1. MANAGING EMPLOYEE BLOGS, FACEBOOK PAGES AND WEBSITES Jonathan M. Crotty September 24, 2009

2. INTRODUCTION  “The Spec-Tator”  Whole Foods Mystery Blogger  Domino’s Pizza Hickory “Pranksters” 2

3. WHAT SITES ARE WE TALKING ABOUT?  Social networking sites – Facebook, MySpace, LinkedIn  Twitter  Wikipedia  Blogs and personal websites  YouTube 3

4. WHY ARE COMPANIES CONCERNED?  Use at work – time wasting, harassment  Effects of postings on company  Customer relationships  Confidential information disclosure  Public image  SEC compliance 4

5. BLOGS AND THE WORKPLACE “The average IQ in America would increase if a bomb were dropped on Wal-mart Stores.” --David Noordewier

6. ON THE OTHER HAND…  Businesses want to encourage legitimate and productive use of social networking sites  Company sponsored or encouraged blogs  “Tweets” to customers regarding new developments  LinkedIn and business networking 6

7. SURVEY RESULTS 7

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11. SURVEY RESULTS 11

12. SURVEY RESULTS 12

13. SURVEY RESULTS 13

14. SURVEY RESULTS 14

15. SURVEY RESULTS 15

16. SURVEY RESULTS 16

17. SURVEY RESULTS 17

18. SURVEY RESULTS 18

19. INTERNET SCREENING OF EMPLOYEES AND APPLICANTS  Bozeman, MT password disclosure for applicants and subsequent public outcry 19

20. PUBLIC SCHOOL TEACHERS GONE WILD  Charlotte Observer:  According to the report, four other instructors have been disciplined for using the social network for posts showing "poor judgment and bad taste." One teacher listed drinking as a favorite hobby and described her job as "teaching chitlins in the ghetto of Charlotte."

21. TWITTER TWIT  Job seeker offered a job Tweeted this:  “Cisco just offered me a job! Now I have to weigh the utility of a fatty paycheck against the daily commute to San Jose and hating the work.”  To which, someone at Cisco responded:  “Who is the hiring manager. I’m sure they would love to know that you will hate the work. We here at Cisco are versed in the web.”

22. FACEBOOK FAIL  Former employee of Philadelphia Eagles, posted this status update:  “Dan is ******* devastated about Dawkins signing with Denver…Dam Eagles r Retarded.”

23. WHAT EMPLOYER WOULD NOT WANT TO KNOW THIS?  Employment at-will provides some protections  Internet as “public sidewalk”  Protect against co-worker harassment  Confidential information/SEC compliance 23

24. LEGAL ISSUES INVOLVED WITH INTERNET SEARCHES “The reason I started my blog in the first place was as a form of therapy.” “I have decided to continue to blog and spread my story about employer backlash.”

25. EEO/LABOR ISSUES  ADA and confidential medical information  GINA  NLRA  SOX 25

26. OTHER EMPLOYEE CLAIMS  Invasion of privacy  FCRA – unauthorized consumer reports  Lawful products statutes  Political beliefs – public employers 26

27. FEDERAL ANTI-HACKING LAWS  Stored Communications Act  Computer Fraud and Abuse Act  Electronic Communications Privacy Act 27

28. BALANCING THE NEED TO KNOW WITH SEARCH RISKS  Think through in advance  One solution not right for all companies  Consult with HR, marketing, etc. 28

29. BLOGGING POLICY  Set expectations and boundaries  Elements:  Use of disclaimers  Use at work  Prohibited conduct  Disciplinary consequences 29

30. SCREENING GUIDELINES  When will Internet searches be conducted?  Who will conduct the searches?  Screening irrelevant information from decision makers  Disclosures to applicants/employees about searches 30

31. DON’T IGNORE CONSTRUCTIVE USES OF TECHNOLOGY  Encourage use where appropriate  Set guidelines for company- sponsored social networking  Top management should lead by example 31

32. Jonathan M. Crotty Attorney at Law Three Wachovia Center 401 South Tryon Street Suite 3000 Charlotte, NC 28202 Direct Dial 704-335-9041 Facsimile 704-335-9558 Main 704-372-9000 jonathancrotty@parkerpoe.com www.parkerpoe.com