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Social Media

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Social Media Why Should You Care? Stateline SHRM September 8, 2011 Carlos S. Ar valo Zukowski, Rogers, Flood & McArdle 50 Virginia St. Crystal Lake, IL 60014 – PowerPoint PPT presentation

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Title: Social Media


1
Social Media Why Should You Care?
Stateline SHRMSeptember 8, 2011
Carlos S. Arévalo Zukowski, Rogers, Flood
McArdle 50 Virginia St. Crystal Lake, IL
60014 815/459-2050 carevalo_at_zrfmlaw.com
www.zrfmlaw.com
2
What is Social Media?
  • Forms of electronic communication (as Web sites
    for social networking and microblogging) through
    which users create online communities to share
    information, ideas, personal messages, and other
    content (as videos).

Merriam-Webster 2011
3
Types of Social Media
  • Facebook
  • Twitter
  • LinkedIn
  • Blogging

4
Facebook
  • More than 750 million active users
  • 50 of users log on to Facebook in any given day
  • Average user has 130 friends
  • People spend over 700 billion minutes per month
    on Facebook

5
Facebook (cont.)
  • There are more than 250 million active users
    currently accessing Facebook through their mobile
    devices.
  • People that use Facebook on their mobile devices
    are twice as active on Facebook than non-mobile
    users.
  • There are more than 200 mobile operators in 60
    countries working to deploy and promote Facebook
    mobile products.

6
Twitter
  • Number of new accounts created on March 12, 2011
    572,000.
  • Average number of new accounts per day over the
    last month 460,000.
  • Increase in number of mobile users over the past
    year 182.

7
Twitter (cont.)
  • The average number of Tweets people sent per day,
    one year ago 50 million.
  • The average number of Tweets people sent per day,
    in the last month 140 million.
  • Tweets sent on March 11, 2011 177 million.
  • Tweets per second (TPS) when Michael Jackson died
    on June 25, 2009 (a record at that time) 456.

8
LinkedIn
  • As of August 4, 2011, LinkedIn operates the
    worlds largest professional network on the
    Internet with more than 120 million members in
    over 200 countries and territories.
  • More than half of LinkedIn members are currently
    located outside of the United States.
  • There were nearly two billion people searches on
    LinkedIn in 2010.

9
LinkedIn (cont.)
  • As of June 30, 2011 (the end of the second
    quarter), LinkedIn counts executives from all
    2011 Fortune 500 companies as members its
    corporate hiring tools are reportedly used by 75
    of the Fortune 100 companies.
  • More than 2 million companies have LinkedIn
    Company Pages.
  • LinkedIn is currently available in nine
    languages English, French, German, Italian,
    Portuguese, Spanish, Russian, Turkish and
    Romanian.

10
Blogging
  • There have been more than 133,000,000 blogs
    indexed by Technorati since 2002.
  • According to Universal McCann (now UM) 77 of
    Internet users read blogs.
  • The popularity of blogging is split evenly among
    both men and women with 50.9 of bloggers being
    female and 49.1 being male.
  • The United States has the largest share of
    bloggers with 29.22 of all bloggers.

11
Blogging (cont.)
  • Hobbyists (non-income bloggers) seem to be
    blogging less and part-timers, professionals, and
    self-employed bloggers are blogging more than
    ever.
  • 15 of Bloggers spend 10 or more hours each week
    blogging.
  • One in five Bloggers report updating on a daily
    basis.
  • The most common rate of updating is 2-3 times per
    week.

12
Social Media
  • So should we care?

13
Social Media (cont.)
  • Yes

14
The Good...
  • If used properly, it is an excellent marketing
    tool.
  • It enhances access to potential customers, target
    audience.
  • It allows for optimal communication between
    employees, customers and public.
  • It fosters stronger relationships.
  • It allows users to engage and remain competitive
    in todays global market.

