More and more people are using social media sites like Facebook and Twitter to share their ideas, thoughts, interests, pictures, etc. with their “friends” and, more often than not, the world at large. Indeed, the use of social media has permeated nearly every aspect of our lives. This webinar will highlight different issues that employers and employees confront when dealing with the use of social media in the workplace. Check out our Upcoming Events page for news and updates on our future seminars and webinars at http://www.macpas.com/events/. View a full recap of this webinar at http://www.macpas.com/webinar-risky-business/ This webinar was hosted by Suzanne Sentman (Human Resource Director) and Reed Horanburg (Senior IT Consultant) from McKonly & Asbury with special guest Todd Shill (Partner and Employment Law Specialist) from Rhoads & Sinon LLP. Risky Business: Navigating the Legal Aspects of Social Media in the Workplace

2. FRAUD ENGAGEMENT
FROM A TO Z
S A M U E L B O W E R C R A F T , M S I S , C I S A
&
D A V I D H A M M A R B E R G ,
C P A , C F E , C I S S P , M C S E , W X Y Z

4. RISKY BUSINESS
NAVIGATING THE LEGAL ASPECTS OF
SOCIAL MEDIA IN THE WORKPLACE
SUZANNE SENTMAN
REED HORANBURG
TODD SHILL

5. INTRODUCTIONS
Suzanne Sentman, SPHR
• McKonly & Asbury, LLP
• HR Generalist
• Serving M&A internally and HR consulting for clients
Reed Horanburg
• McKonly & Asbury, LLP
• IT and digital media/marketing
Todd Shill, Esq.
• Rhoads & Sinon, LLP
• Employment law and litigation over 21 years, specializes in social media in the workplace

6. MCKONLY & ASBURY, LLP
• Audit, Tax and Advisory Firm
• Regional presence in Pennsylvania
• Variety of clients ranging from
construction to manufacturing and
other clients
• Special capabilities in HR consulting
and job placement
• Best Places to Work and Best
Accounting Firm
• One of Central PA's premiere regional law firms
providing sophisticated counsel throughout the
Commonwealth of Pennsylvania
• Areas of specialty include:
• Litigation & Dispute Resolution
• Education
• Employment & Labor
• Energy & Utilities
• Environmental & Natural Resources
• Construction Law
• Employee Stock Ownership Plans
• Entertainment & Sports
• Health Care Law
RHOADS & SINON, LLP

7. AGENDA
• More and more people are using social media sites like Facebook and Twitter to share their ideas,
thoughts, interests, pictures, etc. with their “friends” and, more often than not, the world at large.
The use of social media has permeated nearly every aspect of our lives. This webinar will highlight
different issues that employers and employees confront when dealing with the use of social
media in the workplace.
• Specific topics we will cover:
• Social media usage in the workplace
• Employee conduct using social media
• Monitoring Employees
• Use of social media in hiring
• Noteworthy developments
• For Employees “What is safe”
• For Employers – Best practices

8. MySpace
Facebook
LinkedIn
Twitter
Instagram
Reddit
• 75% of employers are using social media for
business purposes
• 50% of employers allow employers to access
social media for non-business reasons
• Co-mingling of business and personal use
• Risk to employers / employees?
*cited sources
SOCIAL MEDIA IN THE WORKPLACE
FourSquare
Pinterest
Snapchat
Google+
Blogs
MORE!

9. “CAN I FIRE AN EMPLOYEE FOR DOING THAT?”
• The laws are changing
• What actions cross the line?
• Don’t speak ill of the customers…or the Boss
• Real world examples
• Calling in “Sick”
• Before you celebrate, wait until the check clears
• Broken confidentiality clauses

10. MONITORING
• The employer certainly has the right to monitor its
employees’ online activities while they are at work,
using equipment supplied by the employer
• If you are monitoring, you need to be taking action
• The employer may actually be held liable for
damages resulting from its failure to monitor an
employee’s use of its computer network

11. MONITORING
• Finding balance
• Separate research from decision
making
• Off duty conduct 15:40
• Technology obsessed?
• 53% of millennial’s would rather give up
smell than be disconnected
• What about a personal device
using company wifi?
• Happier employees

12. AT-WILL EMPLOYMENT TO THE RESCUE?
• Many employees feel that they are
protected by the seemingly ubiquitous
“freedom of speech” but it does NOT
restrict a private employer’s ability to
discipline or terminate an employee
• Public vs. Private employers, there different
rules

13. NATIONAL LABOR RELATIONS ACT (NLRA)
Employees Using Social Media can trigger rights under Section 7 of the NLRA when…
• Involves the terms and conditions of employment (pay, benefits, working
conditions, etc.)
• Be a logical or natural “outgrowth” of some earlier discussion(s) among co-workers
(think water cooler chat)
• Be directed to or involve other co-workers
• Intent to invite or encourage further action from those co-workers

14. NATIONAL LABOR RELATIONS ACT (NLRA)
Not Protected
• Comments or posts that are merely “gripes” are NOT afforded protection under the
NLRA
• Threats are NOT covered
Caution with crafting Social Media policies
• Do NOT discourage “friending co-workers”
• The “chilling” effect
• Confront situations and concerns head on and in person

15. SOCIAL MEDIA IN THE HIRING PROCESS
• I saw your blog…and you’re fired not even hired
• Researching applicant’s social media presence
• 25% of Facebook users don’t change their settings
• Best practices for social media privacy settings
• Off-duty conduct
• Some states have enacted laws prohibiting employers
from demanding logon IDs / passwords to sites

16. ATTENTION EMPLOYERS: THE SIGN SAYS “DO NOT ENTER”
Federal Law: Stored Communications Act
• Employers can’t hack into private accounts
• Unauthorized access to usernames and passwords for social media sites
• “Strong-arming” employees
Can employers request or obtain authorization from employee that he/she provided
this information freely?
• What if two employees are “friends” on Facebook and report conduct to employer?
• Is the “friend” an authorized user?

17. FOR EMPLOYEES…“WHAT IS SAFE?”
• Use common sense, “Be social, not stupid”
• Pictures and videos in the workplace
• Know your privacy settings and what is public
information
• Once you put it online, location means nothing
• Know your employer’s policies

18. BEST PRACTICES FOR EMPLOYERS
• Take Proactive Measures
• Policies
• In addition to making a broad list of social media services, note that the list is
always changing and incomplete
• Include no expectations of privacy with regard to employer provided equipment
• Be sure other polices extend to social media (i.e. unlawful harassment / sexual
harassment policies)
• Check state law for off duty conduct
• Periodic policy acknowledgement from employees
• Train your employees
• “Friending” Policies
• Regulate off-hours work for hourly employees

19. THANK YOU
Additional Questions? Please contact us.
• Suzanne Sentman ssentman@macpas.com
• Reed Horanburg rhoranburg@macpas.com
• Todd Shill tshill@rhoads-sinon.com

21. FRAUD ENGAGEMENT
FROM A TO Z
S A M U E L B O W E R C R A F T , M S I S , C I S A
&
D A V I D H A M M A R B E R G ,
C P A , C F E , C I S S P , M C S E , W X Y Z