collision of my space, your space and our space 3 11 11

1. Presented by: D. Albert Brannen Phone: (404) 240-4235 Email: [email protected] SOCIAL MEDIA IN THE WORKPLACE THE COLLISION OF MYSPACE, YOUR SPACEAND OUR SPACE

2. Explosion of Social Networking

MySpace:

More than 125 million users

50 million posts per day

Facebook:

Largest social networking site

Projected 2010 revenues to be $710 Millionup 40% over 2008

LinkedIn:

Professional site

Projected 2010 revenues to be $110 M

Average user is 41, with annual income of $110,000

Twitter:

Projected to grow to 25 million users in 2010

Other sites:

Windows Live Spaces120 million

Habbo 117 million

Friendster90 million

Flixster63 million

Classmates50 million

MyLife50 million

Bebo40 million

Tagged10 million

http://en.wikipedia.org/wiki/List_of_social_networking_websites

42% of companies say layoffs have increased data leakage

34% of companies were harmed by sensitive info release

31% of companies terminated someone for e-mail violations

24% of companies say e-mail subpoenaed

8% terminated someone for use of social networking sites

Proofpoints 2009 Study on Outbound e-mail and Data Loss Prevention

According to Career Builder.com survey, nearly half (45%) of US employers report using social networking sites to dig up information about job candidates

60% of employees believe their online activities are none of their employers business

50% of employers believe they have a right to monitor social networking sites

75% of employees say their employer doesnt have a social networking policy

But, 50% of employers report they have a social networking policy

Sexting

Textual harassment

Datamation

Driving while intexticated

Name squatting

Copyright 2011 All rights Reserved 13. Copyright 2011All rights Reserved A Few Horror Stories: How Employees Caused Themselves Problems At Work 14. A Family Emergency http://www.switched.com/2007/11/13/lying-male-intern-busted-in-a-dress-on-facebook Copyright 2011 All rights Reserved Kevin called in and reported that he would miss work due to a family emergency.A few days later, he posts his picture from a Halloween party. 15. Drunken Pirate Teacher http://seattletimes.nwsource.com/html/nationworld/2003685221_webmyspacesuit28.html Copyright 2011 All rights Reserved 16. Runnin Down the Boss Philadelphia Eagles staffer Dan was fired after remarking on his Facebook page about the firing of star safety Brian Dawkins: Dan is [expletive] devastated about Dawkins signing with Denver. . . Dam Eagles R Retarded!! http://pacdudegames.com/blog/dan-leone-the-philadelphia-eagles-and-the-art-of-tact/ Copyright 2011 All rights Reserved 17. Pittsburgh Pirate Mascot Outta Here!

Andrew, one of 18 men who take turns posing as pierogies in a race after the fifth inning of every home game, was dismissed by the team because he posted disparaging remarks about the Pirates on his Facebook page .

Copyright 2011 All rights Reserved 18. How to Lose A New Job http://bhc3.wordpress.com/2009/03/17/how-to-tweet-your-way-out-of-a-job / Copyright 2011 All rights Reserved 19. Copyright 2011 All rights Reserved A Few Horror Stories: How Employees Caused ThemselvesOther Problems 20.

Joshua was sentenced to 2 years in prison for seriously injuring a young woman in a drunk driving incident.The proof? Pictures showing Lipton at a party dressed in a jailbird costume 3 weeks after the crash.Someone posted them on Facebook, and that offered evidence for the prosecutor handling hisdrunk-driving case.

Lara caused the death of her best friend in a drunk driving accident.The judge saw photos of her drinking.She got 2 years in jail.

Two employees in Conover, NC filmed themselves doing disgusting things to food that they claimed was going out to customers and posted it on YouTube. The 2 employees were identified, fired and arrested.

An employee took a bath in the burger chain's sink.Someone filmed it and posted the video to MySpace. Local Health Department authorities were not amused.

It can directly violate state and federal laws

It can be evidence of other violations

State and federal computer crimes laws

Common law invasion of privacy (or other torts)

Fair Credit Reporting Act

Stored Communications Act

Wiretap Act

Title VII and other discrimination laws

The Fulton County Schools Policy says:

Copyright 2011 All rights Reserved Failure to follow these guidelines can violate the Official Code of Georgia, OCGA, Codes 16-9-90, 16-9-91, 16-9-92, and 16-9-93, as well as United States Public Law 106-554, known as the Children's Internet Protection Act. Such actions can also lead to disciplinary actions, up to and including termination of employment or contract with FCS and criminal prosecution. 28. State Privacy-Related Tort Claims

Key to tort expectation is proof of expectation of privacy

Establishment of a policy regarding use of company-owned devices is critical

State laws may require notice of monitoring

Tort action for violation of privacy rights

Intrusion into privacy of another

Appropriation of ones name orlikeness

Wrongful publication of private facts

False light publicity

Employees set up password-protected blog to complain about management.It contained confidential information.

