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Eric Schwartzman: Sunday, June 9, 2013 | 6:00 PM
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Do you know your legal rights to privacy on social media?
What about your social media privacy rights as an employee?
If you're an employer, do you know what your employee's rights to privacy are, or are unknowlingly infringing on them?
If you're not clear on personal privacy law and social media, you need to listen to this podcast. The 50 minutes you invest could save you your job or more than a million dollars in legal fees and punitive damages.
Personal privacy and wired communications are particularly timely right now.
In the U.S., popular attention is fixed on the George Snowden leaked top-secret NSA PRISM surveillance program with Verizon.
Since the NSA is collecting the data without an intent to prosecute, it’s not a 4th amendment violation, Tony argues. But probable cause and intent to prosecute are not required to violate Federal privacy law. Find out why in this podcast.
How does the device and the ISP you use to access the Internet impact your personal privacy rights, how do those rights vary from state to state, what are the risks of bosses “friending” subordinates and what are the legal limits protecting the privacy of your Facebook social graph? Are there any at all?
The 4th Amendment of the United State Constitution protects citizens against “unreasonable search and seizure” and the 14th Amendment has been interpreted as giving them the “right to be left alone.” But what does that mean for employees and employers? And are there any explicit privacy guarantees that apply?
Learn how to protect your personal privacy rights on social media in this in-depth audio recording of a discussion with James DeSimone ( @vjdesimone), known as "Jim" to his friends, family and colleagues, about your personal privacy rights on social media. Jim graduated from Johns Hopkins University in 1981, earned his law degree from UCLA and was admitted to practice law in California in 1985. Since then, he has specialized in representing those whose civil and constitutional rights have been violated by corporations or government entities.
Social Media and Personal Privacy: Topics Discussed:
- How US employee personal privacy rights apply to social media communications.
- State laws prohibiting employers from demanding social networking passwords from employees
- How social media privacy rights for employees differ from state to stat?
- Legal issues surrounding the use of social media background checks in pre-employment recruiting and hiring
- Privacy rights, equal employment opportunity rights and the Fair Credit and Reporting Act
- Employees have the right to privacy on social media off duty?
- Use of social media policies to manage employees’ expectations
- Challenges associated with segregating personal and professional identities on social media with new services like the Linkedin Contact iPhone App, which automatically adds all the your contacts on your iPhone to your Linkedin contacts page
- Are employers allowed to monitor their employees social media use at work by shoulder-surfing?
- Noel Canning vs. NLRB case on recess appointments and what it could come diffuse recent decisions by the NLRB over the right of employees to bargain collectively and organize to improve working conditions on social media.
- How your Facebook privacy settings impact whether or not your employer or a litigator can access your profile to verify statements or to check your background.
- Who owns an employee’s content or connections after they leave and why employers should state that contributing content is within the scope of employment and also maintain their own database of contacts.
- Is it legal for an employee to withhold login credentials to a company branded account after they’ve been terminated? In Christou v. Beatport, LLC, the United States District Court for the District of Colorado held that log-in information to a MySpace account may constitute a trade secret.
- What are your rights to privacy on mobile devices? On the precipice of the release of Google Glass and other wearable technologies, what rights to privacy do US employees have over the information they access or create with mobile devices.
- Are privacy protections for company-owned mobile devices weaker than employee owned devices, and the impact of accessing the web on personal mobile device via the company’s wireless signal as well as cell phone expense reimbursements.
- How might Google Glass give rise to a new class of personal privacy invasions in the work place?
Jim was named as a Top Labor & Employment Lawyer in the State of California by the Daily Journal in 2009, 2010 and 2011, and was honored as a Top 100 Superlawyer for Southern California in 2013.
Related Episodes:
About the Podcaster:
Eric Schwartzman is Founder and CEO of social media training provider Comply Socially, which helps employers manage the risk and capitalize on the opportunities of social media in the workplace. He is also an independent communications consultant for hire to businesses, global nonprofits, the US Military, US Federal government agencies and foreign governments. His consulting services include digital strategy, social media audits, social media policy development, online public relations, social media marketing, search engine optimization and web development. Schwartzman founded iPRSoftware, his best-selling book " Social Marketing to the Business Customer" is the first book devoted exclusively to social media for business-to-business communications, and he's founding chair of the Digital Impact Conference in NYC.
Disclaimer:
This interview is for general informational purposes only and should NOT be considered legal advice. Please refer any legal questions you may have to an attorney from your jurisdiction.
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Eric Schwartzman: Monday, June 3, 2013 | 6:00 AM
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In this episode, she explains why social media policies are not the best way to manage what employees can and cannot say on social media, Section 7 of the NLRA which protects employee’s discussions regarding wages, hours and working conditions and why employers need to think through how it tried to regulate what employees say on social media.
