Social Media goes beyond Facebook and Linked In. In this session we will look at how the social media tool kit (e.g. Twitter, Ning groups, YouTube, Wikis, StumbleUpon) are not only changing the way that companies attract and retain employees but also compressing the intersection between marketing and human resources. Rapidly changing technology requires HR professionals to understand how policies can protect the organization’s reputation and limit liability.

1. Riding the
Social Media
Roller Coaster
Deborah Mourey, Mourey Associates
Michelle Pedzich, HR Works
Prepared for:

2. AGENDA
• A Brave New World
• A Diverse Toolkit
• Best Practices
• The Law and Social Media Collide
• Protecting Your Company
HR Works, Inc. and Mourey Associates are not engaged in rendering legal services. If legal advice is
required, the services of a competent labor attorney should be sought.

4. SOCIAL MEDIA IS…
Many people talking to
many, and being able
to do so
when they want
where they want
how they want…
Deloitte Touche, LLP

6. LISTENING TO A LEADER
http://www.youtube
.com/watch?v=JE3
_va3K6Jc

8. CROSS DEPARTMENTAL COOP
• HR – Hiring, Employee Relations
• Marketing
• IT
• Customer Service
• Product Development

9. MOBILE SOCIAL USE BY AGE

10. SOCIAL NOTWORKING (MOBILE!)

11. SOCIAL MEDIA POLICY
“I’ve never been on
Twitter or Facebook,
but I have to write a
social media policy
for my company.”

12. Linked In = Office
Facebook =
Backyard Barbeque
Twitter = Cocktail Party

13. FACEBOOK REACHES 500 M USERS

14. TWITTER: REAL TIME. REAL INFO.
http://twitter.com/dmourey

15. YAMMER- INTERNAL TWITTER
“Nationwide’s Yammer site grew to over
8500 associates and agents in under 10
months and more importantly, it got
more than 40% of the company’s top
leadership into the Nationwide Social
Network.”
Chief Tech Officer, Nationwide Insurance
https://www.yammer.com/
about/case_studies#natio
nwide-story

16. A DIVERSE TOOLKIT
• Listening Tools – Google Alert
• Glass Door/Jobvent - Ratings
• Wikis
• Ning Groups
• YouTube/Podcasts
• Foursquare / Gowalla - Location

17. http://www.jobvent.com/macys-job-
reviews-C292

18. http://www.glassdoor.com/index.htm

19. WIKI EXAMPLE
WIKIS

20. NING GROUP
NING GROUPS

21. BEST PRACTICE- SODEXO
21

22. BEST PRACTICE - BERTELSMANN

23. BEST PRACTICE
BAYER BUSINESS
CONSULTING
2,000 FANS

24. TAKE ACTION

25. COMPLIANCE ISSUES TO CONSIDER

26. HR AND SOCIAL MEDIA
The Upside: The Downside:
• Recruitment • Compliance in
• Knowledge Management Recruiting
• Research and Compliance
• Employee Productivity
Information
• Networking • Employee misuse
• Community Service - Disclosure
• Training confidential
• Transparency information
- Public Relations/
Reputation issues

27. THE LAW & SOCIAL MEDIA COLLIDE
• Harassment/Discrimination
• Public vs. Restricted Sites
• Background Checks/FCRA
• Unfair Labor Practices
• Lawful Off-Duty Conduct

28. HARASSMENT & DISCRIMINATION
Instantaneous communication =
Little or no Filter
“It’s funny that if a guy talks to a girl at
work they can file sexual harassment
but if girl talks to a guy its $3.95 per
min. Not fair”
“Let’s see what happen at work
today…co-worker broke down crying
twice, man who keeps stealing came
back accusing manager of harassment”

29. HARASSMENT & DISCRIMINATION
Protected Class
• Applicant’s drug use • Disability
• Poor work ethic • National Origin
• Poor written communication • Religion
skills • Military or Veteran Status
• Tendency to support racist • Sexual Orientation
groups • Predisposing Genetic
• Sex/Gender Characteristics/Genetic
• Age Information
• Race

30. THE PERFECT CANDIDATE?

31. LAWFUL OFF-DUTY CONDUCT
Section 201-d of the NY Labor Code prohibits
discrimination against engagement in certain
lawful activities…
…certain political or recreational activities,
consuming alcohol or smoking tobacco, etc.

32. PUBLICLY ACCESSIBLE SITES VERSUS
RESTRICTED SITES
Moreno v. Hanford Sentinel, Inc. (CA, 2009)
- Posted “An Ode to Coalinga” on her MySpace Profile
- Contained extremely negative comments about the
town
- Local newspaper published it
- Family received death threats and moved out of town
- Sued based on “unreasonable disclosure of private
facts”
- Outcome: Case dismissed, her “potential audience
was vast”

33. EMPLOYEE PRIVACY ISSUES
• Stored Communications Act
Prohibits unauthorized access to
electronic communications stored
on a third party site. Consent is not
a defense if the manager’s demand
is considered coercive.
• Pietrylvo vs. Hillstone’s
Restaurant Group dba Houston’s
(NJ 2009)

34. UNFAIR LABOR PRACTICES
• National Labor Relations Act &
Railway Labor Act
• Discussing terms of conditions
of employment protected under
the NLRA (an existing union is
not required)
• Konop versus Hawaiian
Airlines, 2002

35. BACKGROUND CHECKS & THE FCRA
Fair Credit Reporting Act (FCRA)
- Disclosure requirements
- Search results furnished by
third parties might be
“consumer reports” and
search sites might be
“consumer reporting
agency” under FCRA

36. To Google or Not to Google?
• Screen Consistently
• Neutral Party Conducts
Search
• Use Social Media After Initial
In-person
• Consult Legal Counsel

37. To Friend or Not to Friend?
• Managers Not “Friend”
Subordinates
• Employee May Reject
Friend Request Without
Repercussion
• Don’t Friend Applicants

38. LINKED IN RECOMMENDATIONS
• Prohibit all?
• Prohibit LinkedIn recommendations by
anyone who has formally evaluated
• Permit LinkedIn recommendations only
of former employees who voluntarily
left the organization
Source: Littler Group, Privacy and Data
Protection Practice Group Blog, Posted 9/8/09

39. SOCIAL MEDIA POLICIES
• Set Clear Expectations
• Impact Other Policies (Technology,
Harassment, Ethics, Confidentiality)
• Enforce Policies
• Consistency is Key!

40. Provide Training
• Include in Orientation
• Supervisor Awareness is Key
• Explain Social Media Impact
• Communicate Reporting Structure
Issues & Concerns

41. Questions?
Deborah Mourey, Principal
Mourey Associates
dmourey2@rochester.rr.com
Michelle Pedzich, SPHR, Director of
Compliance, HR Works, Inc.
pedzich@hrworks-inc.com
www.hrworks-inc.com