NLRB Reduces Rights of Employee Union Advocates to Use Employer Email
The National Labor Relations Board recently issued a decision severely limiting the rights of employee union advocates to use employer email to conduct solicitations of fellow employees. What the new decision means is that employers can safely prohibit all non-work related email solicitations by employees even if union related. For the text of the decision follow this link to The Guard Publishing Company d/b/a The Register-Guard and Eugene Newspaper Guild, CWA Local 37194.
For more commentary by fellow Lexbloggers see:
- Michael Moore's commentary on the Pennsylvania Employment Law Blog
- Christopher Onstott's commentary on the California Labor & Employment Law Blog
Technology & Data Security From the Inside
Most of the time we're worried about hackers getting into our computer system from the outside. Here's an interesting but scary story about a disgruntled employee who wiped out ALL of her company's data files because she thought her boss was trying to replace her. This spiteful act should make every HR manager and employment lawyer pause for a moment and think about data security. Maybe it's time to review your practices?
Posted By Diane Pfadenhauer In Miscellaneous , Policies & Procedures | Permalink
IRS Mileage Rate Increases to 50.5 Cents for 2008
The IRS today announced that the standard mileage reimbursement rate for employees who use their own cars for business purposes will rise to 50.5 cents per mile in 2008. Follow this link to the IRS 2008 Mileage Press Release.
USCIS Accounces Requirement to Use New I-9 Form
The US Customs and Immigration Services issued an announcement today that employers must begin using the new I-9 Form by December 26th of this year.
Follow this link to the USCIS Press Release: USCIS Reminds Employers to Transition to New Employment Eligibility Verification Form by Dec. 26, 2007
Follow this link to the new I-9 form: I-9 Employment Eligibility Verification
Posted By Diane Pfadenhauer In Policies & Procedures | Permalink
Proving Dependent Status for Benefits Coverage
Something I've heard a fair amount about lately is the policy of some employers to require proof that an employee's spouse/child is really a dependent before he/she can be added to benefits plans. In addition, some employers are going a step further to conduct audits of plans in their entirety and require participants to dig out social security cards, marriage certificates, etc. in order to prove dependent status for participation in health plans.
According to this article, audits are conducted in a variety of ways.
- Some companies start with an amnesty program, permitting workers to quietly remove those who don't belong on the plan.
- The employers will take step of requiring workers to submit proof of eligibility before family members can remain on the plan.
- Some audits have all workers fill out a questionnaire about dependents but only later collect documentation from a random sample.
Here's the kicker:
5 percent to 10 percent of dependents will come off the rolls after an audit, including those dropped because workers didn't submit the paperwork. Some companies with more generous benefits plans have seen 20 percent of dependents dropped.
E-Verify Picking Up Steam
The US Citizenship and Immigration Services (USCIS) recently issued a Fact Sheet Discussing the E-verify system - an internet based system established between the Department of Homeland Security and the Social Security Administration that is intended to help employers verify the employment eligibility of workers.
The basic idea of the system is for employers to be able to verify the information contained in documents submitted for I-9 purposes. It recently added the ability to verify photographs as well.
While participation is now voluntary, employers will need to register for the program in order to use it. In addition, it's possible that all government contracts will need to use it some day.
Posted By Diane Pfadenhauer In Policies & Procedures | Permalink
Thanks to Technology, Workplace Gossip Flourishes
Years ago, the water cooler or the company break room/cafeteria was the place their employees got their information - typically in the form of gossip. Now, with the proliferation of technology in the workplace - through instant messaging, PDA's cell phones, email, etc. - workplace gossip has the capability of traveling more furiously and faster. This article claims that employees get their dirt from:
- the office break room (36%),
- at a co-worker's desk, workstation or office (33%),
- through e-mail or instant messaging (10%).
- only 1% of employees say they head to the water cooler to learn what's really going on.
Article on Plant Closings and the WARN Act
I recently authored an article on Plant Closings and the WARN Act. All too often, we think about bare bones compliance and fail to see the need to engage remaining or transitioning employees in the process of closing a facility. This article, Beyond the Warn Notice: Getting to the Tipping Point and Beyond, appeared in the July/August issue of Human Resources Advisor Journal (published by Thomson West).
Perhaps some recent employers in the news with significant layoffs could learn a thing or two...
Posted By Diane Pfadenhauer In Corporate Turnaround , Employee Relations , Employment Law , HR Strategy , Policies & Procedures | Permalink
Lack of Trust in Telecommuting
A recent article on the SHRM website discusses a recent survey of executives that reveals that many executives distrust telecommuting. There appears to be conflicting studies - some of which support telecommuting and the one discussed by SHRM that casts doubt upon it:
Nearly one-third, or 31 percent, said their organizations are concerned about document safety regarding telecommuting. Fears of lowered productivity and trust issues were close behind, at 27 percent and 25 percent, respectively.
Seems that there are still several perceptions out there that prevent some from embracing telecommuting:
- The idea that it's a perk. It's NOT a perk. It is something that is used when appropriate for a given organizational culture, and a job whose design makes it a viable alternative.
- Security is an issue. Why not take all that money you are saving in real estate costs and put it into data security? There are plenty of companies that have figured out how to operate major functions virtually with a little creativity.
- Workers' Compensation. Why not come up with a policy to deal with potential problems in this area rather than presuming it can't work?
- Are people actually working? There we go with that face time problem again. Certainly, while all jobs are not appropriate for telecommuting, if we evaluate employees on face time, we're missing the whole point. We should be evaluating employees on results and effectiveness, not how much we saw their faces.
- It's not as effective - I hear this all the time when I teach online classes. The fact of the matter is that there are plenty of students who fall asleep in class, just like there are employees who don't accomplish much on a given day in the office. I'd rather have an employee or student who is fully engaged regardless of the setting, than one who just shows up to show their face!
