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HR Outsourcing News Roundup: Social Media Policies Edition

By / August 20, 2014 / Uncategorized No Comments

When it comes to social media and the workplace, there are a whole host of issues that arise. On one hand, social media is great for networking and expanding your client base. On the other, it represents myriad opportunities to offend someone, accidentally reveal something confidential or otherwise behave unprofessionally.

Just how much oversight can an employer have over their employees’ social media? Can social media be used as a recruiting or screening tool? What effect will Millennials have on social media policies in the future?

This week’s HR Outsourcing News Roundup brings you articles and blog posts that discuss various issues surrounding social media policies in the workplace.

More States Ban Social Media Snooping. SHRM: “On Aug. 1, 2014, New Hampshire became the 18th state in the country — the sixth this year — to bar employers from requesting access to the personal social media accounts of present or prospective employees. Similar legislation has either been introduced or is pending in at least 28 states, according to the National Conference of State Legislatures. So far, six states (Louisiana, New Hampshire, Oklahoma, Rhode Island, Tennessee and Wisconsin) have passed social media privacy laws this year. Maryland was the first state to pass such a law, back in 2012.”

Social Media Monitoring by Employers Predicted to Rise. The Guardian: “PwC predicts that online monitoring by employers will rise over the next decade. By 2020, people currently aged 18-32 will form half of the global workforce, bringing with them different attitudes to technology and personal data. The research claims that younger people are more open to sharing their personal data with their employers, with 36% of Generation Y workers saying they would be happy to do so.”

Use Facebook for Background Checks? Not so Fast, Says Hiring Expert. Houston Business Journal: “While social media seems like a brilliant way to learn about a potential new hire, employers should be discouraged from looking at a job candidate’s Facebook page, said Mary Massad, president of the recruiting services division at Houston-based Insperity…The issue lies with what people share on social media, Massad said. Just from looking at a person’s Facebook page, it’s possible to find out his or her political affiliation, race, religious beliefs, sexuality, marital status and any other information that could lead to a discrimination lawsuit down the road. Employers can also stumble upon photos of partying or situations that might paint a less-than-appealing image of the candidate.”

They Posted What? Protecting Your Company’s Reputation from Rogue Employees’ Social Media Posts. Inside Counsel: “Establishing a lawful social media policy that very clearly lets employees know what is acceptable and the consequences for posting improper information is another tool for employers. A social media policy needs to take into consideration several laws and legal issues, most notably privacy laws, such as the Stored Communications Act (SCA) and the NLRA. Under the SCA, only the user or an “authorized user” of the electronic information can access it without restrictions. No one else can access the stored information unless the user ‘voluntarily consents.’”

Post on Personal Facebook Page May Violate the ADA. WeComply: “In this case, an employer could end up being liable because an employee posted confidential medical information on her personal Facebook page. The company was sued by a former employee, who alleged the Facebook posting violated his rights under the Americans with Disabilities Act (ADA). The U.S. District Court for the Northern District of Indiana rejected the company’s motion to dismiss and the case is going forward.”

If you have more questions about social media policies and how to craft them for your company, please contact us. Our team is happy to share its expertise.

HR Solutions is a human resources outsourcing firm based in Baton Rouge, Louisiana. We eliminate human resources headaches for businesses with 10 to 1,000 employees by handling their payroll, employee benefits, regulatory compliance and other staffing needs. Contact us to learn how we can streamline your company’s human resources function to save money and reduce risk.




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