...Case Study Week 2: Social Media Polices: Are They Legal? Keisha Rivera DeVry University MGMT 410 Professor Miller Case Study Week 2: Social Media Policies: Are They Legal? The National Labor Relations Board (NLRB) is part of the United States government. It is an independent agency that is in charge of holding elections to represent the labor union, and also investigates and remedies the unfair labor practices (National Labors Relations Board, n.d.). Many companies have policies set into play regarding the restriction of social media usage while on company property. Many organizations are afraid that if an employee is utilizing social media accounts while at work that they may be posting negative comments about the organization. This will give the company a bad name. NLRB Facebook Firing An employee fro a Connecticut company had posted certain negative comments about a supervisor on their personal Facebook account. The employee was fired after posting about her supervisor, calling him a “scumbag”. Under the National Labor Relations Act (NLRA), employees are allowed to criticize the company as well as the leaders on social media. “Employers that set social media policies that prohibit or attempt to prohibit such activity can be in violation” (Northway, 2011, para. 6). Decision I agree with the decision of the NLRB to pursue this case. The company was clearly in the wrong by firing the employee for the remarks she made on her personal Facebook account. She...
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...it terminated five employees for “venting” after hours on Facebook about their jobs. The post included one employee’s complaint that a coworker didn’t feel she was working hard enough and another employee’s commiseration that she didn’t “have a life”. The NLRB stated that ““Employees have a protected right to discuss matters affecting their employment amongst themselves,” and it was “irrelevant … that the [employees] were not trying to change their working conditions and that they did not communicate their concerns to Hispanics United.” The agency was ordered to reinstate the fired employees with full back pay. Employers should ensure that their social media and internet policies do not facially violate the NLRA by prohibiting employee discussions of working conditions. And, while employers can still prohibit misuse of social media - including for the dissemination of trade secrets or confidential and proprietary information, trade libel, defamation, or harassment - employers must scrupulously avoid violating the NLRA by disciplining employees for legitimate, online discussions of working conditions. Agreeing with the NLRB’s decision I agree with NLRB’s decision. The agency – Hispanics United of Buffalo should have taken other measures in consideration, opposed to terminating the employees, I think that action was too extreme for the situation. After all, the employees only posted about their concerns, which should not be considered a violation of the agency, since no posts...
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...Running head: SHOULD ORGANIZATIONS ALLOW SOCIAL MEDIA IN THE WORK PLACE? Should Organizations Allow Social Media in the Work Place? Following the American Psychological Association’s Guidelines Abstract The growth of social media is astonishing. Organizations question if to allow social media in the workplace. The paper contains information beneficial to an organization when making the decision to allow social media in the work place. Topics included are social policies and procedures, benefits, risks, legal impacts, media interpretation, legal cases and methods of improvement. The information is intended to convey that it is beneficial to allow social media in the workplace if only a well written social media policy exist. Should Organizations allow Social Media in the Work Place? Social media continues to grow. The rapid growth has Organizations facing a decision whether to allow the use of social media in the workplace. Social media today is widely popular due to its advancements in collaboration and communication which can benefit business. In order to make a decision such as allowing social media in the work place it is important for an organization to be knowledgeable about the following information: * Social Policies and Procedures * Benefits and Risk * The legal impacts to the organization * How to minimize the risks but maximizing the market * How media interpret the impact * Recent legal cases and outcomes * Methods of improvement...
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...Social media allows people the freedom to share vast amounts of information across the globe and in a very short time period. In fact, in this day and age, it is nearly impossible for any type of business to not be involved in social media. As these technologies evolve, employers look to the courts for answers to legal their questions. Nevertheless, employers continue to struggle with their employees’ work-related and personal social media postings, causing a necessity for social media policies within the work place. The purpose of this paper will address the influence of social media on employment laws and social media policies. Although social media continues to grow, the law seems to always lag behind. Through social media individuals...
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...Assignment 1: Social Media Shannon Pindle Date: August 12, 2014 Class Name: Leg 100- Business Law Professor Latarsha Jones A legally astute manager recognizes and shows an appreciation for the law and identifies and makes legal considerations at each level of development and implementation. Respect for the law serves as the building blocks in the development of a management team. Following appropriate behaviors and adhering to the guidelines in the law represents the importance of meeting societal expectations and norms (Bagley, 2013 page 15). This set of attitudes that is value laden can mitigate the risk involved in doing business in Facebook. Violence and suffering is often continuous in a media culture. This can sometimes cause an indifference to the vision of human suffering (Chacksfield, 2009). A legally astute marketing manager can acquire the data, consumer feedback and reactions which represents moral concerns. Collaborative efforts of the marketing manager can be made to create sites that represents standards of how society’s behavior should be and drive all aspects of a management teams. The legally astute marking manager seeks legal counsel, advice, and guidance and is proactive in addressing the legal dimensions of business. All concerns should be addressed in ways that are effective, efficient, and legally permissible (Bagley, 2009, page 13). Legal advice in all aspects of the business allows a legally astute manager to be proactive as opposed to being...
