Category Archives: Google+

Social Media Policy for Employers – NLRB Says This One Works

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You may have read that the NLRB recently released its third publication addressing social media policies and their “lawfulness” under the NLRA (specifically, whether the policy has a chilling effect on protected union activities such as concerted efforts related to complaining about work conditions, etc.). In what is styled as the: “Acting General Counsel releases report on employer social media policies,” the NLRB has taken yet another step to bring itself to the forefront of social media policy related issues.

You may also know that I am in the throws of a two-week jury trial and have not had much time to post recently. I have some fairly strong opinions about the NLRB’s latest publication. But that is for another post. I already link to several resources where you can find form or sample social media policies for employers. Well, now the NLRB has given its stamp of approval to one (shocking, I know). While I let my emotions subside over the NLRB’s stance on social media policies in general, consider the following, which the NLRB approved in its entirety (yes, I realize I am a little late to the game with this post):

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Social Media Policy

Updated: May 4, 2012
At [Employer], we understand that social media can be a fun and rewarding way to share your life and opinions with family, friends and co-workers around the world. However, use of social media also presents certain risks and carries with it certain responsibilities. To assist you in making responsible decisions about your use of social media, we have established these guidelines for appropriate use of social media.

This policy applies to all associates who work for [Employer], or one of its subsidiary companies in the United States ([Employer]). Managers and supervisors should use the supplemental Social Media Management Guidelines for additional guidance in administering the policy.

GUIDELINES
In the rapidly expanding world of electronic communication, social media can mean many things. Social media includes all means of communicating or posting  information or content of any sort on the Internet, including to your own or someone else’s web log or blog, journal or diary, personal web site, social networking or affinity web site, web bulletin board or a chat room, whether or not associated or affiliated with [Employer], as well as any other form of electronic communication.

The same principles and guidelines found in [Employer] policies and three basic beliefs apply to your activities online. Ultimately, you are solely responsible for what you post online. Before creating online content, consider some of the risks and rewards that are involved. Keep in mind that any of your conduct that adversely affects your job performance, the performance of fellow associates or otherwise adversely affects members, customers, suppliers, people who work on behalf of [Employer] or [Employer’s] legitimate business interests may result in disciplinary action up to and including termination.

Know and follow the rules
Carefully read these guidelines, the [Employer] Statement of Ethics Policy, the [Employer] Information Policy and the Discrimination & Harassment Prevention Policy, and ensure your postings are consistent with these policies. Inappropriate postings that may include discriminatory remarks, harassment, and threats of violence or similar inappropriate or unlawful conduct will not be tolerated and may subject you to disciplinary action up to and including termination.

Be respectful
Always be fair and courteous to fellow associates, customers, members, suppliers or people who work on behalf of [Employer]. Also, keep in mind that you are more likely to resolved work-related complaints by speaking directly with your co-workers or by utilizing our Open Door Policy than by posting complaints to a social media outlet. Nevertheless, if you decide to post complaints or criticism, avoid using statements, photographs, video or audio that reasonably could be viewed as malicious, obscene, threatening or intimidating, that disparage customers, members, associates or suppliers, or that might constitute harassment or bullying.

Examples of such conduct might include offensive posts meant to intentionally harm someone’s reputation or posts that could contribute to a hostile work environment on the basis of race, sex, disability, religion or any other status protected by law or company policy.

Be honest and accurate
Make sure you are always honest and accurate when posting information or news, and if you make a mistake, correct it quickly. Be open about any previous posts you have altered. Remember that the Internet archives almost everything; therefore, even deleted postings can be searched. Never post any information or rumors that you know to be false about [Employer], fellow associates, members, customers, suppliers, people working on behalf of [Employer] or competitors.

