Using social networks and social media in the
workplace
September 20, 2011
Stacy H. Barrow
[email protected]
617.526.9648
1
© 2011 Proskauer. All Rights Reserved.
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
© 2011 Proskauer. All Rights Reserved.
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
© 2011 Proskauer. All Rights Reserved.
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
© 2011 Proskauer. All Rights Reserved.
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 noneconomic 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)
© 2011 Proskauer. All Rights Reserved.
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
© 2011 Proskauer. All Rights Reserved.
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
© 2011 Proskauer. All Rights Reserved.
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
© 2011 Proskauer. All Rights Reserved.
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)
© 2011 Proskauer. All Rights Reserved.
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
© 2011 Proskauer. All Rights Reserved.
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
© 2011 Proskauer. All Rights Reserved.
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
© 2011 Proskauer. All Rights Reserved.
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
© 2011 Proskauer. All Rights Reserved.
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
© 2011 Proskauer. All Rights Reserved.
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
© 2011 Proskauer. All Rights Reserved.
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
© 2011 Proskauer. All Rights Reserved.
September 20, 2011
Stacy H. Barrow
[email protected]
617.526.9648
Questions?
© 2011 Proskauer. All Rights Reserved.
Social Strategy Building:
Using Social Networking and Social Media in Workplace Wellness
PRESENTED BY:
MIKE MURRAY, WEB STRATEGY THOUGHT LEADER, WORLD SYNERGY
Social Strategy Building – World Synergy Corporate Overview
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.
eStrategy Model
2
Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness
Social Strategy Building – World Synergy Corporate Overview
Our 500+ Clients Include:
3M
AC Delco
Answerthink Consulting
ASM International
Benefit Advisors Network
Chevrolet
Clear Channel Communications
CM Smith
De Nora
Disney
Elevation Group
Fitness Quest
French Oil
Group Services
Innoplast
King Nut
Lockheed Martin
Mergershop
Napa Auto Parts
Petroliance
Ronald McDonald House
Spectrum Surgical Instruments
Summit Racing
Wallace Insurance Group
Certifications/Authorized Resellers:
Cisco
Citrix
Dell
Google
IBackup
3
Microsoft
Miva Merchant
Sonic Wall
Sun Microsystems
Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness
Social Strategy Building: The Facts
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.
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Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness
Social Strategy Building: The Facts
Facebook Users: 750 million (may soon reach 1
billion)
Twitter Users: 200 million
YouTube Users 490 million
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Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness
Social Strategy Building: The Facts
• 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).
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Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness
Social Strategy Building: Trends
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.
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Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness
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.”
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Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness
Social Strategy Building: Trends
The South Carolina Hospital Association
recently connected with Medical University of
South
Carolina 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
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Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness
Social Strategy Building: What to Do
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.
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Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness
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.
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Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness
Social Strategy Building: What to Do
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.
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Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness
Social Strategy Building: What to Do
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 plugins 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-ofmouth 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).
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Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness
Social Strategy Building: What to Do
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
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Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness
Social Strategy Building: What to Do
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)
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Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness
Social Strategy Building: Private Networks
Yammer – for Corporate Use
www.yammer.com
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Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness
Social Strategy Building: Key Takeaways
• 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.
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Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness
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Mike Murray – Web Marketing Thought Leader
[email protected]
18
Social Strategy Building: Using Social Networking and Social Media in Workplace Wellness
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