Discussions

How do you handle personal Facebook groups created by employees?

Posted by Mike Boehmer @mikeboehmer57, May 5, 2015

Looking for your experience with Facebook groups created by employees, specifically nurses. I’ve been made aware of such a group in one of our hospital markets. We’re told this mainly serves as an area for complaints, and that positive comments have even been deleted. It’s my understanding that the NLRB protects the rights of employees to have forums such as these. Just wondered how you handled. Thanks

I’m not a legal expert, Mike, but I’ve also heard that social media is protected speech for employees. Maybe @dangoldman can weigh in here. When I was working for a hospital employees would often share their concern about negative comments in Facebook pages or groups. My advice was for them to join the conversations and share their positive stories, of course without divulging any patient information.

Here are a few articles to review:
1) http://www.nlrb.gov/news-outreach/fact-sheets/nlrb-and-social-media
2) http://www.natlawreview.com/article/nlrb-continues-aggressive-crackdown-social-media-policies
3) http://www.emspring.com/sites/default/files/Sample-Legis-Brief-NLRB-Guidelines-for-Acceptable-Social-Media-Policies.pdf

Federal law prohibits an employer from interfering with employees who come together to discuss work-related issues for the purpose of collective bargaining or other mutual aid or protection, and the NLRB has (correctly) noted that social media has become one of the primary avenues through which employees engage in such activity. A spate of recent decisions makes clear that the NLRB has intensified (and will likely continue to intensify) its scrutiny of employer social media policies and this scrutiny extends no less to non-unionized employers.

Liked by Mike Boehmer

@jkennedy93

Here are a few articles to review:
1) http://www.nlrb.gov/news-outreach/fact-sheets/nlrb-and-social-media
2) http://www.natlawreview.com/article/nlrb-continues-aggressive-crackdown-social-media-policies
3) http://www.emspring.com/sites/default/files/Sample-Legis-Brief-NLRB-Guidelines-for-Acceptable-Social-Media-Policies.pdf

Federal law prohibits an employer from interfering with employees who come together to discuss work-related issues for the purpose of collective bargaining or other mutual aid or protection, and the NLRB has (correctly) noted that social media has become one of the primary avenues through which employees engage in such activity. A spate of recent decisions makes clear that the NLRB has intensified (and will likely continue to intensify) its scrutiny of employer social media policies and this scrutiny extends no less to non-unionized employers.

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This also brings up the question of having a BYOD (“Bring Your Own Device”) policy in your workplace. Does the Mayo address BYOD?

@HiveDan
@LeeAase

@jkennedy93

Here are a few articles to review:
1) http://www.nlrb.gov/news-outreach/fact-sheets/nlrb-and-social-media
2) http://www.natlawreview.com/article/nlrb-continues-aggressive-crackdown-social-media-policies
3) http://www.emspring.com/sites/default/files/Sample-Legis-Brief-NLRB-Guidelines-for-Acceptable-Social-Media-Policies.pdf

Federal law prohibits an employer from interfering with employees who come together to discuss work-related issues for the purpose of collective bargaining or other mutual aid or protection, and the NLRB has (correctly) noted that social media has become one of the primary avenues through which employees engage in such activity. A spate of recent decisions makes clear that the NLRB has intensified (and will likely continue to intensify) its scrutiny of employer social media policies and this scrutiny extends no less to non-unionized employers.

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For our MDs we provide a subsidy that would pay for an iPod touch so they can access our mobile medical record app via wifi. If they want to buy an iPhone instead, they can apply that amount toward the iPhone, but are responsible for monthly data charges.

Other employees can bring our own devices (smart phones/tablets) and connect to our employee wifi, which is separate from guest wifi for patients and visitors.

Liked by Janet Kennedy

@DanHinmon

I’m not a legal expert, Mike, but I’ve also heard that social media is protected speech for employees. Maybe @dangoldman can weigh in here. When I was working for a hospital employees would often share their concern about negative comments in Facebook pages or groups. My advice was for them to join the conversations and share their positive stories, of course without divulging any patient information.