EEOC Interested in Employer Testing and Screening Procedures
The EEOC recently held a public meeting to discuss employer testing and screening procedures, which they note are on the rise. According to the press release:
“Today employers commonly use a range of employment tests and other screening tools to make hiring, promotion, termination or other employment decisions,” said EEOC Chair Naomi C. Earp. “With the growth of technology, buttressed by post-9/11 security concerns, it is important that employers review their applicant selection procedures to ensure they are non-discriminatory.”
Discussion topics included:
- written tests
- criminal and credit histories as a basis for selection
- medical exclusions in hiring
- employer best practices
- the increased use of personality and integrity tests.
"Following an EEOC determination that the city’s use of the examinations violated Title VII, the Justice Department conducted its own investigation and determined that the city’s use of the [written] examinations also constituted a pattern or practice of discrimination against both black and Hispanic applicants."Posted By Diane Pfadenhauer In Employment Law , Policies & Procedures , Staffing, Recruitment, Selection | Permalink
Being Too Connected
I'm still in disbelief over all of the press lately about text messaging while driving. Apparently, it's a larger problem than I thought. According to a recent article in the New York Times, several states have enacted legislation or are in the process of outlawing "DWT" or "Driving While Texting." Seems that too many of our fellow drivers can't keep their hands off of their cell phone text messaging features while they are cruising. According to the article, a driver, fixated on his BlackBerry, slammed his van into the car in front of him, causing a five-vehicle pileup, thus prompting the state of Washington to enact the DWT legislation.
This reminds me of one of my pet peeves about cell phones and driving. We have a hands-free law here in New York, which, in my observations, is largely ignored. I routinely see drivers yammering away on their cell phones, holding them up to their ears. What's most ridiculous, however, are the drivers that think they are complying when they use the speaker feature of their phones, hold them about a foot away from their heads and yell into them. Somehow, I don't think this is what our legislators envisioned when they wrote the "hands-free" law. Do you think these drivers ever heard of a headset????
Hopefully, this will prompt everyone to review their technology, cell phone and related policies to make sure employees are engaging in this dangerous behavior.
10 Things to Remember if You have to Fire Someone
D. Jill Pugh over at Employee Handbooks has prepared a succinct list of 10 things to remember if you have to terminate someone. If, we could only get everyone to follow these tips, there'd be a lot less turmoil surrounding terminations. Take it away Jill!
Posted By Diane Pfadenhauer In Policies & Procedures 1 Comments | Permalink
Another Background Check Blunder
Here's another for the record books. The dean of admissions at MIT has resigned because she allegedly lied about having a college degree. Well, actually THREE of them. I've seen a few articles on this over the past week. Someone even said that they couldn't believe that she spent such little time in college - she was so smart. Well, if she was so smart, do you think she could have come clean? finished her degree? fessed up? not lied to begin with? instead of living a lie for all of those years?
This stuff always annoys me. There were probably plenty of other qualified people over the years that she competed with and took jobs away from. The Background Checks Blog raises an interesting point here. Even though she joined MIT in 1978, she didn't become dean until 1997. Why didn't they conduct a background check as a standard practice when considering her for promotion? The school could have avoided all of this embarassment.
The Importance of Perception in Administering HR Policies
According to a recent survey, Black and Hispanic employees are less likely to believe that that job performance is the most important reason for advancement in their workplaces, attributing advancement to factors such as "who you know" and "seniority."
So, even if the employer works hard to make sure that the system is administered fairly, it's won't help if the employees don't believe it. It's just like the workplace investigation that the employer conducts, in an attempt to find the facts, that the employees believe is a sham to cover up wrong doing.
Lesson to be learned: Part of the administration of any policy is an understanding by all employee sectors of the fairness of the policy and communicating with the skeptics so that an employer's good intentions are not for naught.
Employee Fraternization Policies Held to Violate the NLRA
The bloggers at Sheppard Mullin have a well written post discussing a recent D.C. Circuit Court opinion on the subject of non-fraternization policies. Many employers implement these polices as part of their efforts to reduce sexual harassment claims in the workplace. Unfortunately, a broad policy statement in a sexual harassment policy can result in a conflict with the National Labor Relations Board - whether you have a union or not!
In it's discussion, they note that:
Employees were not permitted to "fraternize on or off duty, date or become overly friendly with the client's employees or with co-employees." A local union challenged Guardsmark's "fraternization rule" on the grounds that it discouraged protected labor activity—such as the right to join a union or bargain collectively—in violation of section 8(a)(1) of the NLRA, by prohibiting employees from meeting with each other to discuss the terms and conditions of employment. The National Labor Relations Board sided with Guardsmark. The Board found that Guardsmark employees reasonably understood that the non-fraternization rule was designed solely to prohibit interpersonal relationships that could compromise a security guard's judgment and, therefore, did not preclude protected labor activity.The Court of Appeals for the District of Columbia disagreed, and held that the plain language of Guardsmark's "fraternization rule" could be reasonably interpreted as prohibiting protected activity.
Follow this link for Sheppard Mullin's thorough discussion on non-fraternization policies, and the NLRA.
Working Under the Influence of Alcohol
According to a research study by the University of Buffalo, approximately 15% of the workforce is working under the influence of alcohol on the job.
The Research Institute on Addictions has studied addictions since 1970 and a research center of the University at Buffalo since 1999.
Those interviewed were asked:
- how often during the previous year they drank alcohol within two hours of reporting to work and how oftern they drank during the workday, worked under the influence or worked with a hangover
Based on those responses, the study estimates that:
- 2.3 million workers (1.8 percent of the workforce) have consumed alcohol at least once before coming to work
- 8.9 million workers (7.1 percent of the workforce) have drank alcohol at least once during the workday.
- 2.1 million workers (1.7 percent of the workforce) worked under the influence of alcohol
- 11.6 million workers (9.2 percent of the workforce) worked with a hangover
Some additional findings:
- workplace alcohol use and impairment was more prevalent among men compared to women.
