Using social networks and social media in the workplace © 2011 Proskauer. All Rights Reserved. 1...

Using social networks and social media in the workplace

© 2011 Proskauer. All Rights Reserved.1

September 20, 2011

Stacy H. [email protected]

617.526.9648

Today’s agenda

Update and current developments on national health care reform

Using social networks and social media in the workplace

Note: Materials are up-to-date as of September 20, 2011

© 2011 Proskauer. All Rights Reserved.

Legislative Update

Is it going away? HR 2: “An Act to repeal the job-killing health care law”

HR 9: “Instructing certain committees to report legislation replacing the job-killing health care law”

Enacted Legislation Repeal of Vouchers

1099 Correction

Other Areas Being Considered Elimination of OTC Prescription Drug Requirement

Elimination of CLASS Act

Medical Loss Ratio Changes


Legislative Update

Budget Control Act of 2011

Passed August 2, 2011

Increased the federal debt limit

Created Joint Select Congressional Committee charged with developing a plan to cut deficit by $1.5 trillion

Failure to do so will result in automatic budget sequestration in 2013

Sequestration is an across-the-board cut in federal spending

Likely cut spending for the Exchanges and subsidies


Judicial Update

Is it legal? Many constitutional challenges

Suits filed in most states; six federal court decisions:

Thomas More Law Center v. Barack Obama, et al. (MI)

Liberty University v. Timothy Geithner (VA)

Mead v. Holder (DC)

Commonwealth of Virginia v. Sebelius (VA)

Goudy-Bachman v. Sebelius (PA)

Florida v. Dept. of Health and Human Services (FL)

22 Attorneys General, 4 Governors


Judicial Update

On June 29th, the 6th Circuit Court in Thomas More Law Center v. Obama ruled that the individual mandate is a valid exercise of congressional authority under the Commerce Clause

The Court found that:

The individual mandate is within Congress’ power to regulate economic activity that has a substantial effect on interstate commerce, even if such activity is wholly intrastate

The Commerce Clause permits Congress to regulate non-economic intrastate activity (e.g., individuals who, through “inaction,” fail to comply with the individual mandate) if doing so is essential to a larger scheme that regulates economic activity (e.g., health care reform)


Judicial Update

On August 12th, the 11th Circuit Court in Florida v. Dept. of Health and Human Services ruled that the individual mandate exceeds Congress’ power under the Commerce Clause

The Court found that:

PPACA’s Medicaid expansion provisions are not unconstitutionally coercive

The individual mandate exceeds Congress’ authority to regulate interstate commerce

The individual mandate is not a valid exercise of the tax power

The individual mandate can be severed from the rest of PPACA, so only the individual mandate itself (and nothing else) is invalidated


Social Networks in the Workplace

• Social network use is proliferating – in terms of quantity, it is becoming as prevalent as e-mail

• Companies are increasingly using social networks as a business tool, often as a distinct part of marketing and P.R. strategies

• Social network use is often at the boundary of the divide between the workplace and the personal

Which raises questions as to how rules regarding workplace confidentiality, loyalty, privacy and monitoring apply to social networking and if so, how they are balanced against freedom of expression

• “Tweets” and other postings have the informality of a verbal remark, but as with any writing or recording, they are essentially permanent and can be forwarded verbatim by any recipient, often to multiple parties


Social Networks in the Workplace

• Proskauer performed an informal survey on emerging trends and practices on the use of social media in the workplace.

Over 120 responses were received from a broad range of businesses, many of whom have international presence

More than three-quarters of responders use social networking for business

• The majority of these have only started doing so in the last two years

• Just over a quarter of responders actively block employees’ access to social networking sites, and a similar percentage monitor employee use of social networking sites

• More than 40 percent of the businesses in the survey have had to deal with employees misusing social networks, and nearly a third have had to take disciplinary action against employees in relation to misuse of social networks

• Despite the widespread use and misuse of social networking at work, nearly half of responders still do not have social networking policies


Employer’s monitoring of social network use

• Are employers permitted to monitor social network use by employees at work on the employer’s equipment?

• Generally, yes. However there are constraints on the extent to which monitoring is permissible as well as requirements that need to be satisfied to ensure the monitoring is lawful

For example, employers generally will not have a right to monitor social network use on an employee’s own devices (such as a smart-phone)


What limits and considerations apply?

