Social Media and Technology Issues in the Workplace. What is Social Media? Social Media is. Becky S. Knutson

Transcription

1 Social Media and Technology Issues in the Workplace Becky S. Knutson 1 What is Social Media? 2 Social Media is Public Communication blogs, wikis, social networking, tweets Instantaneous May be widespread May be copied or altered Does not go away 3 1

2 4 Facebook Business and personal use Pictures and video Written comments Account owner has some privacy options 5 LinkedIn Generally a professional resume and accomplishment service Members may post articles, blogs, operate discussion forums 6 2

3 You Tube Audio and video Generally accessible 7 Twitter microblogging device that is free Tweets may be publicized by texting or posting to internet 8 Snapchat Instant conversation o from smartphones May be saved by either party May include stories to multiple followers 9 3

4 Private Messaging May be traditional communication or limited versions of other communications Snapchat Facebook Messenger Google What Electronic Technology is in Your Workplace? Employer records Client/customer records Licensed software /communication devices and information Electronic storage 12 4

5 13 What Electronic Technology is in Your Workplace? Computers and monitors Smart phones employer and employee owned

6 What may happen with the stored information or electronic communication? Information leaks or republication damaging or defamatory s, smoking guns, inappropriate conduct and reaction thereto; release of confidential information Remember WikiLeaks? Liability for exposure of confidential information such as protected health information, Social Security numbers, tax information, employment information, privileged information may lead to lawsuits by affected persons 18 6

7 Liability risks for republication of downloaded inappropriate content such as pornography, demeaning or illegal comments, harassment, bullying employment claims 19 Dealing with critical or demeaning information about the workplace, the business, the product, the management or co-employees NLRB protections for employees when they engage in concerted activity for mutual aid or protection 20 Should an employer have a policy concerning use of social media and publication of workplace information? Yes, but 21 7

8 The NLRB has Something to Say about Your Policy! Section 7 of the National Labor Relations Act protects "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," as well as the right "to refrain from any or all such activities" of employees. 22 Non-Unionized Employers Even non-unionized employers may be prosecuted for policies and actions violating this rule, under Sec. 8(a)(1) of the NLRA. Lafayette Park Hotel liability found ( ) University Medical Center liability found for unclear, unlimited policies (2001) 23 NLRB Policy Analysis The test: Lutheran Heritage Village - Livonia Does the rule explicitly prohibit Section 7 (discussion of wages, hours, other terms and conditions of employment) conduct? 24 8

9 NLRB Policy Analysis The Test: a) Would employees reasonably construe the employer s rules to prohibit Section 7 conduct? b) Promulgated in response to Section 7 activity? c) Applied to restrict Section 7 rights? 25 NLRB: Certain Policies Violate Prohibition on releasing confidential guest, team member, co-employee or company information Sharing confidential information with coworkers unless needed for job Threatening discharge or prosecution for failing to report unauthorized use of information 26 Policies violating Sec. 7: Requirement that posts be completely accurate, not misleading, not revealing non-public information Posting company financial information Posting co-employee performance, pay, or status information Requiring employer permission for posts Requiring employer notification of all government contacts or inquiries 27 9

10 Policies violating Sec. 7: Prohibiting photos and videos in the workplace without permission 28 Why? They are overbroad They have no clarifying or limiting language They impair concerted activity of discussing matters of mutual concern or redress of grievances under NLRA 29 Policies NOT violating Sec. 7: Prohibition on posting safety performance of systems or vehicle components Prohibition on posting attorney-client information Prohibiting harassing, bullying, discrimination or retaliation by employees Prohibiting posts on behalf of the employer 30 10

11 Policies NOT violating Sec. 7: Prohibition on posting HIPPA and PPACA protected health information, national security information, information protected by another law or regulation Prohibition on posting lies Prohibition on posting proprietary information unless necessary for Sec. 7 rights Information in a separate settlement agreement or contract 31 Policies NOT violating Sec. 7: Prohibition on threatening customers Prohibition on disclosing confidential information about clients 32 Electronic Devices and Information in the Workplace Who gets to see the information? What happens with the information? Employer risk and management 33 11

12 What May an Employer See? The Electronic Communiation Privacy Act (ECPA) and Stored Communications Act (SCA) prohibit interception of communications but generally do not prohibit review of employer devices, storage and open links. 34 BYOD Risks and Rewards Benefits o lower employer cost o ease of use o higher productivity 35 BYOD Risks and Rewards Costs o control of information and security o IT department workload for links and issues o suffered or permitted to work issues 36 12

13 37 BYOD (or not) Have a Policy Data belongs to employer Employer may take physical custody of device Employee personal data may be accessed by employer May need to wipe device including remotely 38 Device Policy (cont) Employer may require security, encryption, limits on site access, limits on how information is sent or stored Warn re: Computer Fraud and Abuse Act Consent to monitoring Don t drive and text or violate any other law 39 13

14 What is New? Uniform law approved by the National Conference of Commissioners on Uniform State Laws Uniform Employee and Student Online Privacy Protection Act Adopted July What is New? NLRB continues to review policies and cases, making clear that vague policies and savings language will be disfavored Discovery of electronic communication has become the litigation norm

15 15 4/3/2017 THANK YOU Becky S. Knutson 43 Des Moines Des Moines West West Des Moines Des Moines Ames Ames Emmetsburg