- working under the influence of alcohol or with a hangover was more prevalent among younger workers compared to older workers and among unmarried workers compared to married workers.
- among the broad occupation groups showing the highest rates of workplace alcohol use and impairment were the management occupations, sales occupations, arts/entertainment/sports/media occupations, food preparation and serving occupations, and building and grounds maintenance occupations.
- workers on the evening shift and night shift and those working a nonstandard shift involving irregular or flexible work hours were more likely to report drinking before coming to work compared to workers on a regular day shift. Those working a nonstandard shift were also more likely to use alcohol during the workday and report being at work under the influence of alcohol.
March Madness and the Workplace
We are now in the throes of March Madness, where the final 64 teams in College basketball play throughout the next few weeks until only one emerges at the top of the heap. While flipping through the latest edition of Time Magazine a few interesting statistics were quoted:
- According to the FBI, the amount wagered on the NCAA men's basketball tournament this year will be $2.5 Billion.
- The estimated loss of productivity in the workplace for American employers will be $1.2 million.
Take a look. Posted By Diane Pfadenhauer In Policies & Procedures , Trends | Permalink
New OSHA Guidance on Dealing With an Influenza Pandemic
OSHA has recently issued guidance on preparing the workplace for an influenza pandemic
The guidance discusses:
- The Difference Between Seasonal, Pandemic Influenza and Avian Influenza
- How a Severe Pandemic Influenza Could Affect Workplaces
- How Influenza Can Spread Between People
- How to Maintain Operations During a Pandemic
- How Organizations Can Protect Their Employees
- Steps Every Employer Can Take to Reduce the Risk of Exposure to Pandemic Influenza in Their Workplace
- What Employees Living Abroad or Who Travel Internationally for Work Should Know
Consistency in Background Checks
According to a recent news article, an applicant with eight misdemeanor convictions in one state, an arrest warrant in another on a crack cocaine possession charge and an indictment for negligent vehicular homicide with DUI and heroin possession charges somehow managed to get a job coaching teenage boys. How did this happen - the organization failed to follow its background checks policies and procedures consistently. The applicant apparently did not return the paperwork necessary for the completion of the criminal investigation, the hiring process went on without it and, guess what? He got the job.
Lesson to be learned? If you set up all of these policies to protect yourself follow them consistently.
Thanks to the Background Checks Blog for bringing this to our attention.
Monday's Super Bowl Flu
Supposedly, our workplaces will experience a greater rate of absenteeism Monday as a result of the Super Bowl game on Sunday. I'd be curious to see if any of you find this to be true.
Posted By Diane Pfadenhauer In Policies & Procedures | Permalink
Those Who Work at Home
The Workers' Comp Insider highlights the important subject of workers who work out of their homes. Two issues - independent contractor or employee status and workers; compensation - are subjects that can trip up the unwary employer.
All too often, it is not uncommon for an employer to consider someone working at home to be an independent contractor. They don't work on the employer's premises, they most likely operate independently, and the employer may feel as though they have little control over them. Unfortunately, however, many times these individuals will meet the status of an employees. The WC Insider identifies a list of best practices for employers to consider before the individual starts work. Things to include:
- develop time sheets which document hours on task (these can usually be incorporated into the log on /log off process)
- require approval for any proposed overtime
- set ergonomic standards for at-home workstations
- clarify in writing the benefits available to at home workers, including travel reimbursement, sick leave and severance pay
- outline the explicit criteria for exempt and non-exempt employees, so the at-home worker understands his or her status
Last but not least, the Insider discusses the perils of not addressing Workers’ Compensation issues for those working at home, noting:
“Employees are covered by workers comp while they are "in the course and scope of employment." In other words, they are covered while working at home, even if they set their own hours and despite the fact that they have no direct supervisors. This raises some intriguing issues: what if I slip and fall or trip over a box in my home office? What if my work station is ergonomically risky? What if I burn myself making a cup of coffee? What do I report to my manager and how?”
Add this to your list of things to address.
Posted By Diane Pfadenhauer In Policies & Procedures | Permalink
Direct Deposit - How Uncle Sam Can Encourage Employees to Use It
Employers often struggle with how to encourage employees to use direct deposit. While some states permit mandatory direct deposit, there are many other states which do not. Now, Uncle Sam wants to encourage your employees to use it. Why? Because when they retire, the Social Security Administration wants them to accept direct deposit of their social security payments. Seems that Baby Boomers are less likely than their younger counterparts to enroll in direct deposit or to use online banking. According to Treasury Department officials, 98% of problems with social security payments occur with paper checks. The Treasury and Federal Reserve Banks have established a website godirect.gov to enable recipients to enroll in direct deposit of their government checks. This website also describes the advantages of direct deposit - so let the government help you encourage employees to use direct deposit.
ADR Policies - Hot Off the Press
I recently received a PDF copy of an article I wrote for HR Advisor Journal (Thomson-West) entitled Dispute Resolution Programs: Design Considerations and Alternatives. The thought process behind this article originated last summer when I spoke at a conference in London on alternative dispute resolution. The conference, which was well attended by the legal community, was obviously focused on many of the legal issues concerning ADR including and well beyond the workplace. My presentation was based on the idea that we, as lawyers, tend to view may workplace concepts very narrowly - that is, focused solely on the law, compliance and representing our clients. In fact, I see this all of the time when I speak to ardent employment lawyers who think that human resources isn't actually a profession, but something they or anyone else can do. When that happens, the result is an "over-lawyered" policy that most employees can't understand, that has little value to the organization other than compliance and does little to promote organizational effectiveness and employee engagement. So for some light reading (well, not really), feel free to take a look. I've also added it to the sidebar on the left under Diane's Articles.