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...Challenges to Implementing New Policies in the Workplace with regards to Social Media Introduction There are many benefits that social media has brought and continues to bring to the corporate world but there are also many drawbacks that organizations face due to the risks from its use. I believe that it can be proactively managed for organizations to protect its reputation while providing its employees with the proper tools to manage their own personal and business manners with regards to social media. The intent of this report is to demonstrate the challenges to implementing new policies in the workplace with regards to social media. Policies Policies are principles, rules, regulations, guidelines, and/or laws that are adopted by organizations to assist them in reaching their long-term goals. They are designed to influence and determine all major decisions and actions that are expected in the workplace. They state what is to be done, who is to do it, how it is to be done and for whom it is to be done. Company policies are important because they define the company’s responsibilities and duties, to both its staff and its clients. These policies are also in place to define the company’s expectations and standards. Many policies are used to illustrate the company’s compliance with certain laws and regulations. Most companies have polices and procedures already in place, they mainly choose only necessary policies that ensure a safe, organized and nondiscriminatory work place...
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...Use of Social Media in the Workplace Executive Summary With the growing number of social media-related lawsuits happened in Canada, many employers have to find how to create efficient and effective social media policies for their companies. I am a student in a course called Advanced Written Communication, which is one of my third year courses in Bachelor of Business Administration program. As a business student, I am also interested in this problem. From the research, I find some social media-related cases and some privacy legislations in Canada. They warn both employers and employees that it is necessary to have enough legal and security knowledge. Employers should create media policies based on Canada’s laws, and employees also should carefully use social media in the workplace according to company’s policies. In addition, I find a fact that numerous companies in Canada and United States ban social media at work. However, this will alienate new employees who like social media, and make old employees feel unhappy. Thus, to create efficient and effective social media policies, a list of useful points are provided at the end. 1.0 Introduction 1.1 Purpose We will analyze cases of using social media in the workplace, consider the effect of Canada’s related laws, and finally find out how to create efficient and effective social media policies for the company. 1.2 Problems When Creating Social Media Policies In recent years, social media has become an important...
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...Smyth vs. Pillsbury 1996 The Smyth v. Pillsbury 1996 case is one concerning cyber law. The plaintiff, Smyth, stated he was wrongfully terminated by The Pillsbury Company due to public policy and the right to privacy. Smyth utilized the company’s email system and sent emails to his supervisor from home. These emails contained “inappropriate and unprofessional” comments concerning the defendant. (Michael A. Smyth v. The Pillsbury Company, 1996). The courts found that the termination was not violating any privacy laws. The courts applied the case of Borse v. Piece Goods Shop, Inc. 1992 to the Smyth case. In the Borse case, the courts found that someone who intentionally intrudes on another either physically or by some other manner, which concerns their private affairs, to be held liable if this intrusion is considered highly offensive to any reasonable person. (Sarah Borse vs. Piece Goods Shop, Inc., 1992). The email communication between Smyth and his supervisor was done voluntarily by Smyth, he had done so on his own free will. The second assumption by the courts is that there is no assurance that emails sent over the company system would not be interrupted by others. The third notion is the email system is used companywide so the expectation of these staying private is lost. (Samson, 2013). The courts stated that the interested of the company preventing illegal activity, inappropriate and unprofessional comments over the email system outweighs the privacy interest of any...
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...The amazing amount of users along with the relatively inexpensive advertising rates, can clearly help a business be cost effective with their advertising budget. In their Social Media Advertising Trends for 2014 report, eMarketer polled U.S. companies of one hundred or more employees, and found that approximately eighty-eight percent plan to utilize social media for marketing in 2014. Until now, companies and agencies have never had such ease in reaching viewers. Additionally, viewers have the ability to provide feedback on products and services in an instant to the advertiser and friends. This fact can be a huge benefit or detriment for companies or agencies, depending on the content of the feedback that is being...
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...Social Media Policy Social Media pertains to user-created audio, video, text or multimedia works that are shared in an electronic environment, such as Facebook, Twitter, email, personal blogs or instant messages. In as such, the policy of our company is that employees may use Social Media for their personal use while off the clock and in compliance with our company’s terms related to Social Media. Please note that conduct that is illegal or in direct violation of the company’s policy on Social Media will still be deemed a violation of policy or illegal if it occurs online. Employees are entitled to express their opinions and ideas, but have a responsibility not to violate the company’s policies or negatively reflect on the organization. When communicating online employees should never speak on behalf of the company or about the company without prior authorization from management or marketing, or hold a position that has been approved to speak on behalf of the company. The company reserves the right to restrict and monitor employee’s use of social media. The employee should remember to: Be respectful; Be authentic and always state your name; Be careful and protect your personal information; Be responsible and act with integrity. The employee should never disclose confidential information. The employee should never disclose patient information. The employee should never disclose personnel information. The employee should never disclose legal information. The employee should...