• An employer must balance its legitimate interest in protecting its business against an employee’s right to privacy (and data privacy rights)

• Best practices for monitoring employee use of social networking sites include:

Having clear, well-defined and well-communicated policies concerning the appropriate use of social networking sites and the sanctions for non-compliance

Ensure monitoring goes no further than is necessary to protect the employer’s business interests

Implement safeguards and practices to ensure:

any monitoring is only done by those representatives of an employer who are authorized and who have a legitimate interest in carrying out any monitoring;

any data collected as a result of any monitoring is stored safely, not tampered with and not disseminated more widely that is necessary; and

personal data is not stored for any longer than is necessary

Train management and employees in the correct use of information technology

Be able to evidence any misuse of social networking sites by employees


What limits and considerations apply?

• Best practices for monitoring employee use of social networking sites include:

Implement safeguards and practices to ensure:

any monitoring is only done by those representatives of an employer who are authorized and who have a legitimate interest in carrying out any monitoring;

any data collected as a result of any monitoring is stored safely, not tampered with and not disseminated more widely that is necessary; and

personal data is not stored for any longer than is necessary


Employer’s prohibition of social network use

• May an employer prohibit use of social network sites during work on the employer’s equipment or an employee’s own devices?

• Generally, yes. However, the prohibition against use of social network sites on an employee’s own devices would not give the employer the right to monitor such devices (which would infringe the employee’s right to privacy in many jurisdictions); rather, the prohibition would be an incident of the employer’s general right to require employees to devote their working hours to their work

• In addition, an employer is permitted to block access to social network sites on employer-provided equipment


Social network use and employee discipline

• May an employer refer to social networking when taking disciplinary action against an employee or making decisions about recruitment and selection?

• Generally, yes. It is permissible to refer to social networking sites, both when taking disciplinary action against an employee and when making decisions about recruitment and selection

However, consider carefully any information obtained from a social networking site

The information posted may be inaccurate, out-of-date, not intended to be taken at face value, or even posted by someone other than the employee

Relying on information contained in social networking sites creates a risk of discrimination


Limiting social network use

• May an employer limit use of social network sites of their employees outside of work?

• Generally, no. An employer has no right to prohibit the use of social networks per se.

However, employees are not entitled to use social networks to do things that would otherwise be impermissible, such as misusing confidential information, infringing intellectual property rights, harassing another employee, or otherwise breaching the duties they owe to their employer

Social network policy should be clear that employees can be disciplined for work-related misconduct that they engage in on a social networking site, even on their own time


Social network survey Q&A

1. Does your business use social networking (e.g., LinkedIn, Facebook) for business purposes? 76% Yes, 24% No

2. Are all, some, or no employees permitted to access social networking sites at work for non-business use? 48% All, 27% Some, 25% None

3. Do you actively block access to social networking sites at work? 30% Yes, 70% No

4. Do you monitor the use of social networking sites at work? 27% Yes, 73% No

5. Do you have any policies in place in relation to social networking? 55% Yes, 45% No


Social network survey Q&A

6. Is misuse of social networks an issue your business has ever had to deal with? 43% Yes, 57% No

7. Has your business ever had to take disciplinary action against an employee in relation to misuse of social networks? 31% Yes, 69% No


Questions?September 20, 2011

Stacy H. [email protected]

617.526.9648


Social Strategy Building:Using Social Networking and Social Media in Workplace Wellness

PRESENTED BY: MIKE MURRAY, WEB STRATEGY THOUGHT LEADER, WORLD SYNERGY

2 Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness

World Synergy is a leading Strategic eBusiness Services company located in Cleveland, Ohio. For over 25 years, from thought to thrive, our eStrategy model has created integrated online marketing and technology strategies to increase clients' sales and improve their ROI.

Social Strategy Building – World Synergy Corporate Overview

eStrategy Model


Social Strategy Building – World Synergy Corporate Overview

Our 500+ Clients Include:

3MAC DelcoAnswerthink ConsultingASM InternationalBenefit Advisors NetworkChevroletClear Channel CommunicationsCM SmithDe NoraDisneyElevation GroupFitness Quest

French OilGroup ServicesInnoplast King NutLockheed MartinMergershop Napa Auto PartsPetroliance Ronald McDonald HouseSpectrum Surgical InstrumentsSummit RacingWallace Insurance Group

Certifications/Authorized Resellers:Cisco Citrix Dell Google IBackup

Microsoft Miva Merchant Sonic Wall Sun Microsystems


For companies, social media isn’t just public relations.

It’s about employee relations.

It should augment other wellness promotions.It’s not a substitute.

