There are many issues that employers should be watching out for regarding social media and the Internet – here is the second in the series of Q&A:
How do we define the use of social media for employees and monitor productivity – or loss of productivity – based on its use?
Many of my clients have expressed concern that employees are spending too much time on their cell phones, on the internet, texting, or emailing for personal (not business related) reasons. Since the employer is paying the wages of the employee they have the right to be concerned about the loss of productivity. Many employers have now established policies that clarify their expectations, including controls such as prohibiting cell phones in the workplace, and randomly checking internet and email activity. My personal preference is to let employees know your expectations, then treat them as adults, and if you find them not complying with your expectations, take immediate and appropriate corrective action.
How will we monitor social media for employees and ex-employees that may be saying negative things about the employer/management/products/services/clients, or revealing confidential company information?
There seem to be several approaches to this question. A recent survey indicates 54% of employers prohibit the use of social media – see the results at http://webmarketingblips.dailyradar.com/article/how-should-employees-use-social-media/. Some employers assign someone to monitor internet activity, or at a minimum, randomly audit social media activity. Then if something negative is discovered, the employer takes aggressive action such as discipline, termination or in some cases a lawsuit, to eliminate the offensive activity. Employers should then make an effort to learn the cause of the employee’s dissatisfaction – there could be a valid issue but the employee just used an inappropriate public venue to air their concern. Again, it makes a lot of sense to have a policy and tell employees your expectations and the consequences.
How do we minimize or prevent the use of social media for harassment?
Employers need to review their policies to ensure they include language against harassment through the use of any social media. A whole new area for concern is “textual harassment” – using texting or other media to threaten physical harm, communicate obscenities, or other inappropriate communication. According to a study by the U.S. Justice Department, 23-percent of harassment victims in 2006 reported being accosted via electronic communications such as text messages or e-mails, and attorneys say that text messaging in the workplace is turning into a growing liability for employers. Once you’ve updated your policies to include information and guidelines on this type of harassment, you need to train your employees and supervisors regarding the new policies.
How do we control time (especially away from work) that employees spend on work related social networking with regard to pay, overtime, and benefit purposes?
I have written a previous blog on this topic “Time spent on facebook, LinkedIn, or twitter are hours worked.” Be sure to read that blog for all the details, but the bottom line is that employers need to know and control the time spent on work related efforts, especially by non-exempt employees and pay for those hours when it’s appropriate.
To sum up, social media is not going away, so I believe employers need to consider these questions and develop solutions and policies that work for their company. There are many sample social media policies already circulating, including this one: “10 Must-Haves for Your Social Media Policy” by Sharlyn Lauby (http://mashable.com/2009/06/02/social-media-policy-musts). As with all policies, it is not advisable to use someone else’s policy and force it to fit your situation. Policies need to be tailored to your specific company and industry and seek professional assistance if needed.
What kind of concerns do you have regarding social media? Please feel free to leave your concerns and thoughts in the comments section. For more info about what we do in the Buffalo area and beyond feel free to contact us.