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...Social networking tool is widely used and has attracted an immense audience all over the world. In universities, social networks have enhanced interactivity, provided an information sharing platform and enabled the formation of virtual communities. Additionally, social networks have enabled students find opportunities in internships, job leads etc and assists them with assessment tasks. In general, social networks have contributed to improved communication in the virtual world. University counsel has in this light had the responsibility to place guidelines on socio networking use in universities. The availability of these socio media tools has enabled students output in the form of documents or products to get to reach audiences outside the classroom. These have led to a higher level of responsibility as well as accountability of everyone in the cycle. (Lewis, Baule, 192). While it is true to say that socio network should be a personal choice and should have freedom of use guidelines are necessary to place control on freedom of expression which in most cases can be violated. Regardless of the expectations that individuals and in this case students take responsibility of using this platform, it cannot be denied that an oversight is vital to put in place rules concerning the use of social networks. University policies give clear guidelines on acceptable use of social networks, unacceptable use and privileges concerning the same. Steven and Julie argue that universities have...
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...NORTHCENTRAL UNIVERSITY ASSIGNMENT COVER SHEET Learner: Terry L Green THIS FORM MUST BE COMPLETELY FILLED IN Please Follow These Procedures: If requested by your mentor, use an assignment cover sheet as the first page of the word processor file. The assignment header should include the Learner’s last name, first initial, course code, dash, and assignment number (DoeJXXX0000-1) justified to the left and the page number justified to the right. Keep a Photocopy or Electronic Copy of Your Assignments: You may need to re-submit assignments if your mentor has indicated that you may or must do so. Academic Integrity: All work submitted in each course must be the Learner’s own. This includes all assignments, exams, term papers, and other projects required by the faculty mentor. The known submission of another person’s work represented as that of the Learner’s without properly citing the source of the work will be considered plagiarism and will result in an unsatisfactory grade for the work submitted or for the entire course, and may result in academic dismissal. | | BTM8102-8 | Kris Iyer, PhD | | | Business Research Methodology | GreenTBTM8102-2 | | | <Add Learner comments here> ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- Faculty Use Only ------------------------------------------------- <Faculty comments here> ...
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...HIPAA and Social Media Lolita Stanton January 27, 2013 National Louis University HCL 430 Social media has taking the world by storm. Face book, My Space, Twitter, and many more are connecting people of the world to one another. In the article “Social Media and HIPAA Compliance”, the author takes a look at the rules that govern HIPAA and social media. HIPAA is an abbreviation for the Health Insurance Portability and Accountability Act. HIPAA was signed into law by President Bill Clinton. HIPAA is a federal law that contains strong rules that regulate the use of disclosure of (PHI) Protected Health Information. PHI is considered to be any information that contains health status, provisions of health care or payment for health care that can be linked to an individual. If a person feels like their rights have been violated, they can file a complaint with the Department of Health and Human Services or the office for civil rights. If a health care provider is found guilty of a HIPAA violation, the person will pay a monetary penalty. This articles main focus was to show how social media can play a positive roll if used correctly by healthcare providers and patients. Many Bariatric patients have found comfort in the social media sites. Some institutions use social media to form forums to help patients. Social media sites can be used for support groups. It is always helpful when you can find someone...
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...2013/14 Survey Social Media in the Workplace Around the World 3.0 Proskauer Rose LLP | Prior results do not guarantee a similar outcome | Attorney Advertising About Our Survey We are proud to present Proskauer’s third annual global survey about social media use in the workplace. As in previous years, in addition to our survey results, in collaboration with select law firms across the world, we have included a brief summary of the law from around the world, including significant recent developments. Please note that the information provided in this survey is not intended to be, and shall not be construed to be, the provision of legal advice or an offer to provide legal services, nor does it necessarily reflect the opinions of the firm, our lawyers or our clients. No client-lawyer relationship between you and the firm is or may be created by your access to or use of this survey or any information contained in it. Proskauer Rose LLP (Proskauer) is not obligated to provide updates on the information presented herein. © Proskauer Rose LLP. All Rights Reserved. Social Media in the Workplace Around the World 3.0 When we published our first survey in 2011, there was a sense of novelty and even mystery about social media usage in the workplace. There was a strong perception that social media and business did not mix. The art of harnessing social media for business lacked the sophistication and prominence that it now has. Today, business use of social media is mainstream. This shift from...
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...Week 2: Case Study: Social Media Policies, Concerted Activity and HR Management 1. The NLRB has made finding regarding the use of employee posts on Social Media sites to discipline or terminate those employees. Typically these cases occur when an employee posts “negative” information about their current employer or boss. Sometimes these are “public” and other times the employer uses “spies” or “fake friending” to see the Facebook page of the employee. Find at least one case or article online regarding this topic, and briefly explain the facts of the case, and the determination of the NLRB as to whether the employee was properly or improperly disciplined or terminated as a result of their use of Social Media to complain about, criticize, or publicly bash their company or boss. Provide the citation to the article you discover. Design Technology Group, LLC et al., Case 20-CA-35511 (April 30, 2012) The decision was against the non-retailer company known as Bettie Page as instructive. The administrative Law Judge had found that Bettie Page engaged in unfair labor practices when it had terminated three employees who engaged in protected concerted activity through discussions they had on Facebook. The decision against Bettie Page ordered the company to reinstate the three employees to their former jobs and Bettie Page was also ordered to pay back wages. These three employees felt that the store manager wasn’t managing the store or its personnel well. The employees...
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