My Space or Your Space Social Networking

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My Space

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My Space ® or Your Space? Person to person communication SOUTH DAKOTA RETAILERS ASSOCIATION Presented by: Christopher E. Hoyme Jackson Lewis, LLP 10050 Regency Circle, Suite 400 Omaha, NE 68114 (402) 391-1991 HoymeC@jacksonlewis.com www.jacksonlewis.com

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EMPLOYEE SOCIAL NETWORKING SITES

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Types Of Social Networking Email Instant Messaging Social Media Sites FaceBook® MySpace ® LinkedIn ® Blogs Twitter ® On-Line Media YouTube ®

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The Internet: Resources And Risks The data age has conveyed new assets and new difficulties to the working environment. Progressively, managers are swinging to the web to acquire more data about employment candidates. There is a strain, be that as it may, between the need to get data and the dangers related with following up on data got on the web.

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Frequency Of Use During Working Hours 6% of representatives visit interpersonal interaction destinations just for business reasons 5% … get to long range informal communication locales just for individual reasons 10% … get to interpersonal interaction locales for both business and individual reasons 52% … pick not to utilize person to person communication locales amid work hours 26% … expressed the organization's system keeps them from getting to these locales SOURCE: http://www.deloitte.com/dtt/cda/doc/content/us_2009_ethics_workplace_survey_220509.pdf

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Other Employment-Related Statistics 74% of workers reviewed say it's anything but difficult to harm an organization's notoriety via web-based networking media. 53% of representative respondents said their informal communication pages are none of their bosses' business. 40% of business official respondents dissent, and 30% admit to casually checking informal communication destinations. 15% of workers say that if their manager accomplished something that they didn't concur with, they would remark about it on line. SOURCE: http://www.deloitte.com/dtt/cda/doc/content/us_2009_ethics_workplace_survey_220509.pdf

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Employment-Related Uses by Employees Find occupations. Speak with different representatives. Speak with customers, merchants or clients. Look into planned businesses. Individual correspondence. Getting the message out about an item or administration. Dissing the occupation, the supervisor or collaborators.

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Sample MySpace® Page

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Sample MySpace® Profile

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Employment-Related Uses by Employers Maintaining organization supported locales Branding or promoting apparatus Introduce items Build dependability among representatives Screen applicants Actively look for and enlist workers Communicate with workers Monitor the organization's notoriety Increase clients and client unwaveringness

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Potential Liabilities General Areas Exhibitionism : absence of sifting when posting data Voyeurism : scanning for data Electronic Footprints Shows where you have been and what you have been doing on line Can be utilized for e-revelation

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Risks for Employees Disclosure of boss' competitive advantages or other private data Liability for criticism and defamation Spreading untrue and decrying data Invasion of Privacy Claims Harassment/Bullying Disqualification from occupations Posted data may uncover poor relational abilities, drinking, sexual substance, lies about capabilities, state of mind toward past boss, and so on . Copyright encroachment/written falsification

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Risks for Employers Harassment or Bullying by Employees Textual provocation or sexting Discrimination Employer sponsorship of blog Ratification of substance by inaction Obligation to make a move to anticipate or dispense with improper substance once on notice Employer seeing candidate data Sites may contain data in regards to ensured status Information can be accumulated that can't be asked in a meeting May get to be confirmation of what you knew when settling on work choice. Troublesome for business to demonstrate it didn't see and depend upon the data when settling on choice

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Risks for Employers Using the Web to Make Hiring Decisions Many managers and occupation spotters look at potential workers on the Web. Utilizing web indexes, for example, Google or Yahoo and web destinations, for example, PeopleFinders.com, Local.Live.com or Zillow.com Some reviews indicate the greater part of bosses utilize some sort of screening on interpersonal interaction locales.

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Using Social Media for Recruitment Attract Employees – through FaceBook® nearness or publicizing, LinkedIn® examination board or YouTube® Source – Twitter®, LinkedIn® Engage – assemble data from target workers for profiles Screen – take a gander at profiles Close the arrangement – welcome through discussions on informal organization

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Risks for Employers Hiring Issues Associated with Using the Web Lawful individual verifications? Legal taking a break direct? Regardless of the possibility that not unlawful, manager might settle on work choices in view of erroneous data.

