How to navigate Social Media Networks. Talking Finger Social Media Marketing facebook.com/talkingfinger Review of websites that allow you to data-mine public information found on Social Media sites and web searches, Employee use of Social Media and best practices to minimize employer risk.

What we are going to talk about The rules Why you need to lock down your social media profile (Security) Sites to find info on. HR Concerns WebPages for reference. Legal battles over Social Media

The Rules Pre-Screening Con: Checks Are Dangerous Experts against doing social media background checks say that they are dangerous, for several reasons: 1. In doing these checks, youre bound to find out information about applicants that you dont want, such as race, religion, age, etc. Even though its obtained innocently, that information could be used against you if you dont hire the person. He or she can always say, you didnt hire me because of my race, or because of my disability, or because of my family responsibilities. 2. In addition, theres the danger of making a decision based on false information, either due to confusion of names, or purposeful placement of malicious information. 3. Finally, theres also some risk related to invasion of privacy and misuse of websites, especially if you access information with an assumed name or under false pretenses. Pro: Part of Due Diligence However, the other side says, you must do such checks, because thats how youll find out about the real person. Advocates of this approach say its now part of due diligence to do a social media background check, and if you fail to do it, events down the line could cause you to be accused of negligent hiring. For example, say a person turns violent and injures other employees, and a pre- hire Google search would have uncovered a history of violence. The full article can be found here. no/?_m=3l.000l.17.hj0akvkcsb.v4 no/?_m=3l.000l.17.hj0akvkcsb.v4

Security Here is a picture that was posted on Facebook. 1-I dont know David but I know a friend of his and I was alerted to this photo through his post. 2-This is a proud dad showing off his daughters new drivers license. Problem is ALL here personal info is here. (I blacked out the important stuff) This is the simple stuff that one can find on Facebook.

Security Make sure all you setting on Facebook, LinkedIn, Twitter…etc are set to protect yourself. LinkedIn has a feature under the setting tab called Make my public profile visible to no one/Everyone. Twitter. Anyone can follow anyone. Or even view what they have said with out following them Great way to see what they are saying. YouTube is the same. Google/Bing/Yahoo…Search there also and use Images as well as Web search. ALSO put the search in Facebook has switches that allow for: – Only Me (Very Secure) – Friends (Only your trusted friends) – Friends of Friends. (open) – All (You are wide open!)

Websites where we can find data (basic public info) (good in-depth site) (medium info, but good) (basic public info) (really good) (really good) (Software) public records (Social search only on Bing) machine.com ( goes back to old website data) machine.com

Non Traditional Site Searches If you have an address on the resume you can search: eBay.com Amazon.com Craigslist. Google/Bing/Yahoo…etc

HR Concerns How To Legally Police Employee Gripes On Facebook To Legally Police Employee Gripes On Facebook Having a social media policy in the work place. Use Google Alerts with your company name and the major players at your company. You will get a daily when Google crawls various websites, social sites and blogs. This info has a hyperlink and will take you directly to the link.

Information Easily Found on Social Networking Sites EducationWork History Career Interests HobbiesFavorite Music Favorite Movies Vacation Photos Party Photos Family Information Links to Profiles of Friends Links to BlogsPolitical Views

Risk Factor: Reputational Harm to Employers Employees posting videos and photographs damaging to companys image Dominos, Burger King, KFC (next slide) Former employee slamming companys system with disparaging s 200,000 s sent to 35,000 Intel employees complaining about former employees treatment by Intel Former employees cyber-smearing employer Result: $775,000 compensatory and punitive damages award against former employees Varian Medical Systems, Inc. v. Delfino, Santa Clara Super. Ct. No. CV (Dec. 18, 2001)

Social media at work

NLRB V. AMERICAN MEDICAL RESPONSE

American Medical Response fired Dawn Marie Souza for posting negative comments on Facebook about her supervisor, including calling him ascumbag NLRB filed a complaint alleging violations of the NLRA, giving employees the right to discuss the terms and conditions of their employment with their co-workers NLRB V. AMERICAN MEDICAL RESPONSE

HELD: CASE SETTLED. AMR promised to grant employees requests for union representation and to revise its Internet and social media policies NLRB V. AMERICAN MEDICAL RESPONSE

The NLRB considers social media no different than any other medium Employers must allow employees their protected right to discuss among themselves matters affecting their employment, even critical statements made on social media sites TAKEAWAY

Risk Factor: Employee Discipline National Labor Relations Act o Employees who IM or blog about their working conditions or employers may be protected under the NLRA o Employees have a right to engage in "concerted activity for the purpose of collective bargaining or other mutual aid or protection o Applies to both union and non-union employees

Laws to Consider National Labor Relations Act (NLRA) Stored Communications Act (SCA) Fair Credit Reporting Act (FCRA) Genetic Information Nondiscrimination Act (GINA) Health Insurance Portability and Accountability Act (HIPAA) Common law privacy principles

Issues and Land Mines HIPAA / Privacy Photographs Discrimination – Recruitment and employment – Policy application Harassment – Co-workers – Supervisors FMLA Workplace violence - threats Defamation Whistle-blowing Misuse of confidential information or trade secrets Offending constituents

NLRA & Board Action NLRA applies to virtually all private employers and employees, not just unionized workplaces. Employees are protected from adverse action for engaging in concerted activities to improve working conditions.

NLRA & Board Action Section 7 of the NLRA: Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities....

NLRA & Board Action Protected activity includes, but is not limited to: – Employee discussions of wages, hours, and other working conditions – Complaints to management about the terms and conditions of employment – Other activities for mutual aid or protection – not just union-oriented activities

NLRA & Board Action What is not concerted activity: – Employee ranting on social media site but not communicating with co-workers; – Disparaging the supervisor over something unrelated to work – such as the supervisors sexual orientation; or – Statements that are disloyal – courts have found statements to be disloyal when they are defamatory and are not supported by the facts.

SOCIAL MEDIA- Policy

Educate Employees on Expectations – Sensitive and confidential information should not be disclosed to the public – Social networking activity should be consistent with company policies on computer use, privacy, identification etc. – Posts can blur distinction between personal opinion and company approved statements Inaccurate posts should be corrected – Consequences of violating policies Social Media Policies/Guidelines

REDUCE COMPANY EXPOSURE TO LITIGATION Create Rules for Social Media Use – No disclosure of confidential information – No harassment, bullying – No disparagement of company or competitors Caution: NLRA concerted activity – Follow copyright laws Employees blogging, posting about industry or company should make clear that opinions are personal and not company approved Create Boundaries for Business versus Personal Relationships Develop written social networking and blogging policies that do not run afoul of the NLRA and revise those policies that do. – Clearly define expectations of use of social media – Identify prohibited activities (e.g. sexual harassment) – Identify risks of posting – Explain discipline for policy violations – Require employees to report policy violations Social Media Policies/Guidelines

Terms of an Effective Internet Use Policy Employer should REVIEW AND REVISE policies regularly – Need to put date on each revision Employer should ACTUALLY MONITOR use of the system and devices to maintain and protect policys integrity –Guard against violations and inconsistent use 27

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