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This webinar presentation by Russell Herder and Ethos Business Law offers insight into business leaders’ views and perceptions on the pros and cons of empoyees' use of social media and provides actionable recommendations and advice on the development of social media policies and employee training sessions. It also highlight the information gleaned from the recent national study conducted by the two firms on social media trends in the workplace and policy adoption.
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Embracing the Opportunities, Averting the Risks.
Russell Herder
© RUSSELL HERDER & ETHOS BUSINESS LAW
Russell HerderRussell Herder
Social media use is growing…quickly
U.S. Internet Users Who Visit Social Networking Sites
Q2 2008 27%
Visit Social Networking Sites
Q2 2008 27%
Q2 2009 43%
Source: TNS and The Conference Board, June 2009
Perceived Value of Social Media
Enhance relationships with 81%
Perceived Value of Social Media
Enhance relationships with customers/clients
81%
81%
Build company brand
l
64%
69%Recruitment tool
Customer service
46%
0% 20% 40% 60% 80% 100%
Enhance employee morale
Multiple responses allowed
Source: Social Media Policy Survey, Russell Herder and Ethos Business Law, 2009
Social Media Vehicles Being UsedFacebook 80%
Social Media Vehicles Being Used
Blogs 43%
49%
55%
66%Twitter
YouTube
Blogs
Yammer
43%
16%
24%
11%Flickr
Wikipedia
1%
3%
7%
8%MySpace
DiggDelicious
Second Life
9%
1%
0% 20% 40% 60% 80%
M lti l ll d
Second Life
Other
Multiple responses allowed
Source: Social Media Policy Survey, Russell Herder and Ethos Business Law, 2009
Projected Use of Social MediaProjected Use of Social Media(Over Next Year)
Decrease, 2%
Maintain, 25%
Increase, 73%
Source: Social Media Policy Survey, Russell Herder and Ethos Business Law, 2009
Key Reasons Management y gUses Social Media
1. To read what customers may 1. To read what customers may be saying
2. To monitor a competitor
3. To see what employees may be sharing
Source: Social Media Policy Survey, Russell Herder and Ethos Business Law, 2009
81% believe social media poses a corporate security risk
Source: Social Media Policy Survey, Russell Herder and Ethos Business Law, 2009
If You’re Not Using Social Media, g ,Why?
Don’t know enough about it 51%
37%
40%Confidentiality/security issues
C d b t l d ti it
7%
37%Concerned about employee productivity
No need for it
0% 20% 40% 60%
Multiple responses allowed
Source: Social Media Policy Survey, Russell Herder and Ethos Business Law, 2009
4 in 10 block social media access
Source: Social Media Policy Survey, Russell Herder and Ethos Business Law, 2009
Incidents are increasing
17% disciplined an employee for 17% disciplined an employee for violating blog or message board policies
15% have disciplined an employee for violating multimedia sharing/posting policies policies
13% of U.S. companies investigated an 13% of U.S. companies investigated an exposure event involving mobile or Web-based short message services (Twitter)
What were you thinking?
53% of employees say their social networking pages are none of their employers’ business
61% say that they won’t change what they’re doing online
27% don’t consider the ethical consequences of posting consequences of posting comments, photos, or videos online
Source: Deloitte LLP, Ethics & Workplace Survey, 2009
Legal Issues That Can Arise from Social Media Use
Defamation
A false statement that injures someone's reputation and exposes him to public contempt, hatred, ridicule or condemnationridicule or condemnation
Anonymous Blogging –Paris Regional Medical Center, TX
The FedEx fiasco
Employment claims
HHarassment
Discrimination
Hostile work environmentHostile work environment
And more…
Confidentiality and corporate security
Client or patient informationClient or patient information
Other employees’ privacy
Intellectual property
And more…
Business disputes
F dFraud
Criminal liability
Companies Having a Written Social Media Policy
Employee Training Conducted on Social Media
Yes, 10%
Written Social Media Policy on Social Media
Yes, 31%
No, 69%
10%
69%
No, 90%
Source: Social Media Policy Survey, Russell Herder and Ethos Business Law, 2009
Key Elements in a Social Media Policy
Establish a position
Define the company’s philosophy on social media on social media
Mirror the culture
Mayo Clinic
“The main thing Mayo employees need to remember about blogs and social
ki i i h h b i networking sites is that the same basic policies apply in these spaces as in other
areas of their lives ”areas of their lives.
RightNow
“All of us at RightNow are working to rid the All of us at RightNow are working to rid the world of bad experiences. Contributing to
online communities by blogging, wiki posting, participating in forums, etc., is a good way to extend our mission. We believe participation i li di th h th i l b in online discourse through the social web can empower us as global professionals,
innovators and citizens ”innovators and citizens.
U.S. Coast Guard
“Becoming a more agile and change-centric Becoming a more agile and change centric organization requires that we understand and interact through social media... The
governmental and public affairs directorate will coordinate our organizational
engagement in the social media environment engagement in the social media environment with interim policy, guidance, tools and
processes ”processes.
Require transparency
Ask employees to be…• OpenOpen• Honest• Respectful
T ll h diff i h i l id i f h i b iTell them to differentiate their personal identity from their businessidentity
Safeguard confidential and propriety information
Especially since social media can be less formal, there is increased risk for inadvertent disclosure
Reinforce your confidentiality policies and explain how to apply them to the social media environment
Avoid conflicts of interest
f h d f lDefine how to identify potential conflicts of interest, what types are prohibited and who to talk to when in doubtto when in doubt
When in doubt, spell it out
Employees should make it clear that their views about work-related matters do not represent the views of their employer or any other personother person
Encourage a disclaimer when confusion could exist, such as:
“The views expressed on this blog are mine alone and do not represent the views of my
employer or any other person ” employer or any other person.
Make sure to address the basics
Non-discrimination
Harassment
Monitoring rights
Di i li id liDisciplinary guidelines
One-size-fits-all?
Organizations – and social media policies – differ depending upon…
• Levels of desired social media participation
• Culture and degree of “acceptable” behavior
• Methods of conflict resolution • Methods of conflict resolution
• Opinions on the overall value of social media
Be sure to…
Look inside firstLook inside first
Engage appropriate resources
Remember, social media is about…
New technology
New generation
New normsNew norms
Should you monitor employee social media use?
Depends on company culture
Always reserve the right
Monitor if facts and circumstances warrant
How do you get top management on board?
Stick: Lawsuit examples and potential litigation
Carrot: Brand awareness, marketing and customer awareness
Strategies for management engagement
Competitive review
Executive briefings
Adoption of policies to guide employee behavioremployee behavior
Organization-wide employee training
Are you liable “off the clock”?
No such thing anymore as “work hours”
Can be liable at any time, in any place
When something does happen…
First, look to policies and procedures
Second, consult appropriate professionals (e.g., HR, legal, account management)
Use as a learning opportunity
How do you control “social not-working”?
Management!
Turn use into productive use
With growing number of Millennials in the workplace, p ,remember that social media is often a replacement for e-mail
How do you shape behavior?
Consider generational gap
Be open to opportunity
Training, training, training
An effective training plan should…
Be grounded in the company’s values and ethics
Reach every employee in the company
Be an interactive educational opportunity
Be ongoing
Does the value of social media outweigh the risks?
O t it t t ith Opportunity to connect with customers/patients/clients
Platform for customer service
Opportunity to engage employees
Excellent vehicle for crisis communicationscommunications
QUESTIONS?QUESTIONS?
www russellherder com/SocialMediaResearchwww.russellherder.com/SocialMediaResearch
R ll H d612.455.2360 612.767.3311
Russell Herder