Post only appropriate and respectful content

  • Maintain the confidentiality of [Employer] trade secrets and private or confidential information. Trades secrets may include information regarding the development of systems, processes, products, know-how and technology. Do not post internal reports, policies, procedures or other internal business-related confidential communications.
  • Respect financial disclosure laws. It is illegal to communicate or give a “tip” on inside information to others so that they may buy or sell stocks or securities. Such online conduct may also violate the Insider Trading Policy.
  • Do not create a link from your blog, website or other social networking site to a [Employer] website without identifying yourself as a [Employer] associate.
  • Express only your personal opinions. Never represent yourself as a spokesperson for [Employer]. If [Employer] is a subject of the content you are creating, be clear and open about the fact that you are an associate and make it clear that your views do not represent those of [Employer], fellow associates, members, customers, suppliers or people working on behalf of [Employer]. If you do publish a blog or post online related to the work you do or subjects associated with [Employer], make it clear that you are not speaking on behalf of [Employer]. It is best to include a disclaimer such as “The postings on this site are my own and do not necessarily reflect the views of [Employer].”

Using social media at work
Refrain from using social media while on work time or on equipment we provide, unless it is work-related as authorized by your manager or consistent with the Company Equipment Policy. Do not use [Employer] email addresses to register on social networks, blogs or other online tools utilized for personal use.
Retaliation is prohibited [Employer] prohibits taking negative action against any associate for reporting a possible deviation from this policy or for cooperating in an investigation. Any associate who retaliates against another associate for reporting a possible deviation from this policy or for cooperating in an investigation will be subject to disciplinary action, up to and including termination.

Media contacts
Associates should not speak to the media on [Employer’s] behalf without contacting the Corporate Affairs Department. All media inquiries should be directed to them.
For more information If you have questions or need further guidance, please contact your HR representative.

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And there you have it. A valid, enforceable social media policy from the NLRB. Stay tuned for my scathing remarks on the remainder of MEMORANDUM OM 12-59 and its criticism of basically every social media policy currently in existence. Once trial is over, I will let you know how I really feel about the NLRB’s position on social media governance and employer rights.

But, until then, hopefully this post will help raise some compliance issues that you can address and implement.

Illinois Poised to Ban Employer Access to Social Media Passwords

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Readers of this blog know how much I love the topic of employers requesting social media (particularly Facebook) passwords from employees and candidates. But it seems to be the topic de jure, so I guess I have some obligation to keep myself up to date on the recent developments. I’ve previously written about several other states who are working on legislation to ban this practice. As far as I know, Maryland is the only state that has enacted a law. But it looks like Illinois is poised to do the same:

It is now up to Illinois Gov. Pat Quinn to decide whether to sign into law a bill that protects employees and job seekers from having to provide their social media passwords to current or prospective employers.

[Via the Chicago Tribune]

While it is unclear whether our good friend Bradley Shear (@bradleyshear) participated in drafting this legislation (as he did with Maryland’s law and SNOPA, which is based largely on Maryland’s law), he does provide some insight in the article. And I wouldn’t be surprised if Illinois’s law is based on Brad’s prior work. Regardless of Shear’s involvement, he is certainly on the front-lines of this fight. And, as I’ve said before, good on him for it.

Once again, if you’re doing this (requiring passwords) now, go ahead and stop (voluntarily–or if you’re in Maryland, because it’s the law, and if you’re in Illinois or California, because it is going to be the law). One way or the other, you will not be allowed to keep or continue this practice.

California is One Step Closer to Banning Employer Requests for Social Media Passwords

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As reported by the L.A. Times, California is one step closer to passing a law that would prevent employers from requiring job applicants and existing employees to provide their social media logins and passwords to their employer (or prospective employer).

I discussed this previously in conjunction with a post on SNOPA, a bill introduced in the United States House of Representatives that seeks to protect students and employees. It appears that California is moving ahead:

California is one step closer to becoming one of the first states to ban companies from asking job seekers and workers for their user names and passwords on Facebook and other social networking websites.

The state Assembly on Thursday passed a bill sponsored by Assemblywoman Nora Campos (D-San Jose) that would make anything workers designate as private on social networks off limits to employers. The bill, which passed the Assembly without a dissenting vote, now goes to the California Senate.