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Yes…this would be a good one for @dharlow or @dangoldman

@jkennedy93

Here are a few articles to review:
1) http://www.nlrb.gov/news-outreach/fact-sheets/nlrb-and-social-media
2) http://www.natlawreview.com/article/nlrb-continues-aggressive-crackdown-social-media-policies
3) http://www.emspring.com/sites/default/files/Sample-Legis-Brief-NLRB-Guidelines-for-Acceptable-Social-Media-Policies.pdf

Federal law prohibits an employer from interfering with employees who come together to discuss work-related issues for the purpose of collective bargaining or other mutual aid or protection, and the NLRB has (correctly) noted that social media has become one of the primary avenues through which employees engage in such activity. A spate of recent decisions makes clear that the NLRB has intensified (and will likely continue to intensify) its scrutiny of employer social media policies and this scrutiny extends no less to non-unionized employers.

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No big written policy then? Is it incorporated into your SoMe policy? BTW – could you send me the email for Margaret Shepherd?

The NLRB cases are sort of all over the place. The general principle is that employers may not restrict employee communications with each other, or with others, via social media or otherwise, about conditions of employment (union shop or non-union shop). What that means, exactly, in any particular case is less clear. There are three official compilations of NLRB cases on the subject; the third one links to the first two. See: http://j.mp/1zFzqB4 (Of course, the validity of some of these is clouded by the courts’ invalidation of some Obama recess appointments. See my SMHN blog post about that issue here: http://j.mp/1H3TcJf . The Supremes have since upheld the lower court ruling.

@jkennedy93

Here are a few articles to review:
1) http://www.nlrb.gov/news-outreach/fact-sheets/nlrb-and-social-media
2) http://www.natlawreview.com/article/nlrb-continues-aggressive-crackdown-social-media-policies
3) http://www.emspring.com/sites/default/files/Sample-Legis-Brief-NLRB-Guidelines-for-Acceptable-Social-Media-Policies.pdf

Federal law prohibits an employer from interfering with employees who come together to discuss work-related issues for the purpose of collective bargaining or other mutual aid or protection, and the NLRB has (correctly) noted that social media has become one of the primary avenues through which employees engage in such activity. A spate of recent decisions makes clear that the NLRB has intensified (and will likely continue to intensify) its scrutiny of employer social media policies and this scrutiny extends no less to non-unionized employers.

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Margaret is Shepard.Margaret@mayo.edu

It’s an element of our Portable Computing and Telecommunications Devices Policy

Here are some of the highlights:

Text Messaging Mayo Confidential Business Information is not allowed.

Any portable device that accesses or displays Mayo Confidential Business Information must employ device-level user authentication and comply with the Portable Computing and Communication Device Security Standards.

Any portable device that stores Mayo Confidential Business Information must employ device-level data Encryption.

All smartphone and tablet devices that connect to Mayo Clinic networks or systems (including email) must be managed by Mayo Clinic’s Mobile Device Management (MDM) system. The MDM system may implement or enforce the following, based upon device ownership:

Mayo Clinic Owned Device

Require the installation of security and/or management-related software on the device.

Perform an inventory of all applications and data on the device.

Block installation or remove suspicious applications.

Perform a complete wipe of the device without notice in the event of a security threat, violation of policy, or report of a lost device.

Personally Owned Device

Require the installation of security and/or management-related software on the device.

Perform an inventory of business-related applications and data on the device. Examples include email and internally developed Mayo Clinic applications. Personal applications loaded via an external app store will not be inventoried or managed.

Block “Jailbroken” or other similarly configured devices from accessing the Mayo Clinic network.

Block access to Mayo Clinic computing resources and/or perform a wipe of applications and data located on the device without notice in the event of a security threat, violation of policy, or report of a lost device.

Users are responsible to protect devices entrusted to their care. Storing devices out of sight, locking them in desk drawers or cabinets, and using cable locks are suggested theft reduction controls.

Portable Computing Devices shall remain under the user’s control while traveling.

Users are responsible to immediately report all lost or stolen devices, including personally-owned devices configured to connect to the Mayo Clinic network.

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The basic idea is that personally owned devices need to be logged with our IT group so that if they are lost or stolen they can have data wiped.

Hope this helps.

Liked by Janet Kennedy

Just found this article today that directly applies to this topic: Workers rights on social media extend farther than some might think. http://www.post-gazette.com/business/career-workplace/2015/05/10/Workers-rights-on-social-media-extend-farther-than-some-might-think/stories/201505100069

Liked by Mike Boehmer

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