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Using social networks and social media in the workplace © 2011 Proskauer. All Rights Reserved. 1 September 20, 2011 Stacy H. Barrow

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Presentation on theme: "Using social networks and social media in the workplace © 2011 Proskauer. All Rights Reserved. 1 September 20, 2011 Stacy H. Barrow"— Presentation transcript:

1 Using social networks and social media in the workplace © 2011 Proskauer. All Rights Reserved. 1 September 20, 2011 Stacy H. Barrow sbarrow@proskauer.com 617.526.9648

2 Today’s agenda  Update and current developments on national health care reform  Using social networks and social media in the workplace  Note: Materials are up-to-date as of September 20, 2011 © 2011 Proskauer. All Rights Reserved.

3 Legislative Update  Is it going away?  HR 2: “An Act to repeal the job-killing health care law”  HR 9: “Instructing certain committees to report legislation replacing the job-killing health care law”  Enacted Legislation  Repeal of Vouchers  1099 Correction  Other Areas Being Considered  Elimination of OTC Prescription Drug Requirement  Elimination of CLASS Act  Medical Loss Ratio Changes © 2011 Proskauer. All Rights Reserved.

4 Legislative Update  Budget Control Act of 2011  Passed August 2, 2011  Increased the federal debt limit  Created Joint Select Congressional Committee charged with developing a plan to cut deficit by $1.5 trillion  Failure to do so will result in automatic budget sequestration in 2013  Sequestration is an across-the-board cut in federal spending  Likely cut spending for the Exchanges and subsidies © 2011 Proskauer. All Rights Reserved.

5 Judicial Update  Is it legal? Many constitutional challenges  Suits filed in most states; six federal court decisions:  Thomas More Law Center v. Barack Obama, et al. (MI)  Liberty University v. Timothy Geithner (VA)  Mead v. Holder (DC)  Commonwealth of Virginia v. Sebelius (VA)  Goudy-Bachman v. Sebelius (PA)  Florida v. Dept. of Health and Human Services (FL)  22 Attorneys General, 4 Governors © 2011 Proskauer. All Rights Reserved.

6 Judicial Update  On June 29 th, the 6th Circuit Court in Thomas More Law Center v. Obama ruled that the individual mandate is a valid exercise of congressional authority under the Commerce Clause  The Court found that:  The individual mandate is within Congress’ power to regulate economic activity that has a substantial effect on interstate commerce, even if such activity is wholly intrastate  The Commerce Clause permits Congress to regulate non- economic intrastate activity (e.g., individuals who, through “inaction,” fail to comply with the individual mandate) if doing so is essential to a larger scheme that regulates economic activity (e.g., health care reform) © 2011 Proskauer. All Rights Reserved.

7 Judicial Update  On August 12 th, the 11th Circuit Court in Florida v. Dept. of Health and Human Services ruled that the individual mandate exceeds Congress’ power under the Commerce Clause  The Court found that:  PPACA’s Medicaid expansion provisions are not unconstitutionally coercive  The individual mandate exceeds Congress’ authority to regulate interstate commerce  The individual mandate is not a valid exercise of the tax power  The individual mandate can be severed from the rest of PPACA, so only the individual mandate itself (and nothing else) is invalidated © 2011 Proskauer. All Rights Reserved.

8 Social Networks in the Workplace Social network use is proliferating – in terms of quantity, it is becoming as prevalent as e-mail Companies are increasingly using social networks as a business tool, often as a distinct part of marketing and P.R. strategies Social network use is often at the boundary of the divide between the workplace and the personal ­ Which raises questions as to how rules regarding workplace confidentiality, loyalty, privacy and monitoring apply to social networking and if so, how they are balanced against freedom of expression “Tweets” and other postings have the informality of a verbal remark, but as with any writing or recording, they are essentially permanent and can be forwarded verbatim by any recipient, often to multiple parties © 2011 Proskauer. All Rights Reserved.

