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AssociatedFinancialGroup.com

Social Networking

Risks and Rewards

Presented By:

Amber Richard, Director of Interactive Marketing, YMCA of the Greater

Twin Cities

Natalie Lenz, Human Resources Generalist, YMCA, of the Greater Twin

Cities

Yvonne Shorts Lind, J.D., HR Consultant, Associated Financial Group


Copyright © 2012 by Associated Financial Group, LLC

Social Networking Poll

• How many users on Facebook

worldwide?

– Answer: Over one billion

• What percentage of 18 to 24 year-olds

– Answer: 98%

• What percentage of companies use

social media to recruit employees?

– Answer: More than 90%



Scope of Social Networking



Benefits + Rewards



Benefits + Rewards

• Awareness/Branding +

PR

• Member Service + PR

• Trends +

Member/Supporter

Feedback

• Member/Supporter

Education

• Fundraising

• Communication

– Faster/Efficient

• Recruiting

• Employee Training

• Speed



Leveraging SoMe at Ys



Leveraging SoMe at Camps



SoMe Structure at the Y

• Decentralized: Y’s and Camps

• Centralized: YMCA of the Greater Twin

Cities Policies – Human Resources

• Protocols - Marketing

• Training



Social Networking Websites



Types of Data Stored

• Information maintained in data systems often

represents highly confidential and “sensitive”

information:

– Financial

– Medical

– Social Security Numbers (DOB, maiden name)

– Credit information

– Immigration documentation

– Intellectual property (patents, trademarks and copyrights)



Data Breach Risks

• Confidential information can be exploited for

many purposes

– Identity theft

– Identity fraud

– Medical fraud

– Personal or professional gain

– Industrial sabotage

– Harm to reputation or good will



Social Networking Risks

• Social Networking Websites (SNW) pose risks for

unprepared employers

– Lines between personal and professional lives are blurred

– Employee’s use on company time can cause lost

productivity (estimated to be as high as 2.25b annually)

– 43% of employees access SNW at work

– 50% of employees are searching for a new job while at work

– Only 26% of employers surveyed recently block SNW at work » Social Networking and Reputational Risk in the Workplace: Deloitte LLP 2009 Ethics &

Workplace Survey Results




• Employee’s use on/off company time can cause harm

to company’s reputation/brand

– 74% of employees surveyed believed it is easy to damage a

company’s brand or reputation via sites such as Facebook,

Twitter and YouTube

– 15% of employees would comment via SNW if employer did

something they didn’t agree with

– 37% of employees don’t consider what their boss or

colleagues would think when posting

– 34% don’t consider impact on their clients before posting » Social Networking and Reputational Risk in the Workplace: Deloitte LLP 2009 Ethics &

Workplace Survey Results




• Employee’s use on/off duty time can cause potential

liability to employer

– Harassment of co-workers, clients and/or vendors

– Defamation of colleagues or third-parties (i.e., members)

– Basis for discrimination claims

– Breach of confidentiality or other proprietary information

– Negligent references

– Violations of non-compete, non-disclosure and non-solicitation

agreements




• Employer’s use of SNW can also cause potential

exposure when used for hiring or other employment

decisions – Sites reveal protected class status and not always true

persona

– Sites can reveal unauthorized or inflated references from

former colleagues

– Harm to employee morale

• 66% employers believe they have “right to know how employees

portray themselves…

• While 53% employees believe their SNW are none of employer’s

business


Facebook: Over 1b active users and more than 200m users access FB

through their mobile devices. 700b minutes per month on FB. Average

person has 130 “friends.” www.Facebook.com/press

http://www.facebook.com/press



SNW Risks -

Legal Minefields

• Privacy laws (federal and state) – Social Media Login laws banning employers from asking

employees for user names, passwords and other social

media information

• Maryland, Illinois, California

• Whistleblower statutes – Federal and state statutes protect an employee’s ability to

raise legitimate concerns about the occurrence of illegal or

unethical activities

• State Off-duty statutes

– Minnesota and Wisconsin protect employees’ use of lawful

consumable products outside work



Legal Minefields – NLRA Rights

• National Labor Relations Act (NLRA)

– Applies to union and non-union employers

– Enforced by the NLRB

– Section 7 of NLRA gives employees right to organize

unions, collectively bargain and “to engage in other

concerted activities for purposes of collective

bargaining or other mutual aid or protection.”

– Concerted activity is when two or more employees

come together to discuss “terms and conditions of

employment” (wages, benefits, work hours, safety,

dress codes, disdain for management)




• Section 8(a)(1) prohibits an employer from

interfering with employees who engage in

concerted activity.

• Concerted Activities

– Must involve more than one employee but

– An individual employee may act on the behalf of

other employees in furtherance of a common

workplace interest

• Concerted activity is not action taken solely

for one’s personal purpose




• Activity is considered for employees’ mutual aid and

protection when the activity seeks to improve the

terms and conditions of employment.

– Activities do not need to be related to unions or

collective bargaining to be considered activity for the

purpose of mutual aid and protection.

• Activities that are Not Protected under Section 7

– Activities that are violent, unlawful, in breach of

contract or unjustifiable disloyal

– For example, violations of an employer’s harassment

policy is not protected




• NLRB has held that some standard employer policies

violated section 8 of the NLRA because the policies

would reasonably “chill” employees’ exercise of

section 7 rights

• Explicit

• Implicit:

1. Employees would reasonably construe to prohibit

Section 7 activity;

2. Rule created in response to union activity; or

3. Rule applied to restrict exercise of Section 7 rights



NLRA Section 7 Rights

• NLRB has found no concerted activity where:

– Employee did not discuss issue with co-workers before

or after post (either verbally or via social media)

– Social Media post did not arise from common concern

of employees

– Employee’s activity was so egregious so as to lose

protection under the Act

– Employee’s posts were expression of an individual

gripe, rather than activity sought to induce or incite

group action




• Employer Policies Held to Violate Sect. 8 of the NLRA:

– Restricting employees from posting pictures of themselves

depicting the company

– Courtesy rule prohibiting disrespectful language that injured the

image or reputation of the company

– Prohibiting on posting, distributing, removal or alternation of any

material on company property regardless if during non-work time

– Banning employees from discussing “private matters . . . Including

sick calls, leaves of absence, FMLA call-outs, ADA

accommodations, workers’ compensation injuries, personal health

information”

– Restricting discussion of “sensitive information” which included

payroll information

– Prohibiting employees from sharing the names, addresses, phone

numbers and email addresses of co-workers



• Best practices for social networking for workplace

– Consider blocking access during company time – but

evaluate your corporate culture and business needs first

– Limit use during company time to only employees with

business need (marketing, sales)

– Train all managers and employees who use SNW for work

purposes regarding proper and improper uses

– Review confidentiality, non-compete and non-solicitation

policies and agreements

– Monitor compliance

SNW Best Practices



• Post detailed policy regarding use on and off work

– No expectation of privacy

– Control what can and cannot be posted about employer

(comments, photos, references, videos, company information)

• Include consequences for violating policies

• Ensure policy is narrowly tailored (NLRA)

– Evaluate and reinforce other workplace policies (unlawful

harassment, code of conduct, EEO and workplace monitoring).

– Consider “open door” and union avoidance and/or “employer

of choice” type policies and practices

– Evaluate “boundaries” between managers and direct reports

being connected on SNW

SNW Best Practices



QUESTIONS?



Thank You!

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