#RFTweet: And now for something completely different

Yesterday, Aloft Hotels officially ended their novel #RFTweet process. Most businesses vet PR agencies through a time- and paper-consuming Request for Proposal (RFP) process, one with which we have ample experience. We were game to try something new in the pursuit of a fun, new client.

If you follow @kimballpr on Twitter, you’ll notice that we aren’t hourly tweeters like many other agencies. Frankly, we’re busy writing and calling and posting and tweeting for our clients. But don’t let that lull you into think we can’t deploy our social media skills when necessary. We did what we’re best at, producing a thoughtful yet timely, multimedia-enhanced pitch. Even if we don’t get a call for the second round of vetting, this was a valuable exercise in practicing what we preach, namely:

  • Acting, not reacting, on social media
  • Incorporating video, photos and fun
  • Making use of evergreen content

See our Storify of the experience for the full story.

[View the story “#PitchAloft with Kimball PR” on Storify]

Can your employee social media policy stand up to court challenges?

jimdeane / Foter / CC BY-NC-ND

Social media policies have been tested in several recent high-profile cases. The case of Andrew Goldman, a freelance columnist for the New York Times Magazine, is almost notorious now. Goldman was suspended from the magazine for tweets to author Jennifer Weiner that were considered profane and sexist.

It’s hard to look away when such a venerable brand undergoes a minor disaster, and the issue has been discussed at length. Over at the Harvard Business Review blogs, Alexandra Samuel ponders whether or not an organization should have such a broad and vague social media policy as the Times does. After all, they claim that it isn’t even written down.

It turns out that such policies may not just be misguided, they may be illegal. In two recent court decisions, the National Labor Relations Board (NLRB) set precedents for what constitutes a legal social media policy. I’m certainly not a lawyer, but I’ll do my best to lay out the basics as it pertains to social media and PR professionals.

Protected and concerted

The first case concerned another major brand — Costco Wholesale. Part of a larger challenge of Costco’s employee handbook by UFCW Local 371, this case dubbed certain provisions against social media usage unlawful. In particular, the ruling stated that Costco cannot prohibit employees from posting “unauthorized” material while on company property. Also, the company’s employee handbook included broad statements prohibiting employees from using social media to discuss and debate pay, sick leave and what they thought about the company. Such prohibitions are apparently illegal under that National Labor Relations Act (NLRA), because such conversations (online or off) are considered “protected and concerted.”

The judge’s decision in the second case was a bit more nuanced. This case concerned a salesman at a car dealership who had been fired after posting two unflattering items about his employer. In the first, he posted a photo with a caption that criticized the dealership’s choice of food for an event, which led to subsequent comments by other employees. The judge deemed this discussion protected under the NLRA, and also understood that this was not why he was fired.

In another set of posts the same day, the salesman posted a photo of and sarcastic comments about a car accident at the neighboring car lot. He was apparently fired for the second set, which did not fall under the protection of the NLRA.

Still, in another case, the dealership was ordered to remove unlawful rules from its social media policy. The policy was deemed too broad and restrictive of employee communications, particularly where it concerned “courteous” language and not damaging the reputation of the dealership.

What’s in your social media policy?

Is this making you panic yet? After all, it seems that most social media policies list rules about not discussing sensitive issues like payroll or anything that will hurt the company’s image. Apparently, under the NLRA, this is illegal. Employees have a right to discuss hours, pay and other employment-related issues. And in both of these cases above, employers got in trouble with policies that were too broad and could be construed to restrict such “protected and concerted” discussions.

However, employers can ask that their employees follow appropriate laws when using social media. Posts that clearly constitute harassment and bullying are never okay and should never be condoned. Furthermore, employees must heed industry-specific laws when discussing their work online. This has been tested many times in the medical professions. Nurses and doctors have both been fired for posts that violate the privacy provisions of HIPAA. Financial sector employees can also be fired for violating industry-specific laws — and they may also face massive fines, as the recent case of a Citigroup analyst demonstrates.

Clearly, this is a far more complex issue than most business owners realize. So how do you write an enforceable, reasonable and legal social media policy? Here are five starting points:

  1. Start with your existing employee handbook and laws governing your industry. This will ensure that social media policies are consistent with current workplace culture and regulations.
  2. Engage employees in the process. Recruit employees who are active on social media to be involved in the development process. Provide social media training for everyone, to make sure that less tech-savvy employees understand enough to follow policies competently.
  3. Engage your lawyer in the process. This should go without saying, but not enough small businesses heed this advice.
  4. Keep your policy narrow. If the above examples tell us anything, it is that employers must be very specific about what behaviors are prohibited.
  5. Don’t put all your eggs in one basket. New social networks emerge and gain significant traction quite frequently. Do not base your entire policy around Facebook and Twitter.

For more information on developing quality social media policies Inc. has a great article, and Socialmedia.biz has an excellent guide. From where I sit, it seems a good place to begin is to encourage your employees to be safe, savvy and engaged participants in the social media sphere. Didactic, restrictive policies won’t necessarily protect your business or foster positive use of social media among your employees.

Photo credit: jimdeane / Foter / CC BY-NC-ND

PR: Unplugged and Untethered

Welcome to autumn: A time when public relations professionals and their clients return to their work-a-day worlds and business-not-so-casual apparel, all lamenting the return to “cube-ville” and the noticeable lack of sand beneath their collective flip flops.