California’s legislation comes in the wake of Maryland’s new law (signed by the Governor on May 2, 2012), which was the first state to  to ban employers from requiring employees or job applicants to provide access to their social media accounts.

 

Marketing Your New Firm Without a Firm Website

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A while back, I wrote an article about marketing my new firm, Mumford West & Snow LLC, despite the fact that we didn’t have a “real” website. (I’m not sure Mumford West & Snow LLC has a real website at this point–but that is nothing more than an aside.)

Just recently, my partners and I got together with the partners of two other firms in Salt Lake City. After several discussions, we reached a conclusion: merger. In an anouncement of sorts, Rawson & Goff and Wasatch Advocates have merged with Mumford West & Snow to form: Mumford Rawson & Bates LLC. (And don’t worry, I’m still a partner–and I founding one at that–I just don’t get my name on the letterhead.)

But suddenly I face the same dilemma that confronted me when we started up Mumford West & Snow LLC. We are in the process of getting a website up and running but, in the meantime, how should I start marketing the new/merged firm? This question reminded me of a post I made back when Mumford West was just out of the incubator. Here are some refresher tips that I plan on implementing over the next few days (while we wait for our awesome new site to hit the Interwebs).

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Beginning in January (more or less), we started Mumford West & Snow, LLC. Now, if you visit the link to our website, you’ll quickly notice that we really don’t have one. On the priority list of starting a new firm, I guess the firm website ended up fairly low.

Side Note: This was probably a poor decision.

But the past is the past. The point of this post is to discuss how I have been able to market the new firm without a website. Initially, a good firm website is essential to all firms. It provides clients and potential clients with information they need to evaluate whether your background and experience fits their needs and whether it is worth contacting you. This is particularly true when it comes to referrals, and even more true when referrals are given multiple firms / lawyers to evaluate.

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While my new firm has been “settling in” (finalizing the firm name, marketing materials, logos, looking at bringing in some other attorneys, etc.), we have been waiting on creating a website. A lot goes into making a quality site and it isn’t something you want to have to repeat several times.

But we’re not completely in the dark. First of all, the firms that merged with us still have their websites up and running (as do we) and with phone numbers ported over, we (hopefully) are not missing many calls / inquiries. More important, at least for my practice, is my presence on Avvo.com, LinkedIn and Twitter (as well as Martindale and Facebook). Those “social” sites have picked up a lot of the marketing slack that normally would result from starting a firm without any place to send potential clients. For example, I can still point potential clients to publications and areas of expertise (even if they aren’t listed on my “firm” website):

http://www.socialmediaesq.com/about-2/

Ah yes, the power of the independent blog.I have been able to market myself and my firm through LinkedIn connections and a network of people that were willing to recommend both my abilities and me. I can point to my Twitter presence as an illustration of my efforts and my knowledge of the current state of the law and my ability to stay on top of the latest developments, particularly developments that may affect clients’ businesses or lawsuits.

One of my favorite sites (disclaimer: I am a guest blogger for them) is Avvo.com. As you can tell, I spend a lot of time managing my reputation on that site and contributing to the community:


Lawyer Tyson Snow | Top Attorney Litigation


I have been able to use Facebook to keep in touch with clients I consider friends. Most surprising, I have actually found several new clients through Facebook connections. All of them came through friends of friends who needed some legal advice or wanted to discuss some issues and things continued to progress from there (who knew Facebook chat could actually be productive). All of this without a website–the key component in establishing your firm in the legal marketplace.

The take-away: Have a website. Make it good. Update it frequently. That is where your potential clients are going to go first. But don’t assume that spending thousands of dollars on a killer website is the only solution. Content, connections, and a big footprint among the legal community (and the consumers associated with that community) are an important solution. This blog, my Avvo / Twitter / LinkedIn / Facebook accounts, and long-time presence in the social media world are proof of that. I have continued to successfully market and build a firm without the traditional “key” marketing component of a website. As the Washington Post recently pointed out, more and more, practitioners are seeing social media as a client development tool.

