william e. gaar and buckley lechevallier p.c. attorneys at law present

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William E. Gaar William E. Gaar And And Buckley LeChevallier P.C. Buckley LeChevallier P.C. Attorneys At Law Attorneys At Law Present Present

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William E. GaarWilliam E. Gaar

AndAnd

Buckley LeChevallier P.C.Buckley LeChevallier P.C.Attorneys At LawAttorneys At Law

PresentPresent

Social Media In Social Media In Today’s WorkforceToday’s Workforce

Privacy, Ethics & Technology Collide

FaceBook FiascoFaceBook Fiasco

‘‘Canada woman to fight insurance co.Canada woman to fight insurance co. over Facebook over Facebook’’

-Comcast.net News-Comcast.net News

http://www.comcast.net/articles/news-general/2009http://www.comcast.net/articles/news-general/20091122/CN.Canada.Facebook.Insurance/1122/CN.Canada.Facebook.Insurance/

What is Social Media - WikipediaWhat is Social Media - Wikipedia

Social Media is media designed to be disseminated through social interaction, created using highly accessible and scalable publishing techniques to transform broadcast media monologues (one to many) into social media dialogues (many to many). It supports the democratization of knowledge and information, transforming people from content consumers into content producers. Andreas Kaplan and Michael Haenlein define social media as “a group of Internet-based applications that build on the ideological and technological foundations of Web 2.0, and that allow the creation and exchange of user-generated content. Businesses also refer to social media as user-generated content (UGC) or consumer generated media (CGM). Social media utilization is believed to be a driving factor in the idea that the current period in time will be defined as the Attention Age.

Social Media’s Three Social Media’s Three ComponentsComponents

1) Concept (art, information, or meme);

2) Media (physical, electronic, or verbal)

3) Social interface (intimate, direct, community engagement, social viral, electronic broadcast or syndication, or other physical media such as print).

Common Forms of Social MediaCommon Forms of Social Media

Concepts, slogans and statements with a high memory retention quotient, that excite others to repeat;

Grass-roots direct action information dissemination such as public speaking, installations, performance and demonstrations;

Electronic media with ‘sharing’, syndication, or search algorithm technologies (includes internet and mobile devices);

Print media, designed to be re-distributed.

Why does Social Media Have Why does Social Media Have Relevance to Me in the Relevance to Me in the

Workforce?Workforce?Business Owner Perspective –

Employee ProductivityBusiness SecretsLiability for Discrimination

Employee Perspective –Employee Productivity Employee EngagementEmployee Information About WorkPrivacyCultureSafety

Employment Laws That Interface Employment Laws That Interface with Social Mediawith Social Media

Federal/State Anti Discrimination Laws• Race, Religion, Gender, National Origin,

Sexual Orientation, Disability, Bankruptcy, Age, Health

• Faire Credit Reporting Act• State Common Law

Negligent Hiring At-Will Employment Right to Privacy

• Stored Communications Act

Social Media in the Hiring Social Media in the Hiring Process – Can and Should It Be Process – Can and Should It Be

UsedUsed

Privacy vs. Right/Obligation to Privacy vs. Right/Obligation to KnowKnow

Businesses Use Social Media in Businesses Use Social Media in the Hiring Processthe Hiring Process

Right/Obligation to Know beats Privacy

Businesses Use Social Media in Businesses Use Social Media in the Workforcethe Workforce

Recruiting

Engagement

Corporate Knowledge

Crisis Management

Social Media BackfiresSocial Media Backfires

Sexual Harassment

Discrimination

Social Media as a Valid Business Social Media as a Valid Business ToolTool

Ethics

Law

Culture

Questions??Questions??