Posted By Diane Pfadenhauer In Policies & Procedures | Permalink
Mileage Reimbursement Rates for 2007
The IRS recently announced the mileage reimbursement rates for 2007. Beginning Jan. 1, 2007, the standard mileage rates for the use of a car (including vans, pickups or panel trucks) will be:
- 48.5 cents per mile for business miles driven;
- 20 cents per mile driven for medical or moving purposes; and
- 14 cents per mile driven in service to a charitable organization.
Thanks to the folks at Shaw Valenza for reminding me of this. Posted By Diane Pfadenhauer In Policies & Procedures , Trends | Permalink
OSHA Avian Flu Guidance
The Occupational Safety and Health Administration has issued new guidelines for employers on how to prepare for an avian flu pandemic. The guidance is intended to update OSHA's original guidelines issues in 2004. There are not separate recommendations for poultry employees and those who handle other animals, and for laboratory employees, health care personnel, food handlers, travelers, and U.S. employees stationed abroad. The primary focus is on good hygiene, including use of gloves and hand washing, as well as respiratory protection for those who work with infected animals or individuals.
The guidance also includes links to helpful Web sites with additional information, and a list of technical articles and resources, including a history on flu pandemics, symptoms and outcomes of various strains of the avian flu, a summary of the bird importation regulations, and details on the transmission of the virus.
It's Party Time!
It looks like more and more companies are planning holiday parties for this year.
"Ninety-four percent of businesses are planning a holiday celebration this year, up from 87 percent in 2005. Meanwhile, holiday "spirits" may be more common at company holiday celebrations this year, as 86 percent of businesses are planning to serve alcohol, up from 75 percent last year."
According to BLR, quoting a survey on holiday parties:
* 77 percent of holiday celebrations will be held off site
* 74 percent will be evening events
* 52 percent will be limited to employees only
* 37 percent will include spouses of employees
Now is the time to see if your company is up to snuff!
Starbucks - The Latest Company Missing Laptops With Confidential Data
Starbucks recently announced that two laptops containing confidential information on 60,000 employees and independent contractors have been missing from its corporate headquarters. Notwithstanding the loss, Starbucks deserves an accolade for sending letters to the 60,000 affected persons and has offered free credit monitoring to all of them. On the contrary, however, is the mention that the laptops were stolen from a closet and, allegedly, the files were password protected. So, why were laptops with confidential information on 60,000 people sitting in a closet? We'll let Starbucks answer that.
This makes me think of the obvious. I am sure that there must be some study out there that supports the premise that most people probably become victims of identity theft not because of dumpster diving, but from the theft of data held by corporations. So then why am I shredding all that stuff at home?
Posted By Diane Pfadenhauer In Policies & Procedures | Permalink
New New York Law Protects Privacy of Social Security Numbers
The new Consumer Communication Records Privacy Act places limits on the use and disclosure of Social Security account numbers, and clarifies what is considered a computer crime.
The new law is actually comprised of three different laws and protects consumers by:
- prohibiting the sale, fraudulent transfer, or solicitation of a consumers telephone records without consent from the consumer.
- placing limits on the use and dissemination of this Social Security numbers – it,
- prohibits the intentional communication of an individual’s SSN to the general public;
- restricts businesses’ ability to print an individual’s SSN on mailings or on any card or tag required to access products, services, or benefits;
- prohibits businesses from requiring an individual to transmit his or her encrypted SSN over the Internet; and
- requires businesses that possess Social Security Numbers to implement appropriate safeguards and limit unnecessary employee access to them.
- New York State’s Penal Law has been revised as it pertains to the unauthorized use of computers. This law strengthens existing law to allow for the prosecution of those who intentionally disrupt, steal personal information, and plant malicious programs on consumer’s computers without authorization.
- The Security Freeze Law - which allows consumers, who are either identity theft victims or are concerned that they might be at risk of having their identities stolen, to cut off an identity thief's access to credit, loans, leases, goods and services by placing a “freeze” on their consumer credit report.
- The Disposal of Personal Records Law - requires any business to properly dispose of records containing personal information through one of the following means: shredding, destruction, modification, or other reasonable action to ensure that no unauthorized person will have access to the personal information.
- The Anti-Phishing Act of 2006 - prohibits the deceptive solicitation of personal information through electronic communications. “Phishing” accounts for nearly 25% of all Internet fraud.
For the actual text of the new law, go here.
Drug Free Work Week
The US Department of Labor is promoting October 16 - 22 as the first Drug Free Work Week. The DOL's website provides a host of links and other resources on the following and related topics:
•How to Implement a Drug-Free Workplace ProgramPosted By Diane Pfadenhauer In Policies & Procedures | Permalink
•Promoting your Drug-Free Workplace Program
•Train supervisors
•Educate workers
•Remind employees about the availability of EAP services
•Offer health screening
•Publicize available community treatment resources
•Review your health insurance policy
•Allow employees time to volunteer in community drug prevention efforts.
•Create a Drug-Free Workplace Display
•Feature Drug-Free Work Week in the employee newsletter or Intranet
•Distribute a payroll message listing helplines or a reminder about Drug-Free Work Week for employees
•Hold a social event celebrating safety and health
Perils of the Graveyard Shift
The number of workers working the graveyard shift - between midnight and 8:00 am - is on the rise. The next time you run off to work in the morning to pick up that bagel, remember the person who was up all night so that you could have your morning meal. While many work the graveyard shift out of convenience, such as to accommodate family needs, it is not without its challenges. According to this Newsday article, the graveyard shift is often not as easy as we day workers might conclude:
- The divorce rate for night-shift workers is as much as six times higher than the rest of the population.
- Late shift work often leaves children without chaperones as children are often unsupervised by a sleeping parent.
- Even if night workers do get sufficient sleep, their sleep is of less quality than those of us who sleep at night. Because of our natural circadian rhythms, our body expects to sleep at night. When we reverse it, we may sleep, but not as deeply.