15
The Bad
  • You can be sued

16
The Badfor Employers
  • If not handled properly, there may be problems
    related to
  • Recruitment
  • Employee misconduct using social media
  • Free Speech
  • Access to Employees Use of Social Media
  • Employee Discipline Based on Use of Social Media

17
Recruitment
  • Pre-screening of employees by conducting internet
    search.
  • Limiting recruitment efforts to internet.
  • Failure to notify candidate of social
    media/internet search.
  • Failure to verify information obtained in
    internet/social media.
  • Decision making on social media information
    related to religious affiliation, age, ethnic,
    racial and sexual orientation (Illinois).

18
Employee Misconduct
  • Potential for harassment using social media.
  • Specific individuals can be targeted.
  • It can be general in nature, intensifying conduct
    that creates a hostile work environment.
  • Cyber-bullying using social media.
  • On duty/off duty is irrelevant.

19
Free Speech
  • Typically, a concern for public sector employers.
  • Claims hinge on whether speech on matters of
    public concern are outside the scope of
    employment.
  • Spanierman v. Hughes, a Connecticut case
    involving a non-tenured teacher fired for posting
    an Iraq war related poem. School prevailed
    because there were multiple inappropriate
    comments, pictures and communications between the
    teacher and students.

20
Access to Employees Social Media
  • Primary consideration is the employees
    expectation of privacy.
  • Expectation of privacy depends on who owns or
    pays for the equipment used, the nature of the
    communication and how it relates to the
    employees job.
  • Does employer have a Social Media Policy in place?

21
City of Ontario v. Quon
  • Supreme Court case decided in June 2010.
  • City issued pagers to police officers with usage
    limits, which Sgt. Quon and other officers
    exceeded.
  • Police Chief investigated whether limits were too
    low and to determine costs.
  • Sgt. Quons usage consisted of non-work related
    messages of a sexually explicit nature.
  • Sgt. Quon was disciplined following an internal
    affairs investigation.

22
City of Ontario v. Quon (cont.)
  • City had written computer, internet and email
    usage policy specifying that City reserves the
    right to monitor and log all network
    activitywith or without notice and that users
    should have no expectation of privacy when using
    these resources.
  • Sgt. Quon claimed the City had violated his 4th
    Amendment rights of protection against
    unreasonable search and seizure.
  • Supreme Court eventually heard the case and
    applied a two step analysis 1) Does the employee
    have a reasonable expectation of privacy and 2)
    Was the search reasonable under all circumstances.

23
City of Ontario v. Quon (cont.)
  • The Court found that search was motivated by a
    legitimate work-related purpose and was not
    excessive, and as a result, it was reasonable.
  • However, the Court hesitated to find any
    reasonable expectation of privacy for Sgt. Quon
    noting that, given the dynamic and emerging
    technology of communication and information
    transmission, there may be far too many
    implications for future cases that cannot be
    predicted.

24
City of Ontario v. Quon (cont.)
  • Impact of City of Ontario?
  • It is not a general rule, each case will be
    decided on a case-by-case basis.
  • Ontario is a public sector case.
  • It underscore importance of work policies and
    notification to employees to ensure there is no
    expectation of privacy.

25
Employee Discipline
  • Utilize concept of just cause
  • There must be a reasonable rule in place
  • There must be notice to employees of possible
    consequences
  • There must be an investigation
  • Investigation must be fair
  • There has to be proof
  • Disciplinary action must be equally and
    consistently applied
  • Disciplinary action must be appropriate

26
Social Media Policy
  • Adopt a social media policy or revise existing
    computer usage policies to include social media.
  • Policy sufficiently broad to address off-duty and
    personal use.
  • Notification to employees of policy and no
    expectation of privacy.
  • Notification to employees of company monitoring
    employee social media practices.

27
Social Media Policy (cont.)
  • Define scope of policy and what is prohibited
  • Company confidentiality
  • Use of disclaimers
  • Use of company property
  • Social media usage during work hours
  • Social media practices off duty
  • Rules of conduct apply to social media usage
  • Identify consequences of violation of social
    media policy, including termination.

28
QUESTIONS?
29
THANK YOU
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