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Risks for Employers Hiring Issues Associated with Using the Web Access to data in regards to secured status? Find out about candidate's specialists' remuneration assert? Find out about candidate's liquidation?

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Good Practice for Internet Recruiting Do looks reliably. Archive them. Decide how the data found is applicable to the employment. On the off chance that settle on work choice, in light of data found, keep up records as indicated by state and government law.

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Risks for Employers Privacy Concerns Does checking of or observation of representative sites or social locales abuse worker's entitlement to protection? For the most part, no privilege to security. Unless get to is limited by notice. Wage and Hour Violations Does time spent keeping up or adding to organization supported blog or checking email constitute work under the FLSA?

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Risks for Employers Negligent Referral FaceBook®, LinkedIn®, and Twitter® permit clients to post proposals from their managers. Worker expects point by point great proposal Favorable on-line reference may struggle with representative execution assessments Negative online suggestion might be the reason for criticism assert .

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Risks for Employers Violations of NLRA secured rights Posting may constitute "deliberate activity" NLRA ensures examination of wages, hours and working conditions. Unjustifiable Competition/False Advertising Federal Trade Commission Guides Employer might be obligated for infringement if representative does not reveal relationship to business when worker posts with respect to items and administrations

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Risks for Employers Wrongful Termination Potential Sarbanes Oxley infringement where representative reports unlawful lead on the web and is fired Not certain yet whether production in a blog fulfills detailing prerequisite Potential NLRA infringement where worker whines in blog about organization works on in regards to pay, working conditions Potential hostile to countering infringement where worker fired for grumbling in blog that chief treats blacks uniquely in contrast to whites

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Risks for Employers Disclosure of Trade Secrets or Proprietary Information Risk of unveiling Customer databases Financial reports Privileged passwords

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Risks for Employers Defamation or slander If data is posted on organization blog or organization possessed hardware, boss might be named as a respondent. Copyright encroachment infringement Unauthorized utilization of organization logos

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Risks for Employers Violations of Security Laws Disclosure of non-open material data Illegal Use of Genetic Information Genetic Information Nondisclosure Act (GINA) Cannot segregate in light of hereditary data Cannot settle on work choices in light of hereditary data Strict secrecy prerequisites

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Best Practices For Employees Make representatives mindful that they are liable to same protection laws as businesses. Put representatives on notice with respect to suitable utilization of web. Guarantee representatives comprehend that posting rises to overall production. Make representatives mindful of the security privileges of others.

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Best Practices for Employers Be proactive. Receive an unmistakable strategy. Prepare representatives on the correct utilization of the Internet Consider an aggregate prohibition on the Internet amid working hours. Put workers on notice with respect to potential checking. Be reliable in training for infringement. Comprehend the hazard inborn in utilizing the Internet and create arrangements to oversee potential pitfalls.

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Key Provisions of a Social Media Policy Expectation of Privacy Eliminate worker desire of security when utilizing organization claimed innovation. Give see that observing will happen. Consider advising workers and potential representatives that you plan to screen the Internet. Get discharges for such inquiries.

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Key Provisions of a Social Media Policy Posting During Working Time Prohibit or restrain utilization of interpersonal interaction or blogging at work None or constrained amid working hours BUT, secured action under NLRA

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Key Provisions of a Social Media Policy Required Disclaimers Use genuine character If say organization and communicating assessment with respect to Company, unveil posting is sentiment of representative If talking about boss items or administrations, reveal business relationship

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Key Provisions of a Social Media Policy Employee Responsibility Employee is in charge of online action directed by and by or which can be followed to Company. Against Discrimination and Harassment Information presented on sites ought not annoy or assault a worker, temporary worker, client or seller based upon secured status.

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Key Provisions of a Social Media Policy All Company Polices apply to online utilize: Handbook, Policies Confidentiality of delicate Company information Privacy of individual data Discrimination and Harassment

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Key Provisions of a Social Media Policy Disclosure of Confidential Information Clearly forbid exposure of secret data

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