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:
1. Why Your Company Needs a Social Media Policy
Social Media includes a constantly changing number and variety of internet and otherwise interactive sites, software, and communications that allow users to communicate with each other. Analysis of the social media demographic demonstrates clearly that nearly all demographic groups from nearly all regions of the world are already online in some form of social media, and their numbers are growing. Regardless of what your company does, people are talking about it – good, bad, or indifferent. Social media is becoming a mainstay in communications. This can be used to an employer’s advantage by acknowledging this reality to employees and customers, and managing risks by making it clear to employees where lines are drawn between professional and personal use of the medium. A social media policy, in simplest terms, is a company’s principles and guidelines for communicating online to the outside world.
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legal,
NLRA,
NLRB,
policies,
social media policies,
social media policy
I recently came across this article and thought I would repost it here. It provides unbelievable depth and expert advice on how to structure an effective social media policy, making it an excellent resource for individuals creating a social media policy within your own organization.
Creating a policy about blogging and social networking offers a chance to minimize the risks for employers, says attorney Thomas Deer. It makes employees aware of their employers’ position on the use of social media, and it provides a reference point if it is necessary to take adverse action against someone for their online activity.
Deer’s tips on social networking came at BLR’s National Employment Law Update held last week in Las Vegas. Deer is a shareholder in the Chicago office of law firm Ogletree, Deakins, Nash, Smoak & Stewart PC.
When preparing policies to deal with blogging, employers should be cautious about not going “too far,” Deer says. The NLRA can be a tripwire for the unwary. For example, a policy prohibiting employees from saying “anything negative” about their employer would clearly run afoul of the NLRB since this type of discussion is at the core of the right to form unions or engage in concerted activity.
It is much better to be specific in prohibitions against disclosing “trade secrets,” and “business confidential information like customer list, business plans, formulas and pricing data” or “private confidential information about other employees like social security numbers, medical records and the like,” Deer says.
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compliance,
social media policies,
social media policy
It could almost read like a personals ad: mature, rules-oriented, ethical and upright professional seeks partner who is strong, law-abiding and willing to offer support in times of hard labor.
Many companies are still struggling to find the perfect match between workplace guidelines and legal precedence — and how far social media policies can extend outside of the traditional four walls. What was seen as the opportunity to create legal precedence — or at the very least clarity — regarding this, was the highly watched case of Souza vs AMR.
Back in 2009, Dawnmarie Souza, an emergency medical technician with ambulance service company American Medical Response of Connecticut, was fired after criticizing her supervisor on Facebook. Her case was scheduled to be heard before a federal labor board judge in Hartford, Connecticut, on Feb. 8. But what many companies were hoping would be a way to establish legal precedence on workplace behavior and social media has now been settled out of court, leaving still many unanswered questions as to what is and what’s not enforceable when it comes to social media participation.
Employees may be rejoicing, but some legal experts are disappointed that the National Labor Relations Board reached a settlement on Feb. 7 with a company that fired an employee for bad mouthing her boss on Facebook, dashing hopes for a legal precedent to guide employers’ social media policies.
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employees,
guidelines,
labor,
social media policies,
social media policy,
workforce,
workplace guidelines
I don’t think any one really wonders IF they should have a corporate social media policy anymore, but rather it seems the bigger question is how to actually create one. There are many web sites that offer sample policies that are easily findable through a search; however, I thought I would highlight two web resources that I use / visit fairly regularly when researching corporate social media policies.
SocialMediaGovernance.com
http://socialmediagovernance.com/
Chris Boudreaux created SocialMediaGovernance.com to provide tools and resources for leaders and managers who want to get the most from their social media and social application investments.
Chris has also recently analyzed all of the policy documents that people from around the world have submitted into the Social Media Policy Database. The report also contains best practices for social media policies, which he developed through his work with clients across industries.
You can download the report and see what he found regarding the following questions:
- To what extent do organizations focus on risks versus opportunities in social media?
- What types of guidelines do organizations provide to employees?
- How are organizations providing guidance to employees who represent the organization in social media?
PolicyTool by rtraction
http://socialmedia.policytool.net/
I actually came across this site completely by accident when I realized that I was getting referring visits from it. The very intuitive interface of PolicyTool for Social Media walks you through basic steps to drafting policies for your website or software project.
Tagged as:
chris boudreaux,
david r. canton,
policytool for social media,
rtraction,
social media policy,
socialmediagovernance.com
It’ s really no longer a question of IF your company should establish social media guidelines but rather WHEN will you create them. With the growing audience of social media users internally and externally, it would be to a company’s detriment to overlook community policies for their employees. If you haven’t realized the full impact of how social media can impact your company brand and marketing efforts, you should check out these 5 Social Media Disasters.
Some ideas on how to create a corporate social media policy:
- Involve Stakeholders Throughout the Enterprise – Social media isn’t just for corporate communications. There are ample benefits for HR, sales, accounting, product development, executive and operations. Involve these people early so you craft a policy that encourages innovation and reflects the strengths and limitations of those departments.
- Set Aside “You Can’t Do That” Thinking – You’ve heard the mantras about “If you always do what you’ve always done…,” right? Social media is a new-ish approach to business. It enables new forms of collaboration, new approaches to problem-solving, and new ways to increase efficiency. “You can’t do that!” is our default response, a knee-jerk posture we instinctively deploy as a defense against discomfort. Hear it, recognize it, accept it, and set it aside. Then, proceed.
- Acknowledge Today’s Paradigms, But Plan for Tomorrow’s – Don’t draft a policy that reflects how you’ve done business for the last 100 years. Instead, think about the next 100 years. Technology, cultures, and human behaviors change. Is your policy flexible enough to adapt as the world around you evolves?
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social media,
social media guidelines,
social media policy
You Need a Social Networking Policy Now
