1. Employee Use of Social Media

2. ©SHRM 20082 Introduction In an era when the basic code of conduct can be overwhelmed by a swell of enticements to surf the web, post words, pictures and, sometimes, information that are best kept offline, it becomes increasingly important that companies establish and make unequivocally clear their rules on social networking. This sample presentation is intended to be presented to supervisors, managers and employees. It is designed to be presented by an individual who has knowledge of the subject matter and best practices regarding the use of social media in the workplace. This is a sample presentation that must be customized to include and match the employer’s own policies and practices.

3. ©SHRM 20083 Objectives At the close of this session, you will be able to: Understand the different types of social media Describe our company policy and procedures on social medial in the workplace

4. ©SHRM 20084 What Is Social Media? Social media are defined as “any web-based applications that allow people to broadcast information to an entire network.” The network can be “user-defined,” like Facebook, or open, like YouTube. Social media differ from e-mail and websites, and include internet forums, blogs and microblogs, online profiles, wikis, podcasts, pictures and video, e-mail, instant messaging, music- sharing, and voice over IP, to name just a few. Examples of social media applications are LinkedIn, Facebook, MySpace, Wikipedia, YouTube, Twitter, Yelp, Flickr, Second Life, Yahoo groups, Wordpress, ZoomInfo—the list is endless.

5. ©SHRM 20085 Questions? Comments?

6. ©SHRM 20086 [Employer Name] Policy and Procedures on the use of Social Media in the Workplace (Note to presenter: Provide copies of your policy and procedures to all attendees and review all or most important components. You may also want to add the most important part of these procedures to this presentation. Included in this presentation is a typical policy for social media use approved by the NLRB. For more information on this sample policy and other guidelines from the NLRB, see http://mynlrb.nlrb.gov/link/document.aspx/09031d4580a375cd) http://mynlrb.nlrb.gov/link/document.aspx/09031d4580a375cd

7. ©SHRM 20087 [Employer Name] Policy and Procedures on the use of Social Media in the Workplace When you are participating in social networking, you are representing both yourself personally and [Employer Name]. The same principles and guidelines that apply to [Employer Name]’s employee activities in general, as found in the Business Conduct Guidelines, apply to employee activities online. This includes forms of online publishing and discussion, including blogs, wikis, file-sharing, user-generated video and audio, virtual worlds and social networks. As outlined in the Business Conduct Guidelines, [Employer Name] fully respects the legal rights of our employees in all countries in which we operate. In general, what you do on your own time is your affair. However, activities in or outside of work that affect your job performance, the performance of others, or [Employer Name]’s business interests are a proper focus for company policy.

8. ©SHRM 20088 [Employer Name] Policy and Procedures on the use of Social Media in the Workplace As an employee of [Employer Name], be aware that you are responsible for the content you post and that information remains in cyberspace forever. Use privacy settings when appropriate. Remember, the Internet is immediate and nothing posted is ever truly private nor does it expire. Be respectful of others. Think of what you say online in the same way as statements you might make to the media, or e-mails you might send to people you don’t know.

9. ©SHRM 2008 [Employer Name] Policy and Procedures on the use of Social Media in the Workplace Be respectful Always be fair and courteous to fellow associates, customers, members, suppliers or people who work on behalf of [Employer Name]. Also, keep in mind that you are more likely to resolve work related complaints by speaking directly with your co-workers or by using our Open Door Policy than by posting complaints to a social media outlet. Nevertheless, if you decide to post complaints or criticism, avoid using statements, photographs, video or audio that reasonably could be viewed as malicious, obscene, threatening or intimidating, that disparage customers, members, associates or suppliers, or that might constitute harassment or bullying. Examples of such conduct might include offensive posts meant to intentionally harm someone’s reputation or posts that could contribute to a hostile work environment on the basis of race, sex, disability, religion or any other status protected by law or company policy. 9

10. ©SHRM 200810 [Employer Name] Policy and Procedures on the use of Social Media in the Workplace Be honest and accurate Make sure you are always honest and accurate when posting information or news, and if you make a mistake, correct it quickly. Be open about any previous posts you have altered. Remember that the Internet archives almost everything; therefore, even deleted postings can be searched. Never post any information or rumors that you know to be false about [Employer Name], fellow associates, members, customers, suppliers, people working on behalf of [Employer Name] or competitors.

11. ©SHRM 2008 [Employer Name] Policy and Procedures on the use of Social Media in the Workplace Post only appropriate and respectful content Maintain the confidentiality of [Employer Name]’s trade secrets and private or confidential information. Trades secrets may include information regarding the development of systems, processes, products, know-how and technology. Do not post internal reports, policies, procedures or other internal business-related confidential communications. Respect financial disclosure laws. It is illegal to communicate or give a “tip” on inside information to others so that they may buy or sell stocks or securities. Such online conduct may also violate the Insider Trading Policy. Do not create a link from your blog, website or other social networking site to a [Employer Name] website without identifying yourself as a [Employer Name]’s associate. 11

12. ©SHRM 2008 [Employer Name] Policy and Procedures on the use of Social Media in the Workplace Post only appropriate and respectful content (cont.) Express only your personal opinions. Never represent yourself as a spokesperson for [Employer Name]. If [Employer Name] is a subject of the content you are creating, be clear and open about the fact that you are an associate and make it clear that your views do not represent those of [Employer Name], fellow associates, members, customers, suppliers or people working on behalf of [Employer Name]. If you do publish a blog or post online related to the work you do or subjects associated with [Employer Name], make it clear that you are not speaking on behalf of [Employer Name]. It is best to include a disclaimer such as “The postings on this site are my own and do not necessarily reflect the views of [Employer Name].” 12