Legal issues employers face as a result of social media in the workplace discussed in this interview:
- Social Media Discrimination - Discrimination on Social Media with adverse employment impact that could lead to a hostile work environment. Issues concerning managers and employees such as age discrimination, settlements and awarded damages. Workplace discrimination suits cost employers start at $50 to $70 thousand in attorney fees, not including punitive damages, which can easily run in the six figures, and sometimes run into the millions.
- Social Media Defamation - Libel in Social Media is considered shares that are untrue and unflattering. Libel does not have to cause damage, because they are inferred. If it’s negative and untrue, it could be libelous, slanderous and defamatory. Defamation is the overall category of unkind, untrue or unflattering statements. Slander is statements that are made verbally, or are published verbally and libel are statements that are made in writing. Generally, anything that is recorded in one-way of another would be considered libel.
- Social Media Harassment - There are two types of legal harassment that could take place on social media. The first is called quid pro quo, which is sleep with me and I’ll promote you and the second is a hostile work environment, which is harassment that is so pervasive that a reasonable person could not tolerate it and could not continue to perform under those conditions. Harassment could be based on any of the categories that are protected by civil rights and Equal Employment Opportunity Commission (EEOC) law such as age, national origin, religion, race/color, sex, sexual preference or disability.
- Social Media and Personal Privacy - To circumvent personal privacy issues, employees should be trained on what type of information has to kept private by an employer such as medical and financial information or sexual orientation. But there are limitations. If there is a reasonable expectation of privacy, such as personal belongings being kept in a locked desk drawer, where the desk is owned by the employer, in certain states the employer may still have to give the employee notice before they unlocked that drawer.
- Employee Privacy at Work – If the employer owns the hardware, the employers is entitled to see anything that it is used for or anything that’s on that. Privacy rights are very limited at work when an employee uses their employer’s hardware.
- Requesting Employee Social Networking Passwords - Generally, an employer has the right the user names and passwords of an employee’s personal social media accounts if that employee uses company-owned hardware to access that social media account. In 2012, 5 states enacted legislation preventing employers from requesting passwords to personal Internet accounts to get or keep a job. Legislation has been introduced or is pending in 35 US States, according the National Conference of State Legislatures.
- Social Media and Intellectual Property – Titles are not generally copyrighted but the content of the work itself usually is, a copyright is a particular set of words or images. You can’t copyright titles or ideas. But something that somebody else wrote, or an image created by someone else, is generally protected by copyright and cannot be used without permission unless you’ve paid for the right to use it, or are using an excerpt under the Fair Use Doctrine, which allows you to use a small excerpt for the purpose of review or discussion. “Small” is based on the percentage of the excerpt compared to the entire copyrighted work and which could be considered substantially less than the whole thing. Furthermore, the excerpt should include a link back to the entire copyrighted work at a web domain owned by the copyright holder. Attribution is also key. While it labor intensive, copyright owners can submit take down notices, which Google provides visibility over on a quarter-by-quarter basis.
- Social Media Jurisdiction - Federal law applies to all US employers and State law applies to where the employee works. A temporary vacation with the intent to return home as not enough to invoke jurisdiction in another state.
- Mitigating Risk through Social Media Policies - Reliance on social media policy is not enough to guarantee compliance. Policies don’t prevent people from acting out and doing stupid things, because policies are usually part of a large pile of paperwork distributed to new hires as part of the on boarding process and don’t get read. Employees don’t pay attention to policy. Policy alone is not enough.
- Leaking Corporate Strategy with Location Based Social Networking - How services like Foursquare can compromise the confidentiality of a company’s strategy and what type of training employers should provide to employees to minimize misuse.
- FTC Disclosure Requirements - Legal disclosure requirements in place that employers must follow if they have use their employees to say good things about them on social media.
Reference Links:
About the Podcaster:
Eric Schwartzman is Founder and CEO of social media training provider Comply Socially, which helps employers manage the risk and capitalize on the opportunities of social media in the workplace. He is also an independent communications consultant for hire to businesses, global nonprofits, the US Military, US Federal government agencies and foreign governments. His consulting services include digital strategy, social media audits, social media policy development, online public relations, social media marketing, search engine optimization and web development. Schwartzman founded iPRSoftware, his best-selling book " Social Marketing to the Business Customer" is the first book devoted exclusively to social media for business-to-business communications, and he's founding chair of the Digital Impact Conference in NYC.
Disclaimer:
This interview is for general informational purposes only and should NOT be considered legal advice. Please refer any legal questions you may have to an attorney from your jurisdiction.
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Eric Schwartzman: Tuesday, May 28, 2013 | 6:00 AM
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Just how well does the broader HR community get social media? The answer to that question and many more about the state of social media in HR are revealed in this epsiode of the On the Record...Online podcast.
We talk to Tim Sackett ( @TimSackett), EVP at HRU Technical Resources, a $40M IT and Engineering contract staffing firm and Recruiting Processing Outsourcers (RPOs) about a vareity of social media HR issues.