- Sleep apnea is twice as prevalent among night shift workers than the general population
- Night workers are 20% more likely to suffer a severe accident at work.
- 24 hours of sleep deprivation is equivalent to a blood alcohol level of .10.
- Some studies show a higher rate of cancer, heart disease, and gastrointestinal disorders.
HR 101 - How NOT to Fire Your Employees
Radio Shack recently announced that it would layoff about 400 employees. Now word is out that it decided to notify those affected via email. Yup, that's right. They sent emails to the affected employees telling them they were fired. According to an article in USA Today, the email contained the following language:
"The workforce reduction notification is currently in progress...unfortunately your position is one that has been eliminated."
So what happened to "we're sorry to see you go; this is a difficult decision; thanks for all of your hard work?" What about the telephone? This is actually a store that sells them, so I can't imagine they don't have them! Couldn't they spend a few minutes calling every employee? Seems to me that's the very least they could have done. So where is their HR leadership and how did this happen?
Disaster Preparedness - Planning for The Next Hurricane
With the height of the hurricane season upon us, employers should be considering strategies to deal effectively with business disruptions and other disasters. Employers must have a plan - I've been through things as advanced planning for a possible earthquake in LA (which thankfully never happened), dealing with the "big" blackout in the Northeast from 2003 (and trying to figure out how employees could best get home in a 90 degree plus heat wave), floods along the Ohio River which destroyed businesses and homes, other major power outages, and, of course, 9/11.
After visiting New Orleans last year to help out in the aftermath of Katrina, this type of planning was really driven home for me. The folks at Jones Walker (the largest law firm in Louisiana) have prepared an article entitled Disaster Preparedness and Response: An Employer's Checklist which provides details of the the thing you should be thinking about. We all know that when the disaster occurs, everyone turns to human resources. It shouldn't matter if you are not on the east coast or not in a big city, take a look anyway and have a plan. And, although sadly I have seen some in management dismiss the idea of having a comprehensive plan, you should still have your ducks in a row.
Some of their recommendations, which I have simplified here, include:
Before the Crisis:
- Put your plan in writing and disseminate it to all employees.
- When warning systems are in place for a potential disaster include a time line in your plan for certain preparatory tasks to be completed. Conduct drills regularly to prepare employees for the real thing.
- When you establish your time line for workplace preparation and closure, consider that employees will need to prepare their families and take care of personal matters as well.
- In advance, establish a communication plan that will work regardless of the nature of the disaster.
- Identify critical employees and make sure they understand what’s expected of them
during a disaster. - Develop a plan to allow your payroll, benefits, and HR functions to continue during and after a disaster or during any period in which access to your workplace is restricted.
- If employees will have to return to your workplace to assist in the recovery process obtain an adequate supply of water, nonperishable food, first-aid supplies, generators, cleaning supplies, batteries, flashlights, and other necessities.
- Update your employee contact information regularly and at the beginning of any season
during which natural disasters are more likely. - Consult with your labor attorney about pay practices that are applicable during and after a disaster.
- If you have a large number of employees or multiple work sites, consider establishing a recovery team or core group of employees responsible for specific work sites or specific
tasks. - Arrange a meeting or conference with executives, department heads, and key managers in advance to review your plan and identify any areas that need adjustment or improvement.
After the Crisis:
- Designate one or more employees as soon as possible to be responsible for receiving calls, e-mails, and messages from employees and collecting information about their whereabouts and plans and to communicate important information and updates about your business to your workers.
- Keep your company’s leadership visible and stay firmly in charge.
- Give your employees the tools and time they need to tend to their personal affairs after a disaster
- Organize community relief or other charitable efforts and allow your employees to participate.
- Following a disaster, identify your plan’s successes and failures, and work together to build a better plan for the future.
This is a great list, but always remember that flexibility is key in such uncertainty.
Posted By Diane Pfadenhauer In Policies & Procedures | Permalink
More on Cellular Phone Safety While Driving
If this doesn't make one reevaluate cell phone policies, nothing will. A study by the University of Utah concluded that drivers talking on their cellular phones are more dangerous than drunk drivers. When undergoing several driving tests, the cellular users performed worse than legally drunk drivers.
Compare:
The cell phone users - drove slightly slower (whether hands-free or not), were 9 percent slower to hit the brakes, displayed 24 percent more variation in following distance as their attention switched between driving and conversing, were 19 percent slower to resume normal speed after braking and were more likely to crash.
The legally drunk drivers (with a blood alcohol level of .08) - followed cars more closely and braked later and more forcefully than other test groups, but they did not have higher accident rates than normal drivers.
Thanks to folks at Whatnot At Work for bringing this to our attention.
Posted By Diane Pfadenhauer In Policies & Procedures | Permalink
Part Time and/or Flexible Work Hours - A Growing Trend or Thing of the Past?
Newsday had an interesting article discussing the continuing firestorm surrounding the Nassau County District Attorney's recent mandate that all part time employees either beging working full time or resign. For those of you who have not been following this story, Kathleen Rice, Nassau's recently elected D.A. issued this mandate fairly recently claiming that since criminals don't work part time, her ADA's shouldn't either. She's been taking quite a few pot shots because of this. As a single person with no children, she's been accused of not appreciating the issues concerning working mothers. She also made the decision to change this long standing policy of her predecessor which permitted part time work - a policy that for all intents and purposes seemed to work.
I spoke to Carrie Mason-Draffen at Newsday last week who was writing an article on the subject and shared my views (some of which she kindly quoted at the end of the article). Seems to me that many law firms have adapted quite nicely to the concept of employees working part time. In fact, the article discusses one law firm here on Long Island that recegnizes many of the benefits. Bottom line - flexibility is something that employers will need to provide more of not less!