9 Social Networks in the Workplace Proskauer performed an informal survey on emerging trends and practices on the use of social media in the workplace. ­ Over 120 responses were received from a broad range of businesses, many of whom have international presence ­ More than three-quarters of responders use social networking for business The majority of these have only started doing so in the last two years Just over a quarter of responders actively block employees’ access to social networking sites, and a similar percentage monitor employee use of social networking sites More than 40 percent of the businesses in the survey have had to deal with employees misusing social networks, and nearly a third have had to take disciplinary action against employees in relation to misuse of social networks Despite the widespread use and misuse of social networking at work, nearly half of responders still do not have social networking policies © 2011 Proskauer. All Rights Reserved.

10 Employer’s monitoring of social network use Are employers permitted to monitor social network use by employees at work on the employer’s equipment? Generally, yes. However there are constraints on the extent to which monitoring is permissible as well as requirements that need to be satisfied to ensure the monitoring is lawful ­ For example, employers generally will not have a right to monitor social network use on an employee’s own devices (such as a smart-phone) © 2011 Proskauer. All Rights Reserved.

11 What limits and considerations apply? An employer must balance its legitimate interest in protecting its business against an employee’s right to privacy (and data privacy rights) Best practices for monitoring employee use of social networking sites include: ­ Having clear, well-defined and well-communicated policies concerning the appropriate use of social networking sites and the sanctions for non-compliance ­ Ensure monitoring goes no further than is necessary to protect the employer’s business interests ­ Implement safeguards and practices to ensure: ­ any monitoring is only done by those representatives of an employer who are authorized and who have a legitimate interest in carrying out any monitoring; ­ any data collected as a result of any monitoring is stored safely, not tampered with and not disseminated more widely that is necessary; and ­ personal data is not stored for any longer than is necessary ­ Train management and employees in the correct use of information technology ­ Be able to evidence any misuse of social networking sites by employees © 2011 Proskauer. All Rights Reserved.

12 What limits and considerations apply? Best practices for monitoring employee use of social networking sites include: ­ Implement safeguards and practices to ensure: ­ any monitoring is only done by those representatives of an employer who are authorized and who have a legitimate interest in carrying out any monitoring; ­ any data collected as a result of any monitoring is stored safely, not tampered with and not disseminated more widely that is necessary; and ­ personal data is not stored for any longer than is necessary © 2011 Proskauer. All Rights Reserved.

13 Employer’s prohibition of social network use May an employer prohibit use of social network sites during work on the employer’s equipment or an employee’s own devices? Generally, yes. However, the prohibition against use of social network sites on an employee’s own devices would not give the employer the right to monitor such devices (which would infringe the employee’s right to privacy in many jurisdictions); rather, the prohibition would be an incident of the employer’s general right to require employees to devote their working hours to their work In addition, an employer is permitted to block access to social network sites on employer-provided equipment © 2011 Proskauer. All Rights Reserved.

14 Social network use and employee discipline May an employer refer to social networking when taking disciplinary action against an employee or making decisions about recruitment and selection? Generally, yes. It is permissible to refer to social networking sites, both when taking disciplinary action against an employee and when making decisions about recruitment and selection ­ However, consider carefully any information obtained from a social networking site ­ The information posted may be inaccurate, out-of-date, not intended to be taken at face value, or even posted by someone other than the employee ­ Relying on information contained in social networking sites creates a risk of discrimination © 2011 Proskauer. All Rights Reserved.

15 Limiting social network use May an employer limit use of social network sites of their employees outside of work? Generally, no. An employer has no right to prohibit the use of social networks per se. ­ However, employees are not entitled to use social networks to do things that would otherwise be impermissible, such as misusing confidential information, infringing intellectual property rights, harassing another employee, or otherwise breaching the duties they owe to their employer ­ Social network policy should be clear that employees can be disciplined for work-related misconduct that they engage in on a social networking site, even on their own time © 2011 Proskauer. All Rights Reserved.