Prior to joining HRU, he was Director of Employment at Sparrow Health System and before that he was Regional HR and Staffing Director at Applebee’s International and has served others in similar capacities. He’s split his career between recruiting and HR working for HR vendors and corporations.
Topics Discussed:
- How is HR changing to accommodate social media in the workplace.
- Challenges of managing social media usage among staffers at Applebee’s
- Overcoming the operational challenges social media at work
- Business case for HR to manage social media usage in the workplace
- Social media compliance in an era of increased government regulation
- Social media governance strategies
- Strategies for educating large employee populations on social media literacy and compliance
- Challenges of social media training for HR
- Corporate social media policy fairness, employee recruitment and retention
- Risks of Equal Employment Opportunity charges due to social media
About the Podcaster:
Eric Schwartzman is Founder and CEO of online social media training provider Comply Socially, which helps employers manage the risk and capitalize on the opportunities of social media in the workplace. He is also an independent communications consultant for hire to businesses, global nonprofits, the US Military, US Federal government agencies and foreign governments. His consulting services include digital strategy, social media audits, social media policy development, online public relations, social media marketing, search engine optimization and web development. Schwartzman founded iPRSoftware, his best-selling book " Social Marketing to the Business Customer" is the first book devoted exclusively to social media for business-to-business communications, and he's founding chair of the Digital Impact Conference in NYC.
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Eric Schwartzman: Monday, May 20, 2013 | 6:00 AM
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Social media recruiting at Sodexo Careers involves much more than just a Linkedin presence and a blog. Under the guidance of Arie Ball, VP of Talent Acquisition, the Sodexo social media recruitment strategy encompasses the Sodexo Jobs mobile app, nearly a dozen managed communities tailored to specific job tasks and branded social media accounts on every major social network. Sodexo is social, local and mobile in their recrutiment marketing efforts.
In this episode our guest is Chloe Rada (pictured left), the voice of Sodexo Careers and senior marketing manager in the talent acquisition department. She’s focused on the use of social media to open up lines of communications between candidates and recruiters and her mission is to help the talent acquisition department communicate what it’s like to work at Sodexo. Her team is 100% virtual and supports the hiring of management positions only. Hourly employees are hired by others.
Sodexo is the world’s 20th largest employer, processing roughly 20,000 job applications each month. They started using social media for recruiting in 2007 to develop deeper relationships with the talent community by communicating with them on their preferred social network.
Social Media Recruiting Topics Discussed:
- The history of social media recruiting at Sodexo
- Content marketing for career advancement
- Sodexo Jobs mobile app (screenshot right)
- Rules of engagement for social media communications
- Social media training needs at large organizations
- Growing importance of generating original, visual content.
- Que Social platform for scaling engagement
- Resume tips for jobseekers
About the Podcaster:
Eric Schwartzman is Founder and CEO of online social media training provider Comply Socially, which helps employers manage the risk and capitalize on the opportunities of social media in the workplace. He is also an independent communications consultant for hire to businesses, global nonprofits, the US Military, US Federal government agencies and foreign governments. His consulting services include digital strategy, social media audits, social media policy development, online public relations, social media marketing, search engine optimization and web development. Schwartzman founded iPRSoftware, his best-selling book " Social Marketing to the Business Customer" is the first book devoted exclusively to social media for business-to-business communications, and he's founding chair of the Digital Impact Conference in NYC.
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Eric Schwartzman: Monday, May 13, 2013 | 6:00 AM
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Social media for recruiting best practices, using social media for recruiting and sourcing and screening candidates with social media are discussed in this episode by guests Steve Levy blogs at The Recruiting Inferno and Tom Bolt who blogs at Make HR Happen.
Topics discussed include:
- Legal risks of identifying and screening candidates with social media.
- Keeping candidate research legal.
- When to review a candidates social media profiles.
- Legislative trends in social media governance.
- Findings of the Sources of Hire 2013 Report by Gerry Crispin and Mark Mehler
- Best practices for Twitter recruiting.
- Job seeker tweet chats Hire Friday Chat and Open Mic Career Chat.
- SEO recruiting, Linkedin recruiting, Facebook recuiting, Blogs recruiting.
- If you use blogs for recruiting, those blogs must be authored companywide.
- Arie Ball at Sodexo turns every employee into a talent scout.
- Linkedin Profile optimization for job seekers.
- Resume writing best practices.
Image:
About the Podcaster:
Eric Schwartzman is Founder and CEO of online social media training provider Comply Socially, which helps employers manage the risk and capitalize on the opportunities of social media in the workplace. He is also an independent communications consultant for hire to businesses, global nonprofits, the US Military, US Federal government agencies and foreign governments. His consulting services include digital strategy, social media audits, social media policy development, online public relations, social media marketing, search engine optimization and web development. Schwartzman founded iPRSoftware, his best-selling book " Social Marketing to the Business Customer" is the first book devoted exclusively to social media for business-to-business communications, and he's founding chair of the Digital Impact Conference in NYC.
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