Posted By Diane Pfadenhauer In Policies & Procedures , Trends | Permalink
The Benefits of Effective Employee Communication
Often effective communication with employees is touted as advantageous, beneficial,and the stuff that makes the warm and fuzzy types happy. The 2005/2006 Watson Wyatt Communication ROI Study™ shows that effective communication is a leading indicator of an organization’s financial performance. Some of the findings:
- Companies that communicate effectively have a 19.4 percent higher market premium than companies that do not.
- Shareholder returns for organizations with the most effective communication were over 57 percent higher over the last five years (2000-2004) than were returns for firms with less effective communication.
- The 2005/2006 study found evidence that communication effectiveness is a leading indicator of financial performance.
- Firms that communicate effectively are 4.5 times more likely to report high levels of employee engagement versus firms that communicate less effectively.
- Companies that are highly effective communicators are 20 percent more likely to report lower turnover rates than their peers.
- Two-thirds of the firms with high levels of communication effectiveness are asking their managers to take on a greater share of the communication responsibility, but few are giving them the tools and training to be successful.
- Global firms are not customizing their messages to meet local needs or cultural sensitivities.
- On average, firms within the financial and retail trade sectors rank among the most effective communicators. Health care, basic materials, telecommunications and other service companies rank among the least effective communicators.
I've gotten on the communication bandwagon myself, having written a few articles on the subject in the context of corporate turnaround and mergers/acquisitions. See the sidebar on the left for some of these.
Thanks to the Human Resources Blog.
Posted By Diane Pfadenhauer In Corporate Turnaround , Employee Relations , Mergers and Acquisitions , Policies & Procedures | Permalink
A Step Backward for Telecommuting
The IT people at Hewlett Packard are taking a giant step backward by eliminating the option to work form home for all IT employees. The idea here seems to go back to the old "face time" requirement. If you aren't in the office, you're not really working. Seems to me that Hewlett Packard should be at least progressive enough to recognize the benefits of telecommuting (notwithstanding the fact that gas is running about $3.25 for regular here in my hometown and a recent survey shows an need for an increase telecommuting, not less). Also, they fail to recognize something vitally important - just because you are in the office doesn't mean you are actually working. I thought we were getting away from the idea of face time as a measure of productivity!
Thanks to the HR Marketer Blog for their thoughtful commentary.
Posted By Diane Pfadenhauer In Policies & Procedures , Staffing, Recruitment, Selection | Permalink
More on Stolen Laptops and Data Security
The laptop stolen from a Veteran's Affairs employee's home has been found by the FBI with its data intact and without tampering according to an article in the New York Times.
"The records included names, dates of birth and Social Security numbers for millions of people, although the exact number has not been clear. At first, the department said information on 26.5 million veterans was affected. Later, it said the number included forces on active duty, as well as veterans. Last week, the agency lowered the number of people at risk to 17.5 million, saying the earlier estimate had not taken into account deaths and duplication of records."
In the mean time, the Wall Street Journal (registration required) reported on the growing trend for organizations to monitor laptops, their whereabouts and their security. Included in these activities are:
- More restrictions on who can take secure data out of the office
- Training on how to keep data secure
- Boeing requires that laptops be physically locked with a cable to a stationary object at all times including in cars, offices and conference rooms
- Restricting the use of employee-owned personal digital assistants that link to an employer's computer systems, including disabling USB ports so that these gadgets cannot be connected
- More than 88 million Americans have been put at risk because of data security breaches
- Data breaches costs organizations an average of $5,000,000 per incident in direct costs
Corporate Blogging Trends
According to Jupiter Research, approximately 70% of large companies will have deployed corporate blogs by the end of 2006. So, even if you are not working for a "large" company, with that kind of proliferation, how many of you have a policy that addresses blogging?
Thanks to Micro Persuasion for the tip.
Proposed Regulations for Social Security "No Match" Letters and Electronic Storage of I-9's
The Department of Homeland Security (DHS) has issued proposed regulations which will provide guidance to employers when they receive a "no match" letter from either the DHS or the Social Security Administration (SSA). The DHS sends out such a letter to an employer when the immigration-status or employment-authorization documentation presented or referenced by the employee is inconsistent with its records. The SSA sends out a "no match" letter when the combination of name and social security number submitted for an employee does not match.
Here's how the new regulation would work. Upon receipt of such a letter, an employer would be required to take "reasonable steps" or the DHS could take the position that the employer has "constructive knowledge" that the individual's status was in violation of immigration law. These reasonable steps would include:
- Within 14 days, correct and clerical errors in an employee's records or other communications with the government (such as transcription errors); Request that the employer confirm the correctness of the previously provided information and instruct him/her to resolve the issue directly with the SSA; Verify with either the SSA or DHS that the matter has been resolved by providing relevant documentation.
- After 60 days, if the employer still cannot verify the legal status of the individual, it must then, within 3 days, attempt to verify the employee’s identity/work authorization. This might include having the employee complete a new I-9 form. However, if relying on the I-9:
- the employer cannot rely upon a document which contains the Social Security number or alien number identified in the no-match notice
- the employer cannot rely upon a receipt of an application for a replacement for the document in question.
- the document relied upon by the employer must contain a photograph of the employee in order to establish identity or identity and employment authorization
- If, at this point, the no-match issue cannot be resolved or the work authorization verified, the employer would be required to terminate the employment of the individual or face government action.
- Following these procedures is considered a Safe Harbor under the regulations. An employer who follows these would be deemed to have acted in "good faith." In addition, failure to respond to a no-match letter in a timely and appropriate manner would now be considered evidence of “constructive knowledge” that an employee is an unauthorized alien.