13. ©SHRM 2008 [Employer Name] Policy and Procedures on the use of Social Media in the Workplace Using social media at work Refrain from using social media while on work time or on equipment we provide, unless it is work-related as authorized by your manager or consistent with the Company Equipment Policy. Do not use [Employer Name] e-mail addresses to register on social networks, blogs or other online tools designed for personal use. 13

14. ©SHRM 2008 [Employer Name] Policy and Procedures on the use of Social Media in the Workplace Retaliation is prohibited [Employer Name] prohibits taking negative action against any associate for reporting a possible deviation from this policy or for cooperating in an investigation. Any associate who retaliates against another associate for reporting a possible deviation from this policy or for cooperating in an investigation will be subject to disciplinary action, up to and including termination. 14

15. ©SHRM 2008 [Employer Name] Policy and Procedures on the use of Social Media in the Workplace Users who violate this policy may be subject to discipline, up to and including termination of employment. If you have any questions about the policy or a specific posting out on the web, please contact Human Resources. [Employer Name] reserves the right to inspect, monitor and have access to company computers, electronic mail, voicemail messages and Internet communications. Employees should not assume any expectation of privacy in the workplace. 15

16. ©SHRM 200816 Questions? Comments? Questions, comments or concerns regarding this training or [Employer Name]’s Social Media Use in the Workplace should be directed to: [Contact Information]

17. ©SHRM 2008 (Note to presenter: The following slides should be used for training supervisors and managers on Social Media use and Social Networking sites. The remainder of this presentation is not intended for general employees.) 17

18. ©SHRM 2008 [Employer Name] Social Media Guidelines for Supervisors and Managers Social Media Guidelines for Supervisors and Managers Social networking sites, such as Facebook, pose specific concerns for managers and supervisors of [Employer Name]. While employees of [Employer Name] are expected to follow the guidelines and expectations outlined in the Social Media Policy, managers and supervisors must be aware of their responsibility to report and respond to any inappropriate postings or behaviors online that are observed or brought to their attention. Incidents of workplace harassment and discrimination by employees should be reported to HR and investigated regardless of whether it occurs in person or online. Inappropriate conduct online is just as serious as inappropriate conduct in the workplace. 18

19. ©SHRM 2008 “Friending” Employees [Employer Name] strongly discourages supervisors and managers from “friending” or obtaining access to employee’s personal online information when it is not work-related and there is no business necessity. While maintaining personal relationships with employees is important from an employee relations standpoint, the sensitivity of the type of information available on social networking sites and the risks associated with employer access to such personal employee information outweigh the benefits. [Employer Name] supports other forms of camaraderie that are more appropriate for managers, supervisors and subordinates. 19 [Employer Name] Social Media Guidelines for Supervisors and Managers

20. ©SHRM 2008 Examples  While “friending” an employee online may seem innocuous enough at first blush, such blurring of lines between managers and employees can increase the chance—should a working relationship turn south—of additional claims in any subsequent employment litigation. Managers all too easily will wind up with too much information if they have friended their employees, including personal information that might fall within a protected category under federal or state employment laws and that a fired or disciplined employee might later argue was the real reason for any adverse employment action. 20

21. ©SHRM 2008 Examples  Suppose a manager recommends a new employee on LinkedIn, providing a glowing recommendation. Fast forward to a few months later, when it becomes apparent the employee is doing a terrible job and is terminated. Even if the fired employee has received a bad performance review by then, the terminated employee is likely to point to a manager’s recommendation on a social networking site as evidence that he or she really wasn’t so bad at the job after all. And then the former employee, no doubt, will allege the termination instead was for some unlawful reason, such as blowing the whistle on unlawful wage and hour practices. 21

22. ©SHRM 2008 Privacy Laws Governing Social Media The laws that may affect workplace use of social media include the following: The Stored Communications Act (SCA) The Fair Credit Reporting Act (FCRA) The Genetic Information Nondiscrimination Act (GINA) Common law privacy principles The National Labor Relations Act (NLRA) 22

23. ©SHRM 2008 Privacy Laws Governing Social Media The Stored Communications Act (SCA) The SCA protects the privacy of electronic communications while they are being transmitted. So, for example, you cannot listen in on an employee’s phone calls or access unopened e- mail. However, the law allows interception of communications with the employee’s consent, either actual or implied. And, further, the SCA is not violated if someone intentionally accesses an electronic communication that is readily accessible to the general public. 23

24. ©SHRM 2008 Privacy Laws Governing Social Media The Fair Credit Reporting Act (FCRA) If you use a third party to do background checks that include viewing employees’ social media posts, the FCRA requires that you first obtain the applicant’s consent. The Genetic Information Nondiscrimination Act (GINA) The GINA regulations prohibit any questions regarding someone’s genetic information and discrimination based on genetic information. GINA can be implicated, therefore, if on someone’s Facebook page, he or she begins talking about health information. 24

25. ©SHRM 2008 Privacy Laws Governing Social Media Common law privacy principles In common law, “privacy” is the legal right to be left alone. There are various forms of this right, but the one most implicated by the use of social media is the “intrusion upon seclusion.” One who intentionally intrudes physically or otherwise upon the solitude or seclusion of another or his or her private affairs or concerns is subject to liability to the other for invasion of privacy if the intrusion would be highly offensive to a reasonable person. 25

26. ©SHRM 2008 National Labor Relations Act (NLRA) Section 7 of the National Labor Relations Act (NLRA) permits employees to engage in “concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Regardless whether the employer is unionized, employees must be free to discuss the terms and conditions of employment without fear of reprisal. Recent actions by the National Labor Relations Board (NLRB) make it unmistakably clear that the NLRB shows no signs of retreating from its strong stance that Section 7 rights carry at least equal weight in the context of social media as compared with more traditional forums. 26

27. ©SHRM 200827 Questions? Comments?