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Workplace Social Media Issues

instructor
By: Bob Oberstein
Schedule: 31 January, 2025 (Friday)
Time: 12:00 PM PDT | 03:00 PM EDT
Duration: 90 Minutes
Webinar ID : 2565

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Webinar Details

It's a lot more than just "sexting." or visiting inappropriate websites! Do you have a social media policy? Are employees aware of it and have they been trained in its proper application? Is your social media policy aligned with all your other policies and/or collective bargaining agreement(s), the National Labor Relations Act (Section 7 Rights) and/or your state and local labor and employment laws, and the Federal Trade Commission's regulations?  Does your social media policy protect individual rights regarding confidentiality and the 1st Amendment’s right to Freedom of Speech? If you recruit using social media, are you in compliance with the Fair Credit and Reporting Act? Does your social media policy protect copyrights, trademarks, intellectual property, and trade secrets? Are your "take down" protocols adequate? Who owns an employee's social media account(s) and what happens when they exit the organization? If you don’t know the answers to at least these fundamental questions then this webinar is for you so you can protect your organization, its employees, and all stakeholders.

WHY SHOULD YOU ATTEND?

Does your social media or other policies require employees to; be respectful; not release confidential information; not engage in threats; communicate professionally; and/or be fair and courteous? Although these certainly look innocent enough, and regardless of whether you do or don’t have a social media policy these probably exist in some fashion within your expectations for employees. However, the problem is that all 5 of these would likely, regardless of if there is a Union or not, based on National Labor Relations Board guidance for social media policies be ruled as Unfair Labor Practices or unlawful.  Plus, when you consider that all it takes is just 1 similar misstep with your social media policy to also violate the Fair Credit Reporting Act, Federal Trade Commission (FTC) regulations, State Attorney General’s Office or local ordinances and several privacy laws it makes attending this webinar mandatory for future compliance of your workplace.

AREA COVERED

  • Defining the many types and uses of social media
  • The importance of having a social media policy
  • Why your social media policy must comport with all other policies as well as the law
  • Social media in both organized (union) and un-organized and public as well as private sector workplaces
  • Social media and the:
  1. 1st Amendment (Freedom of Speech) 
  2. National Labor Relations Act (NLRA)
  3. Fair Labor Standards Act (FLSA)
  4. Copyrights, trademarks, and trade secrets
  5. Right of Publicity
  • Plain language v legal format for your policy
  • Blog moderation policies
  • State statutes
  • Social media account passwords
  • Recruiting with social media
  • Digital legacy (who owns the social media account and its content)
  • Take down policies
  • Monitoring your social media policy and the organization’s social media activity

LEARNING OBJECTIVES

Attendees will be exposed to and develop an appreciation for:
  • Defining Various Types and Uses of Professional Social Media.
  • The Importance of Robust, Compliant Workplace Social Media Policies.
  • Why and How to Align Social Media Policy with Legal and Organizational Requirements.
  • Why and How to Apply Policies Across Unionized, Non-Unionized, and All Sectors.
  • The Importance of Addressing First Amendment, NLRA, FLSA, and Publicity Rights Concerns.
  • Dealing with Intellectual Property Issues: Copyrights, Trademarks, Trade Secrets.
  • Why and How to Draft Clear Social Media Policies Using Plain Versus Legal Language.
  • The Importance of and How to Manage Social Media Recruitment, Password Security, and Digital Legacy. 
  • The Why and How behind Creating And Enforcing Moderation and Take-Down Policies in Relation to Monitoring of Social Media.

WHO WILL BENEFIT?

