This presentation provides an in-depth look at the issues employers face on a daily basis regarding the Internet, e-mail usage, and social networking tools.
These issues include the different mediums of social media that now exist and the related legal problems, for example, in the hiring of employees, employee discipline, social media policies, and post-employment scenarios.
The following is a brief overview of some of the items that we will discuss in this presentation:
(a) social media and the Internet today - countless forms of web 2.0 technologies are available on the Internet, and this presentation will address some of the social media platforms commonly used by employees and employers;
(b) social media and hiring - the increased use of social media by both employees and employers presents novel legal issues, including those associated with hiring employees. Potential pitfalls associated with employers’ use of social media in the hiring process and how to avoid associated legal problems will also be discussed;
(c) social media policies - while a carefully crafted social media policy can be a real asset to a company, a poorly written or outdated policy can be a liability. For example, the National Labor Relations Board has recently given social media policies considerable attention, and many employers’ social media policies have been found to be in violation of the National Labor Relations Act;
(d) post-employment considerations - legal issues surrounding social media do not end when an employment relationship is over. Employment references, trade secrets, and restrictive covenants, for example, can all be impacted by social media;
(e) communications and crisis planning - employee communications, the importance of having a communications and crisis plan that takes communications and legal aspects into consideration will be discussed; (f) other legal issues - other legal issues associated with social media, the internet, and e-mail in the workplace will also be addressed, including privacy concerns, discrimination, wage and hour issues, freedom of speech, and electronic discovery of documents in lawsuits.
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