Employer asked employee with access to give up her password.

Management took action against employees based on the blog content and employees sued.

Jury found for employees

Pietrylo, et al. v. Hillstone Restaurant Group d/b/a Houstons

Federal statute that prohibits intentional, unauthorized access to private electronic communications such as Facebook or Hotmail

Creates privacy expectation in private electronic communications

Pure Power Bootcamp

Employer logged into Hotmail account employee had used during work hours and on work computer

Employee left username and password filed on computer

Court found violation of SCA

Exceptions

Prior consent

Business extension

Provider interception

Penalties

Felony punishable by fine and/or imprisonment

Civil cause of action

Manager wrote:

Whats wrong with women these days?

Chicks seem to have more issues these days than Jet Magazine and keep up more drama than daytime TV and JerrySpringer combined.

Plaintiff used comments to show discriminatory animus

Derrick v. Met. Govt. of Nashville & Davidson

Copyright 2011All rights Reserved 35. Possible Title VII Violations Race Marital Status Religion Political Views Copyright 2011 All rights Reserved 36. Other Forms of Discrimination Age Familial Responsibility Sexual Orientation Copyright 2011 All rights Reserved 37. GINA

Prohibits

Discrimination

Acquisition

Final regulations specifically prohibit systematic internet searches that might acquire genetic info

Disclosure

Derrick v. Met. Govt. of Nashville & Davidson

Discipline may be inappropriate if employees are engaging in protected activity, such as

Sharing information about their pay

Complaining about employer policies or managers

Displaying union-related insignias/logos

Expressing support for a union

Attempting to organize a union

An unfair labor practice was filed against a bus company alleging the company maintained and enforced an overbroad communication policy.

The policy included:

Confidentiality provision

Disparagement provision

Prohibition on disruption of workplace

Prohibition on making demeaning/derogatory statements about company, employees, or customers

NRLB Advice Memorandum of December 4, 2009:Sears Holdings

Carefully drafted social media policy does not violate employees rights(under the National Labor Relations Act)

FacebookCase

An employee was fired for:

Calling her boss a scumbag and

Writing love how the Company allows a 17 year old to be a supervisor

NLRB issued a complaint on October 27,2010

American Medical Response of Connecticut

FacebookCase

Settled February 7, 2011

Employer agreed to:

Revise its Internet policy to allow employees to discuss wages, hours and working conditions

Not discipline employees for engaging in such discussions

Pay victim

American Medical Response of Connecticut(October 27, 2010)

Requires employer to revise:

Blogging & Internet Posting Policy

Standards of Conduct rules

Solicitation and Distribution Policy

May be expanded by the current Labor Board

Examples

Using the employers e-mail system

Asking for a witness in investigatory interviews

Expressing disloyalty

Attempts to get customer support of employee causes

Freedom of speech, limited to matters of public concern

Right to be free from unlawful search and seizure

Due process rights

Property rights in their jobs

Georgia Fair Dismissal Act

Special Rules Apply To Public Employers Copyright 2011 All rights Reserved 46. Ashley Payne From Barrow County http://www.youtube.com/watch?v=4DDPeHxVaos Copyright 2011 All rights Reserved 47. Unions Are Using Social Media Copyright 2011 All rights Reserved 48. Unions Are Using Social Media Copyright 2011 All rights Reserved 49. Unions Are Using Social Media Copyright 2011 All rights Reserved 50. Practical Guidelines

Many different laws apply

Be real: expect employees to use these sites

Beware what you learn: ignorance can be helpful

Limit searches to professional sites

Be consistent

Publish your policies

Train your legal representatives

Educate employees

Monitor the web about your company

Follow new developments

Remind employees:

online sites are in the public domain

off-duty actions can result in discharge

be respectful

use privacy controls

productivity counts

Require compliance with existing policies

Prohibit defamation and fraud

Prohibit references to customers

Ban use of protected logos or trademarks

Require employees to use disclaimers

EEO & No Harassment

Medical Information

Electronic Communications

Confidential Information & Trade Secrets

Cell Phones

Use of Blackberries or PDAs

Dont become friends with employees

Dont reveal anything you wouldnt say or post in public

Dont engage in fraud (fake friend requests or passwords)

Use privacy controls to manage flow of information

Web content can be false

Read what you sign in those disclaimers

AMR Facebook case

Ontario, Cal. V. Quon, June 17, 2010

U.S. Supreme Court gives public employers the right to search an employees text messages for reasonable cause.

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