But what if the flip-flops became career-chic? What if client meetings at the beach – or at least in a setting absent stuffy corporate culture – was the norm? What if you never went back to the office again?

It’s not that outlandish of a theory. Mobile technology has empowered employees with the ability to hold meetings and prepare documents using little more than a smartphone. Today’s technology increasingly promises to reduce or eliminate tomorrow’s commute.

Some PR agencies gather only a few times per week in the office for meetings while working from home for the rest of the time. Future generations in the communications field might not even set foot in a physical office if they can complete all work virtually.

Think about it. The virtual workplace would save on time, gas, coffee — and the priceless frustration of traffic or crowded subways.

Moreover, working remotely could actually increase employee engagement. That’s what Edinger Consulting Group founder, Scott Edinger, recently discovered. In his blog, Edinger wrote of feedback from an investment firm with which his firm worked that said employees were actually more engaged and committed while working outside their workplace than when they spent eight or more hours per day in the office.

While office employees are just doorways apart, remote employees who are motivated must work harder to reach out to and connect with their co-workers. This typically yields better results in terms of efficiency and focus. The email and phone encounters of remote workers tend to be more brief and direct, maximizing their time spent together.

Although working remotely might look good on paper as a time and money saver, there can be downsides. Entrepreneur Magazine points out in an article that a business’ valuable information, literally held in employees’ hands, can be hacked, stolen or lost in a moment.

However, as both personal and business matters increasingly move into the cloud, it’s reasonable to conclude employees working remotely will not significantly tip the scales of data security for businesses already operating in this space. Technical issues aside, the social aspect of office environments must not be overlooked. Beyond just getting out of the house (and your pajamas), it’s also about the interaction with co-workers and collaboration that can sometimes only result from face-to-face meetings and hallway conversations.

All that being said, if there is a sector of the workforce best positioned to lead the charge of remote workspaces it is public relations. Our work is defined by relationships, and we’ve been trained to overcome a wide range of barriers to forming those relationships. Whether we work to bridge the distance between cultures, generations, work environments or geography, public relations professionals are always striving to build relationships untethered from the barriers that might separate many others.

Sony’s Hacking Response: The Good, the Bad, the Vague

As you have probably heard, Sony has revealed that their customer databases have been hacked twice in the past month, potentially affecting users of their PlayStation Network, Qriocity and Sony Online Entertainment products. Not only have legions of gamers been dealing with a blackout of services that they pay for and fear that their credit card information may have been stolen – but Sony failed to inform them of this massive cyber attack for a week.

According to news reports, Sony learned that they had been hacked on April 19th, took down PlayStation Network service on the 20th, and told customers seven days later, on the 27th. Sony maintains that they were unaware of the breadth of the attack until much later, but I’m not sure that is a good reason for their failure to inform customers more quickly.

Sony gamers, internet security experts, and the odd politician are angry that Sony waited so long. From a PR perspective, the outlook is equally troubling. Sony had an opportunity to take control of the situation and keep this group of highly engaged customers as happy as possible considering the circumstances. Instead, they have turned a challenging situation into a major image problem.

However, I do think some of the lambasting from the press is unwarranted. Sony could have provided more information up front, but they have made great use of the PlayStation blog to consistently communicate with their customers, including lengthy customer Q&As. Of course, the content of that communication could have been better early on.

What do you think? Could Sony have communicated better about this security breach?

Predictions, Wishes and Thoughts on 2010

As we look ahead to 2010, how can public relations help a business grow? It is an interesting time as PR agencies and departments have slimmed down and limped through the recession. We’re now looking forward to an economic recovery and the massive changes that social media has made in how we do business.

With that in mind, here are five predictions, wishes and thoughts on how public relations will look in 2010.

  1. Social media will further blur lines between PR and marketing, as advertising agencies, PR agencies, brand consultancies and other marketing agencies all recommend and implement social media strategies. As a result, we may see in-house PR departments combine with marketing functions and their job responsibilities may become broader. More PR agencies may merge with ad agencies or form strategic partnerships with digital experts. Lines will keep blurring.
  2. As social media grows as part of public relations strategies, the focus will be on measuring return on investment. By 2009, most PR pros had jumped in with both feet, so 2010 will be the year to understand the impact of social media on sales, brands and image. I think PR pros will have to answer those questions or there will be backlash from company leaders who want to see ROI.
  3. Relationships will still matter. Relationships give PR pros the best chance of success in the industries where they have expertise. Online networking is a great way to broaden existing and develop new relationships, but lets not forget the personal (phone calls, meetings) relationships we have developed, cultivated and maintained for years. They still work.
  4. PR will grow in importance as the economy recovers. Just as consumers are being more careful with where they spend their dollars, businesses will look for the most cost-effective way to communicate their brand, improve their image and reach their audiences. PR is cost effective and I can see it taking budget dollars once spent on advertising. But the dollars will only go to those PR agencies and in-house staff who are industry experts, can adapt to new communications realities (social media) and demonstrate ROI.
  5. I saved the obvious for last: Social media will continue to be an increasingly important part of public relations. As tired as I am with seeing and hearing “social media” in every article, presentation, plan and conversation. PR pros need to keep learning and finding way to use it more effectively.

Happy New Year.