Social Strategy Building: The Facts


Facebook Users: 750 million (may soon reach 1 billion)

Twitter Users: 200 million

YouTube Users 490 million



• 80% of adult internet users have looked online for information a specific disease or treatment.1

• 42% of high-performing companies plan to include social networking into health initiatives by 2012. 2

• To support wellness programs, employers over the next three years expect to significantly increase their use of technology tools like smart phones. 3

1. Source: Pew Internet & American Life Project, “The Social Life of Health Information, 2011.”

2. Source: Towers Watson “2010 Healthcare Survey”

3. Source: “2010 WORKING WELL: A Global Survey of Health Promotion and Workplace Wellness Strategies,” Buck Consultants (a Xerox company).



Human Resource Executive magazine recently reported on social media and wellness.

Adam Wootton, senior consultant at Towers Watson in New York, said companies increasingly are tapping into social media for health and wellness strategies.

"We've seen a real shift, from companies saying they're looking at it, to saying they're piloting it, to now saying they're actually launching initiatives," he said.

Social Strategy Building: Trends


Employee Benefit News recently reported on the role in social media and wellness at Jarden, parent company of Sunbeam, Mr. Coffee, Oster and more.

Rich DiPietro, Jarden’s manager, health and welfare benefits, spoke at a session during EBN's annual Benefits Forum & Expo.

He told the attendees that the wellness program benefited by the support it got from Martin Franklin, Jarden's CEO, who ran in 10 consecutive 5K races in some cities where Jarden has a presence.

HR staff used handheld flip cams in the 10 locations. Jarden released a video for the whole company.

Even without large budgets, DiPietro said other businesses shouldn’t miss out on using social media to encourage employees to engage in wellness. "Don't let that stop you. You can start small and work your way into things, little by little.”



The South Carolina Hospital Association recently connected with Medical University of SouthCarolina on its use of Facebook:

- Educates employees on health and wellness topics- Posts pictures of employees being healthy at work- Shares fun, wellness events

Susan Johnson, MUSC Employee Wellness Program Coordinator, told the association that Facebook news includes:

• Fitness Fairs• START! Walking Day• Bike to Work Day• Zumba Fest!• Breakfast Brain Boost• START! Eating Healthy Day, • Live cooking events• Weight management challenges • AHA Heart Walk• Food Swap food drive



Start Slow and Plan

- Make sure you understand your employees’ interests.

- Be sensitive to different demographics.

- Honor your corporate policies and procedures. - Social media shouldn’t break all the rules.

- Don’t just create a Twitter account or Facebook page and walk away.

Social Strategy Building: What to Do


Test and Measure

- Plan several wellness activities in view of social media.

- Don’t assume wellness and social media aren’t a good fit because one tactic fails to draw a big crowd.

- Think long term, not a one-time effort to solve employee engagement issues.

- Social media should support, not save traditional wellness communications like email, fliers, bulletin boards, posters, etc.



Resistance to Using Social Media to Promote Wellness

1. It’s still new.

2. Since it’s not the norm, businesses aren’t jumping right on to fully embrace how to leverage social media to reinforce wellness initiatives.

3. Privacy is a big factor. Individuals are active in social media and consume the Internet for health care information, but they may not want their personal stories told in some cases.



Making a Case for Social Media and Wellness

1. People understand social media. Experiencing it through work – with a focus on wellness – is easy to grasp.

2. It’s voluntary – no commitment to engage in the social environment.

3. It can be private – use social media activities with privacy settings or even plug-ins through an Intranet.

4. It’s motivational. People may want to participate more in wellness programs and events if they can track who else is signing up. It may help promote word-of-mouth as well.

5. Social media fosters community and fun, a place for motivation and encouragement (through posts, pictures, video, etc.).

6. Outlet for peer support (more successful when friends, family have similar interests).



Making a Case for Social Media and Wellness

- Shape expectations – tell employees how they can engage socially

- Set the boundaries and rules (adhere to a policy)

- Use social media to promote events

- Celebrate and honor employee successes

- Post resources – books, articles, podcasts, videos, pictures, PDFs

- Offer prizes as incentives



Other Uses for Social Media & Wellness

- Monitor employee sentiment (note questions, confusion, insights)

- Get timely feedback

- Share your culture with the public

- Support recruitment efforts (attract, retain employees)



Yammer – for Corporate Use

Social Strategy Building: Private Networks

www.yammer.com


• Supplement existing efforts.

• Make sure social media efforts have clear objectives.

• Ensure that efforts coincide with other corporate policies.

• Shape what you do with social media in light of your culture.

• Be creative and sensitive – no need to invade privacy.

Social Strategy Building: Key Takeaways


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linkedin.com/company/world-synergy-enterprises

Mike Murray – Web Marketing Thought [email protected]

Thank You

Using social networks and social media in the workplace © 2011 Proskauer. All Rights Reserved. 1...

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Transcript of Using social networks and social media in the workplace © 2011 Proskauer. All Rights Reserved. 1...