  • All level managers, supervisors, executives, Board and/or Commission members. All Levels of both in-house and outside counsel. All levels of Union representation and officers (Stewards, Business Representatives, Business Managers, Presidents, and all officers/ board members). All levels of Human Resources and specifically labor Relations. All levels of security personnel/staff.
Does your social media or other policies require employees to; be respectful; not release confidential information; not engage in threats; communicate professionally; and/or be fair and courteous? Although these certainly look innocent enough, and regardless of whether you do or don’t have a social media policy these probably exist in some fashion within your expectations for employees. However, the problem is that all 5 of these would likely, regardless of if there is a Union or not, based on National Labor Relations Board guidance for social media policies be ruled as Unfair Labor Practices or unlawful.  Plus, when you consider that all it takes is just 1 similar misstep with your social media policy to also violate the Fair Credit Reporting Act, Federal Trade Commission (FTC) regulations, State Attorney General’s Office or local ordinances and several privacy laws it makes attending this webinar mandatory for future compliance of your workplace.
  • Defining the many types and uses of social media
  • The importance of having a social media policy
  • Why your social media policy must comport with all other policies as well as the law
  • Social media in both organized (union) and un-organized and public as well as private sector workplaces
  • Social media and the:
  1. 1st Amendment (Freedom of Speech) 
  2. National Labor Relations Act (NLRA)
  3. Fair Labor Standards Act (FLSA)
  4. Copyrights, trademarks, and trade secrets
  5. Right of Publicity
  • Plain language v legal format for your policy
  • Blog moderation policies
  • State statutes
  • Social media account passwords
  • Recruiting with social media
  • Digital legacy (who owns the social media account and its content)
  • Take down policies
  • Monitoring your social media policy and the organization’s social media activity
Attendees will be exposed to and develop an appreciation for:
  • Defining Various Types and Uses of Professional Social Media.
  • The Importance of Robust, Compliant Workplace Social Media Policies.
  • Why and How to Align Social Media Policy with Legal and Organizational Requirements.
  • Why and How to Apply Policies Across Unionized, Non-Unionized, and All Sectors.
  • The Importance of Addressing First Amendment, NLRA, FLSA, and Publicity Rights Concerns.
  • Dealing with Intellectual Property Issues: Copyrights, Trademarks, Trade Secrets.
  • Why and How to Draft Clear Social Media Policies Using Plain Versus Legal Language.
  • The Importance of and How to Manage Social Media Recruitment, Password Security, and Digital Legacy. 
  • The Why and How behind Creating And Enforcing Moderation and Take-Down Policies in Relation to Monitoring of Social Media.
  • All level managers, supervisors, executives, Board and/or Commission members. All Levels of both in-house and outside counsel. All levels of Union representation and officers (Stewards, Business Representatives, Business Managers, Presidents, and all officers/ board members). All levels of Human Resources and specifically labor Relations. All levels of security personnel/staff.

SPEAKER PROFILE

instructor

Bob Oberstein's career in Human Resources and Labor Relations spans over 48 years. Bob is uniquely qualified in this area having started out as a third-generation Union member who has represented both sides of the labor management table in both the public and private sectors in both the non-union and union workplace.

As an Interest Based facilitator he trained and coached parties on how to constructively process their negotiations to a successful conclusion thereby promoting and enhancing their relationship. Bob has also served the labor management community as a neutral fact finder, mediator and arbitrator for multiple organizations and agencies such as the Federal Mediation and Conciliation Service, American Arbitration Association, Financial Industry Regulatory Authority, Tucson Unified School District, Phoenix Employment Relations Board, Arizona Department of Education, United States Postal Service, and being a Special Master mediating and arbitrating disputes between, Fry's Food Stores & UFCW, Local 99. Several of his arbitration awards have been published by the Bureau of National Affairs as well as Commerce Clearing House and are referenced in How Arbitration Works by Elkouri & Elkouri, often considered the consummate reference in the field of arbitration. Bob was recognized in 1991 by the Federal Mediation and Conciliation Service's "Director's Lifetime Achievement Award" for promoting positive labor management relations.

Also significant in his background are the positions of Labor Relations Administrator for EBASCO Services (nuclear power plant construction for both Florida and Louisiana Power & Light); Senior Labor Relations Administrator for the Salt River Project, the local water and power utility in Phoenix, Arizona; Executive Human Resources Director for the Washington Elementary School District (largest elementary school district in Arizona); Labor Relations Administrator and chief spokesperson for the City of Phoenix, Arizona; and most recently Labor Relations Manager in the northwest United States. Bob is also a member of the Society for Human Resource Management, International Public Management Association and the National Public Employers Labor Relations Association and has been recognized by these organizations as achieving certified professional and senior certified professional status.

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