosure confidential confidential informationinformation

-- Public Relations/ Public Relations/ Reputation issuesReputation issues

THE LAW & SOCIAL MEDIA COLLIDETHE LAW & SOCIAL MEDIA COLLIDE

•• Harassment/DiscriminationHarassment/Discrimination

•• Public vs. Restricted SitesPublic vs. Restricted Sites

•• Background Checks/FCRABackground Checks/FCRA

•• Unfair Labor PracticesUnfair Labor Practices

•• Lawful OffLawful Off--Duty ConductDuty Conduct

HARASSMENT & DISCRIMINATIONHARASSMENT & DISCRIMINATION

Instantaneous communication = Instantaneous communication =

Little or no FilterLittle or no Filter

““ItIt’’s funny that if a guy talks to a girl at s funny that if a guy talks to a girl at

work they can file sexual harassment work they can file sexual harassment

but if girl talks to a guy its $3.95 per but if girl talks to a guy its $3.95 per

min. Not fairmin. Not fair””

““LetLet’’s see what happen at work s see what happen at work

todaytoday……coco--worker broke down crying worker broke down crying

twice, man who keeps stealing came twice, man who keeps stealing came

back accusing manager of harassmentback accusing manager of harassment””

HARASSMENT & DISCRIMINATIONHARASSMENT & DISCRIMINATION

•• ApplicantApplicant’’s drug uses drug use

•• Poor work ethicPoor work ethic

•• Poor written communication Poor written communication

skillsskills

•• Tendency to support racist Tendency to support racist

groupsgroups

•• Sex/GenderSex/Gender

•• AgeAge

•• RaceRace

•• DisabilityDisability

•• National OriginNational Origin

•• ReligionReligion

•• Military or Veteran StatusMilitary or Veteran Status

•• Sexual OrientationSexual Orientation

•• Predisposing Genetic Predisposing Genetic

Characteristics/Genetic Characteristics/Genetic

InformationInformation

Protected ClassProtected Class

THE PERFECT CANDIDATE?THE PERFECT CANDIDATE?

LAWFUL OFFLAWFUL OFF--DUTY CONDUCTDUTY CONDUCT

Section 201Section 201--d of the NY Labor Code prohibits d of the NY Labor Code prohibits

discrimination against engagement in certain discrimination against engagement in certain

lawful activitieslawful activities……

……certain political or recreational activities, certain political or recreational activities,

consuming alcohol or smoking tobacco, etc.consuming alcohol or smoking tobacco, etc.

PUBLICLY ACCESSIBLE SITES VERSUS PUBLICLY ACCESSIBLE SITES VERSUS RESTRICTED SITESRESTRICTED SITES

Moreno v. Hanford Sentinel, Inc. (CA, 2009)Moreno v. Hanford Sentinel, Inc. (CA, 2009)

-- Posted Posted ““An Ode to CoalingaAn Ode to Coalinga”” on her MySpace Profileon her MySpace Profile

-- Contained extremely negative comments about the Contained extremely negative comments about the towntown

-- Local newspaper published itLocal newspaper published it

-- Family received death threats and moved out of townFamily received death threats and moved out of town

-- Sued based on Sued based on ““unreasonable disclosure of private unreasonable disclosure of private factsfacts””

-- Outcome: Case dismissed, her Outcome: Case dismissed, her ““potential audience potential audience was vastwas vast””

EMPLOYEE PRIVACY ISSUESEMPLOYEE PRIVACY ISSUES

•• Stored Communications ActStored Communications Act

Prohibits unauthorized access to Prohibits unauthorized access to

electronic communications stored electronic communications stored

on a third party site. Consent is not on a third party site. Consent is not

a defense if the managera defense if the manager’’s demand s demand

is considered coercive. is considered coercive.

•• Pietrylvo vs. HillstonePietrylvo vs. Hillstone’’s s

Restaurant Group dba HoustonRestaurant Group dba Houston’’s s

(NJ 2009)(NJ 2009)

UNFAIR LABOR PRACTICESUNFAIR LABOR PRACTICES

•• National Labor Relations Act & National Labor Relations Act & Railway Labor Act Railway Labor Act

•• Discussing terms of conditions Discussing terms of conditions of employment protected under of employment protected under the NLRA (an existing union is the NLRA (an existing union is not required)not required)

•• Konop versus Hawaiian Konop versus Hawaiian Airlines, 2002Airlines, 2002

BACKGROUND CHECKS & THE FCRABACKGROUND CHECKS & THE FCRA

Fair Credit Reporting Act (FCRA)Fair Credit Reporting Act (FCRA)

-- Disclosure requirements Disclosure requirements

-- Search results furnished by Search results furnished by

third parties might be third parties might be

““consumer reportsconsumer reports”” and and

search sites might be search sites might be

““consumer reporting consumer reporting

agencyagency”” under FCRAunder FCRA

To Google or Not to Google?To Google or Not to Google?

•• Screen ConsistentlyScreen Consistently

•• Neutral Party Conducts Neutral Party Conducts

SearchSearch

•• Use Social Media After Initial Use Social Media After Initial

InIn--personperson

•• Consult Legal CounselConsult Legal Counsel

To Friend or Not to Friend?To Friend or Not to Friend?

•• Managers Not Managers Not ““FriendFriend””

SubordinatesSubordinates

•• Employee May Reject Employee May Reject

Friend Request Without Friend Request Without

Repercussion Repercussion

•• DonDon’’t Friend Applicantst Friend Applicants

LINKED IN RECOMMENDATIONS

•• Prohibit all? Prohibit all?

•• Prohibit LinkedIn recommendations by Prohibit LinkedIn recommendations by anyone who has formally evaluated anyone who has formally evaluated

•• Permit LinkedIn recommendations only Permit LinkedIn recommendations only of former employees who voluntarily of former employees who voluntarily left the organizationleft the organization

Source: Littler Group, Privacy and Data Source: Littler Group, Privacy and Data Protection Practice Group Blog, Posted 9/8/09Protection Practice Group Blog, Posted 9/8/09

SOCIAL MEDIA POLICIESSOCIAL MEDIA POLICIES

•• Set Clear ExpectationsSet Clear Expectations

•• Impact Other Policies (Technology, Impact Other Policies (Technology,

Harassment, Ethics, Confidentiality)Harassment, Ethics, Confidentiality)

•• Enforce PoliciesEnforce Policies

•• Consistency is Key!Consistency is Key!

Provide TrainingProvide Training

•• Include in OrientationInclude in Orientation

•• Supervisor Awareness is KeySupervisor Awareness is Key

•• Explain Social Media Impact Explain Social Media Impact

•• Communicate Reporting Structure Communicate Reporting Structure

Issues & ConcernsIssues & Concerns

Questions?Questions?

Deborah Mourey, PrincipalDeborah Mourey, Principal

Mourey AssociatesMourey Associates

dmourey2@rochester.rr.comdmourey2@rochester.rr.com

Michelle Pedzich, SPHR, Director of Michelle Pedzich, SPHR, Director of

Compliance, HR Works, Inc.Compliance, HR Works, Inc.

pedzich@hrworkspedzich@hrworks--inc.cominc.com

www.hrworkswww.hrworks--inc.cominc.com