16 Social network survey Q&A 1.Does your business use social networking (e.g., LinkedIn, Facebook) for business purposes? 76% Yes, 24% No 2.Are all, some, or no employees permitted to access social networking sites at work for non-business use? 48% All, 27% Some, 25% None 3.Do you actively block access to social networking sites at work? 30% Yes, 70% No 4.Do you monitor the use of social networking sites at work? 27% Yes, 73% No 5.Do you have any policies in place in relation to social networking? 55% Yes, 45% No © 2011 Proskauer. All Rights Reserved.

17 Social network survey Q&A 6.Is misuse of social networks an issue your business has ever had to deal with? 43% Yes, 57% No 7.Has your business ever had to take disciplinary action against an employee in relation to misuse of social networks? 31% Yes, 69% No © 2011 Proskauer. All Rights Reserved.

18 Questions? September 20, 2011 Stacy H. Barrow sbarrow@proskauer.com 617.526.9648 © 2011 Proskauer. All Rights Reserved.

19 Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness PRESENTED BY: MIKE MURRAY, WEB STRATEGY THOUGHT LEADER, WORLD SYNERGY

20 2 Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness World Synergy is a leading Strategic eBusiness Services company located in Cleveland, Ohio. For over 25 years, from thought to thrive, our eStrategy model has created integrated online marketing and technology strategies to increase clients' sales and improve their ROI. Social Strategy Building – World Synergy Corporate Overview eStrategy Model

21 3 Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness Social Strategy Building – World Synergy Corporate Overview Our 500+ Clients Include: 3M AC Delco Answerthink Consulting ASM International Benefit Advisors Network Chevrolet Clear Channel Communications CM Smith De Nora Disney Elevation Group Fitness Quest French Oil Group Services Innoplast King Nut Lockheed Martin Mergershop Napa Auto Parts Petroliance Ronald McDonald House Spectrum Surgical Instruments Summit Racing Wallace Insurance Group Certifications/Authorized Resellers: Cisco Citrix Dell Google IBackup Microsoft Miva Merchant Sonic Wall Sun Microsystems

22 4 Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness For companies, social media isn’t just public relations. It’s about employee relations. It should augment other wellness promotions. It’s not a substitute. Social Strategy Building: The Facts

23 5 Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness Facebook Users: 750 million (may soon reach 1 billion) Twitter Users: 200 million YouTube Users 490 million Social Strategy Building: The Facts

24 6 Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness 80% of adult internet users have looked online for information a specific disease or treatment. 1 42% of high-performing companies plan to include social networking into health initiatives by 2012. 2 To support wellness programs, employers over the next three years expect to significantly increase their use of technology tools like smart phones. 3 1. Source: Pew Internet & American Life Project, “The Social Life of Health Information, 2011.” 2. Source: Towers Watson “2010 Healthcare Survey” 3. Source: “2010 WORKING WELL: A Global Survey of Health Promotion and Workplace Wellness Strategies,” Buck Consultants (a Xerox company). Social Strategy Building: The Facts

25 7 Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness Human Resource Executive magazine recently reported on social media and wellness. Adam Wootton, senior consultant at Towers Watson in New York, said companies increasingly are tapping into social media for health and wellness strategies. "We've seen a real shift, from companies saying they're looking at it, to saying they're piloting it, to now saying they're actually launching initiatives," he said. Social Strategy Building: Trends

26 8 Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness Employee Benefit News recently reported on the role in social media and wellness at Jarden, parent company of Sunbeam, Mr. Coffee, Oster and more. Rich DiPietro, Jarden’s manager, health and welfare benefits, spoke at a session during EBN's annual Benefits Forum & Expo. He told the attendees that the wellness program benefited by the support it got from Martin Franklin, Jarden's CEO, who ran in 10 consecutive 5K races in some cities where Jarden has a presence. HR staff used handheld flip cams in the 10 locations. Jarden released a video for the whole company. Even without large budgets, DiPietro said other businesses shouldn’t miss out on using social media to encourage employees to engage in wellness. "Don't let that stop you. You can start small and work your way into things, little by little.” Social Strategy Building: Trends