The comment period for these proposed regulations is August 14th. In addition, these proposed regulations were announced with another proposed regulation on electronic storage of I-9 forms. For more information, follow these links:
Posted By Diane Pfadenhauer In Employment Law , Policies & Procedures | Permalink
Cellphones in the Workplace
Go ahead and call me "Scrooge", but I'm trying to figure out when having a cellular phone became a Constitutional right? This recent article in USA Today, for example, describes how employers are requesting that their employees put their phones on "vibrate" while at work. What ever happened to just telling them to shut them off? I was in a store the other day and as I got to my turn at the register, the cashier picked up her phone to scroll through the call log as I waited for her to assist me. If it's an emergency, fine. If it's to make sure your kid got off the bus, fine. But how many times a day does someone really need to make a call on his/her cellphone. Every call is a distraction from work and typically interrupts others as most people haven't yet figured out that they needn't YELL into their phones for others to hear them.
My view is that there's nothing wrong with a workplace policy that actually provides that employees should be working and not interrupted by cell phones. Why all this sensitivity around this issue? I don't get it.
IRS Fact Sheet on Proper Worker Classification
The Internal Revenue Service has issued a new Fact Sheet regarding classifying employees properly. According to the Fact Sheet:
"The rash of natural disasters that have hit the United States in the last several months have caused many businesses to hire additional workers to help them meet increased demand for their goods or services. These businesses must make sure they treat their workers properly to make sure everyone can meet their tax obligations.
Most workers fall into two categories: Independent contractors or Common-law employeesThe main factor a business must use in determining how to classify its workers is the degree of control the business has over its worker. The more control the business has over a worker; the more likely it is that the worker is an employee rather than an independent contractor."
The Fact Sheet also provides links to other available detailed information on this subject from the IRS.
It's amazing to see how many organizations are still confused about this issue. I can't tell you how many times, I hear people refer to people that work for them as (my pet peeve!) "1099 Employees."
Thanks to Benefitsblog for bringing this to our attention.
Upcoming Seminar
I'll be presenting at the Melville Marriott in August on the subject of employment law, human resources assessment and policies/procedures as part of a Lorman seminar on How to Maintain an Effective Human Resources Department. For a detailed seminar brochure (PDF), click HERE.
You can register for the event by accessing their website here.
Even More on the Military Personnel Security Breach
I've been following the recent debacle of the loss of military personnel information. Now it seems the problem is bigger than ever: seems that that personal information about 430,000 members of the National Guard and 645,000 members of the Reserves now on active duty may have been compromised. The New York Times has a series of articles on the subject. In the mean time, we'll keep you updated here.
Posted By Diane Pfadenhauer In Policies & Procedures | Permalink
More on the VA's Security Lapse
As a follow up to my recent post on the Veteran's Affairs security lapse, CNN reported yesterday two interesting developments: First, the VA learned of the security breach through office gossip, and second, the employee reportedly improperly had the confididential material at his home for three years. For more on the spitting match going on the Senate hearings, see the CNN article here.
Posted By Diane Pfadenhauer In Policies & Procedures | Permalink
Veterans Affairs Security Breach
The Department of Veteran's Affairs informs us that there has been a security breach of confidential veteran information. After a break in at an employee's home confidential information regarding as many as 26.5 million veterans and some spouses was stolen. This information contained data such as name, social security number, date of birth.
"Authorities believe it is unlikely the perpetrators targeted the items because of any knowledge of the data contents," a VA statement said. "It is possible that they remain unaware of the information which they possess or of how to make use of it. However, out of an abundance of caution, VA is taking all possible steps to protect and inform our veterans."
Lessons to be learned:
-Make sure you have a data security policy
-Make sure your employees know what it is
-Make sure you know what is stored on employee laptops and personal computers used at home (or on other digital media)
-Remind employees periodically of your policy so they do not become complacent with confidential information
Fourth of July Holiday Practices
This is one of those years when companies have to consider their options when planning the Fourth of July Holiday. Since the holiday falls on a Tuesday this year, some employers will be giving Monday and Tuesday off, while others will be giving only Tuesday off. This survey from my buddies at HRNY (the SHRM Chapter in New York City) shows that:
- 45.9 percent of respondents will give both Monday and Tuesday off
- 54.1 percent of respondents will be giving just Tuesday off
So, let me guess how many people required to work on Monday will really be working hard.....
The results of the HRNY Fourth of July Holiday Survey can also be found on their website.
Posted By Diane Pfadenhauer In Compensation & Benefits , Policies & Procedures , Trends | Permalink
Don't Think "It Can't Happen Here"
There has been a fair amount of press lately on things getting out of hand in the workplace and in sports. Recent coverage of the employee spanking at a training session and coverage of the Duke lacrosse scandal are only the tip of the iceberg. This story of yet another office prank which went a bit too far suggests that without the proper oversight, this kind of thing can happen anywhere, despite the belief by many that "it can't happen here." In addition, with all of the focus on Duke, this site (not for the faint of heart) shows that questionable behavior occurs in more places than you think.
As we conduct workplace investigations at my firm, we periodically find that the corporation has no idea that inappropriate behavior was occurring. The reality, however, is that remote locations, without proper oversight can develop cultures and mores of their own, some of which are not the type that the organization will want portrayed on the front page of the newspaper.
We all certainly did foolish things as kids in college. However, when this apparent lack of judgment spills over into the workplace, we often wonder what happened. The truth is that it is all around us and now is the time to start thinking about it and doing something before your firm ends up on the front page of the newspaper with people saying "what were they thinking?"
Posted By Diane Pfadenhauer In Policies & Procedures , Trends | Permalink
Gas Prices and Telecommuting
The recent spike in gasoline prices and the prediction that prices will either remain this high for some time or even increase as the summer approaches has fueled an increase in telecommuting. Tonight, I filled up my tank for a trip tomorrow at $3.19 for regular unleaded. It was only $3.04 a week ago when I last filled up. The Christian Science Monitor has a comprehensive article discussing this trend toward telecommuting. According to the article, there are 26 million Americans that work from home at least one day per month. That notwithstanding, there still seems to be resistance based on the premise that the boss needs to be looking over employees' shoulders lest they goof off.
