Social Media and employee privacy

Overview

• Employer's increasing use and access to employees social media and how it affects employee privacy
• Potential future pros and cons

3 Potential legal issues regarding social media within the employment context ( Sanchez Abril et al., 2012)

Employer monitoring of the online speech of applicants in making hiring decisions
( Sanchez Abril et al., 2012)

Employer monitoring and surveillance of employee speech in social media profiles ( Sanchez Abril et al., 2012)

Employer imposed limitations on an employee's off duty social networking activities ( Sanchez Abril et al., 2012)

The impact of social media

• Advances in technology impacted the portability and affordability of personal computers and other gadgets; this in conjunction with social media, has changed the way we communicate. For example, Facebook with over 800 millions of users in 2012 has become one of the most recognized social network platform for regular communication (Dispatch, 2018).

Company use of social media

• Recruiting
• Communication ( external and internal)
• Lead generation and marketing

Employee use of social media

• Social media platforms and other forums allow individuals to publicly express various facets of themselves, including their private life and their opinions ( Sanchez Abril et al., 2012)

Monitoring social media utilization

• There are many employers that monitor communications and online activity of their employees while at work. The employer have the right to conduct this type of monitoring. An employer would monitor all activity and website visited on a work computers (Mello, 2012).

Why employers monitor associate use ?

• Protect the firm from various potential legal liabilities that may result from employee wrong doing ( Sanchez Abril et al, 2012)
• Sarbanes-Oxley requires retention of all emails related to financial transactions (Kenton, 2019).

Why employers monitor associate use?

• Employers monitor for security and performance. With strict monitoring controls employers look to protect their reputation, intellectual property as well as trade secrets. A malicious employee may use social media to affect the employee's reputation or to release intellectual assets (Sanchez Abril et al., 2012).

Why employers monitor associate use?

• Monitoring to track productivity. Employers are interested in measuring the level of productivity an employee has while at work (Chitra,n.d.).

Laws that regulates employee and employer

• One of the laws that regulates employee and employer social media use and monitoring is the National Labor Relations act (NLRA), this act states that employees are giving the right to engage in " concerted activities for the purpose of collective bargaining" or other mutual aid or protection and employers are prohibit from taking action against such activity (National Labor Relations Act, (n.d.).

US Law

• U.S. Law emphasizes that the workplace and its resources are the property of the employer, therefore, workplace privacy is not an employee right ( Sanchez Abril et al., 2012)

California Law

• The California governor signed into a bill that prohibits an employer from requiring or requesting an employee or applicant to disclose their social media username or password (Tullio, 2019).

Pros and Cons

• Economical and easy to use
• It can be for orientation and learning
• Use of social media can help uncover flaws in a potential employee character that could lead to a negligent hiring ( Sanchez Abril et al., 2012)

Cons

• Privacy lines are blurry
• Ethical dilemma with the use of social media for the hiring process
• Employer strict monitoring controls can lead to higher levels of employee stress and can affect work satisfaction and productivity ( Sanchez Abril et al., 2012).

Conclusion

• Social media use is expected to keep growing in the next couple of years and its popularity to gain more territory among employers and individuals. Also, it will become even more instrumental in the hiring process and in individual's life in general. Therefore, it is important to find a middle ground, clearly defining policies around the use of social media and monitoring.

Thank you

References

• Tullio, P. (2019).Social Media Law. Retrieved from: https://www.socialmedialawbulletin.com/2019/03/new-california-laws-may-requ...
• National Labor Relations Act, (n.d.). Retrieved from: https://www.nlrb.gov/how-we-work/national-labor-relations-act
• Chitra, R. (n.d.). Should Employers Monitor their Employees Social Media?. Wise Step. Retrieved from: https://content.wisestep.com/companies-monitor-employees-social-media/
• Kenton, W.(2019). Sarbanes-Oxley (SOX) Act of 2002 . Investopedia. Retrieved from: https://www.investopedia.com/terms/s/sarbanesoxleyact.asp
• Dispatch, (2018). The Effects of Social Media in Modern Society.The NYU Dispatch. Retrieved from: https://wp.nyu.edu/dispatch/2018/06/11/the-benefits-of-social-media/
• Sánchez Abril, P., Levin, A., & Del Riego, A. (2012). Blurred boundaries: Social media privacy and the Twenty-First-Century employee. American Business Law Journal, 49(1), 63-124.
• Mello, J. A. (2012). Social media, employee privacy and concerted activity: Brave new world or big brother? Labor Law Journal, 63(3), 165-173.