Source:
Association of Corporate Counsel,
Mary E. Windham, Labor & Employment attorney, Womble Carlyle Sandridge & Rice
Though the National Labor Relations Act has been around since the 1930s, its recent application to a relatively new sphere of activity, the virtual world of social media, has created a host of uncertainties. Are employees’ posts about their workplaces and colleagues on Facebook, Twitter, and other social media protected speech, or the stuff that may rightfully subject employees to discipline for violation of company policy prohibiting disparagement, discrimination, or defamation? Though the National Labor Relations Board (“NLRB”) has yet to issue a decision on social media policy, over the last nine months it has aggressively publicized complaints and settlements in connection with cases involving employer rules concerning social media use and employee discipline. Employers – both unionized and non-unionized – should review their social media policies and enforcement practices. In the midst of ongoing controversies and the continuing explosion of online social networks, employers should consider the following:
Tagged as:
legal,
NLRA,
NLRB,
policies,
social media policies,
social media policy
As we have adopted social media into our organizations, we’ve seen many instances where it has become necessary to discipline employees because of their behavior on social networking sites due to the negative light that behavior has shed on a company. It goes without saying that because of these behaviors, companies have scrambled to draft social media policies to minimize these occurrences and to manage employee performance overall. In many circumstances, actions and policies are put into place to protect the employee as much as the company.
But aside from social behavior, social feedback is another component of social media that is becoming a growing trend in its impact on performance management – using the comments and / or criticisms a company receives on social networking sites to manage performance.
Tagged as:
compliance,
hr,
performance management,
performance review,
policies,
social feedback,
social media policies
I’m researching for my upcoming presentation at the Conference Board’s “Social Media and HR” conference, and I came across this great post. I thought I would share it here. If you plan on attending the Social Media and HR conference, please let me know! I’d love to connect in person.
Enterprise social networking tools heighten business collaboration, but they also introduce new risks and challenges. In the absence of an aggressive, risk-based approach to HR and compliance regulations, business social networking tools – whether private or public – could put your enterprise in jeopardy.
Tagged as:
compliance,
hr,
legal,
policies,
social media policies
Social media is one of the hottest topics today, with the pros and cons of its use being debated in board rooms nationwide. In light of recent restrictions on employees’ social media use (ESPN, Marine Corps, NFL), companies are discussing whether, how and to what degree they should restrict or encourage their employees to use social networking tools. The “Social Media: Embracing the Opportunities, Averting the Risks” webinar offered insight into business leaders’ views and perceptions on this issue and provided actionable recommendations and advice on the development of social media policies and employee training sessions. The webinar also highlighted the insights gleaned from the recent national study conducted by Russell Herder, in conjunction with Ethos Business Law, on social media trends in the workplace and policy adoption.
Tagged as:
best practices,
policies,
russell herder