27 9 Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness The South Carolina Hospital Association recently connected with Medical University of South Carolina on its use of Facebook: - Educates employees on health and wellness topics - Posts pictures of employees being healthy at work - Shares fun, wellness events Susan Johnson, MUSC Employee Wellness Program Coordinator, told the association that Facebook news includes: Fitness Fairs START! Walking Day Bike to Work Day Zumba Fest! Breakfast Brain Boost START! Eating Healthy Day, Live cooking events Weight management challenges AHA Heart Walk Food Swap food drive Social Strategy Building: Trends

28 10 Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness Start Slow and Plan - Make sure you understand your employees’ interests. - Be sensitive to different demographics. - Honor your corporate policies and procedures. - Social media shouldn’t break all the rules. - Don’t just create a Twitter account or Facebook page and walk away. Social Strategy Building: What to Do

29 11 Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness Test and Measure - Plan several wellness activities in view of social media. - Don’t assume wellness and social media aren’t a good fit because one tactic fails to draw a big crowd. - Think long term, not a one-time effort to solve employee engagement issues. - Social media should support, not save traditional wellness communications like email, fliers, bulletin boards, posters, etc. Social Strategy Building: What to Do

30 12 Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness Resistance to Using Social Media to Promote Wellness 1. It’s still new. 2. Since it’s not the norm, businesses aren’t jumping right on to fully embrace how to leverage social media to reinforce wellness initiatives. 3. Privacy is a big factor. Individuals are active in social media and consume the Internet for health care information, but they may not want their personal stories told in some cases. Social Strategy Building: What to Do

31 13 Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness Making a Case for Social Media and Wellness 1. People understand social media. Experiencing it through work – with a focus on wellness – is easy to grasp. 2. It’s voluntary – no commitment to engage in the social environment. 3. It can be private – use social media activities with privacy settings or even plug- ins through an Intranet. 4. It’s motivational. People may want to participate more in wellness programs and events if they can track who else is signing up. It may help promote word-of- mouth as well. 5. Social media fosters community and fun, a place for motivation and encouragement (through posts, pictures, video, etc.). 6. Outlet for peer support (more successful when friends, family have similar interests). Social Strategy Building: What to Do

32 14 Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness Making a Case for Social Media and Wellness - Shape expectations – tell employees how they can engage socially - Set the boundaries and rules (adhere to a policy) - Use social media to promote events - Celebrate and honor employee successes - Post resources – books, articles, podcasts, videos, pictures, PDFs - Offer prizes as incentives Social Strategy Building: What to Do

33 15 Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness Other Uses for Social Media & Wellness - Monitor employee sentiment (note questions, confusion, insights) - Get timely feedback - Share your culture with the public - Support recruitment efforts (attract, retain employees) Social Strategy Building: What to Do

34 16 Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness Yammer – for Corporate Use Social Strategy Building: Private Networks www.yammer.com

35 17 Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness Supplement existing efforts. Make sure social media efforts have clear objectives. Ensure that efforts coincide with other corporate policies. Shape what you do with social media in light of your culture. Be creative and sensitive – no need to invade privacy. Social Strategy Building: Key Takeaways

36 18 Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness Follow Us worldsynergy.com/internet-marketing-blog facebook.com/worldsynergy twitter.com/worldsynergy linkedin.com/company/world-synergy-enterprises Mike Murray – Web Marketing Thought Leader mmurray@worldsynergy.com Thank You

37 © 2011 World Synergy. All rights reserved. facebook.com/worldsynergy twitter.com/worldsynergy linkedin.com/companies/world-synergy- enterprises worldsynergy.com/internet-marketing-blog


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