Make sure you are using all the tools that are available to you! How have you used social media as an alternative to your website marketing?

New Survey: 4 in 10 Firms Land New Clients Using Social Media

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Wow. Great article over at the ALM Press Room today: 4 in 10 Law Firms Report landing New Clients by Using Social Media, According to ALM Legal Intelligence Special Report.”

According to the ALM Legal Intelligence survey, 49% of U.S. law firms report that blogging and social media have resulted in lead generation and, even more surprising, 41% report that blogging and social media have helped them land actual work. That is a pretty good conversion / closing ratio if you ask me.

The survey was conducted in December 2011 and January 2012 with a sample of “180 law firm partners, marketing professionals and administrators.” Granted, the sample size could have been bigger and there may be some inherent bias in the reports from the marketing professionals, but the results are still impressive.

According to Kevin Iredell, Vice President of Research and Continuing Education at ALM:

The skepticism of a decade ago has given way to a growing appreciation for the ways that blogs and various other social media and networking tools can be deployed to help build the reputation of individual lawyers and practice groups, as well as enhance law firms’ overall marketing efforts.

Hear, hear Mr. Iredell. Hear hear! I have long been a champion of using blogs and social media to help lawyers establish credibility, hone their skills and expertise, and network with other professionals. It is great to see some objective data supporting the idea that blogging and social media engagement is netting positive results (for the record, I don’t consider blogging to be “social media” — blogging doesn’t involve interaction the same way social media does — blogging is like publishing a newsletter, only faster and easier). I always figured the results would start showing up; now they are.

If I were to guess, I would say that the “new work” is likely coming from blogs or LinkedIn. I still don’t see Twitter or Facebook as particularly good business development tools (although they are great for reputation management, keeping up on legal issues, creating a professional following, and spreading your name across the Interwebs). Many “big” firms have branched out and have practice-area specific blogs these days–by publicly displaying their expertise and knowledge, the firm essentially creates a scenario where potential clients come to the table knowing that the firm can fulfill their needs.

Another couple of interesting points:

  • Almost 85 percent of law firms now make use of social media and networking tools, such as LinkedIn, Facebook and Twitter. Just over 60 percent said their firms now maintain one or more blogs.
  • More than 40 percent said that blogs and social media networks have helped to increase the number of calls their firms receive from journalists in traditional and new media. Likewise, roughly the same number said their presence in the blogosphere and on social media networks had also increased the number of speaking invitations their lawyers receive.

Don’t underestimate the value of this last point. The value of having your name show up in the local newspaper (in a good way) or in a trade magazine cannot be measured. But trust me, it is high. Your credibility skyrockets in the community as the community begins to recognize your name and expertise in particular fields.

I recommend that all lawyers parlay their online social and blogging efforts into other arenas, whether it is the newspaper, industry blogs, seminars or webinars, or what have you. It reminds of an experience I had at my former firm. I had been interviewed for an article in Risk & Insurance about, obviously, social media risks. A week or two after the issue came out, one of the partners came down to my office and said, “How did you get quoted in Risk & Insurance–all insurance defense and insurance coverage lawyers read this.” I told him that I regularly write and tweet on the subject (he had no idea what a tweet was) and that I had done several interviews. He was impressed. Hopefully other subscribers were too.

Hopefully the ALM survey results will hit home. Legal consumers are savvier these days. They are looking up information about you, your practice, and your success. They have hundreds of options to choose from. Are you using blogs and social media to set yourself apart from the competition? If not, now is probably a good time to start.

Oh, and if you ever have an interview request, feel free to email me at tbs@mumfordwest.com. (I’m willing to risk all the spam I will receive from email address harvesters because I know that doing interviews and presentations is mutually beneficial for those involved and extends the exposure of your online presence.)