On the one hand, employees who are not in the office may miss the opportunity for impromptu meetings and chatter, but on the other hand they need not spend countless hours in the car in traffic. What do commuters do in the car while they're commuting? Talk on their cell phones, read their email - all things we know are inherently dangerous, but because we feel compelled to be available 24/7, traffic is perceived as wasted time and we respond by multi-tasking.
The article also offers these tips to handle requests for telecommuting and those considering requesting the option of telecommuting:
For Employees: Ask yourself: Do I have the self-discipline necessary to work at home with minimal supervision? Am I well organized? Does my job lend itself to telecommuting?
- If the answers are yes, prepare a written proposal for your manager. Outline specifically how the plan will work and how it will benefit the company.
- Indicate that it is often possible to be more productive at home, where there may be fewer interruptions than in the office.
- Assure your manager that you will be available for conference calls and meetings by phone.
- Suggest a trial period. If it doesn't work out, the arrangement will end.
- Be sure you have adequate technology at home, as well as appropriate work space. The kitchen table won't do.
For Managers: Weigh the pros and cons of telecommuting by asking:
- Does this employee have the right temperament to work alone?
- Am I willing to be open-minded and give the arrangement a chance to succeed?
- How will I keep in touch with telecommuters?
All of this will be much easier when we stop judging most of our employees by face time and focus on deliverable, measurable results.
Posted By Diane Pfadenhauer In Policies & Procedures , Trends | Permalink
More Pandemic Flu Planning
As a follow up to my recent post on a possible flu pandemic, and in their quest to save their little corner of the world, the Workers' Comp Insider has put together a comprehensive post on available resources and tips to prepare for a flu pandemic. It's worth the read.
Posted By Diane Pfadenhauer In Policies & Procedures | Permalink
Room Sharing: Bean Counters v. Common Sense
I've been in this business for a few decades now and just when I think I've seen everything, something else comes along.... Some companies, in an effort to "save money" and "build camaraderie" are requiring staffers to double bunk. Michael Fox, points us to a New York Times article describing the supposed rationale for the double bunking and provides us with an example of why this policy makes absolutely no sense whatsoever. This quote from the NYT article should be enough to make your head spin:
"At the Kaye/Bassman International Corporation, an executive search firm based in Plano, Tex., room-sharing is encouraged as a way to build camaraderie, said Jeff Kaye, chief executive and president. "There is absolutely a cost-savings benefit" to having the company's 100 employees share rooms, he said. But Mr. Kaye said the practice also helped employees get to know one another better; executives are encouraged to bunk with people they do not know for that reason, he said. "When the C.I.O. ends up rooming with a salesperson and the finance guy ends up rooming with a guy in operations, they learn stuff about each other," Mr. Kaye said. "You find out who's a snorer and who's got wacky bedtime rituals. It allows you to discover a greater human element in someone you previously didn't know."
This practice is clearly is ill advised and demonstrates a clear lack of understanding of its dangers. In all of the workplace investigations I've done, I've heard enough stories about hotels and hotel rooms to write a book. Now we're going to ask our employees to share hotel rooms or pay out of their own pockets if they refuse? How absurd! If I want to get to know my colleagues, there are plenty of other less risky ways of doing that and if my company can't afford to buy me my own room, perhaps I shouldn't be traveling. Just one bill for the defense costs of a lawsuit will change this policy in these organizations instantly.
Michael's simple post on this subject, quoting a recent lawsuit filed in Texas regarding this practice, demonstrates the dangers and just about says it all.
Posted By Diane Pfadenhauer In Policies & Procedures 1 Comments | Permalink
Blocking RSS Feeds: The New Focus of Your IT Security
Regina, has this post today about a trend for companies to block employees from viewing RSS feeds at work. If you don't know what an RSS feed is we have a simple explanation HERE. She points us to Shel Holz's blog which discusses the seeming extensive measures employers will take to limit employee use of workplace computers. Some interesting tidbits:
¬?According to one article, next year companies will shell out over $6 billion for applications that monitor and/or block web surfing, instant messaging, keystrokes, and now RSS, according to an IDC study.
¬?A TopTech News article paraphrases Websense VP and General Counsel Mike Newman as saying - "The rationale behind monitoring employees, according to Newman, is that a computer at work is a corporate tool for enhancing the employee's productivity. Because some people abuse that privilege by sending personal e-mail and viewing movies during working hours, employers feel they have little choice but to monitor what their workers are doing."
Shel also shares his thoughts regarding why some of this is a bit overboard:
¬?"The measure of productivity is how much work is getting done, not how much time an employee spends on non-work-related activities. Employees will stay late, come in early, or take work home. They won't simply let it slide. Nobody wants to lose his job so he can check sports scores on ESPN.
¬?Nobody ever got fired for checking sports scores at work in the New York Times. The web is the new newspaper.
¬?An employee's home computer is a personal tool, but it gets used for work all the time. Work-life integration is the name of the game today. If you expect me to take work home, then expect me to live part of my life at work.
¬?Telling employees you don't trust them‚Äîany of them‚Äîis a great way to earn some of the lowest engagement scores in the business world. (Trust is a key determinant of engagement and commitment.) Companies with large populations of highly engaged employees earn double-digit growth. Those with large populations of actively disengaged employees earn zero or negative growth. So which is preferable: locked down computers and no growth or open access and double-digit growth?"
Regina also points out:
¬?"RSS feeds may actually increase employee productivity ‚Äî info about customers, competitors easily and quickly accessible.
¬?RSS feeds may actually increase employee understanding of your company's media attention, brand, reputation, new products and services, etc.
¬?RSS feeds may be used internally to enhance your key company messages but if employees can only subscribe to internal feeds it seems hypocritical to only pump out company propaganda
¬?RSS will be built into future technology and become part of the way people manage their lives (attention) and information - it will become harder for companies to control in the future."
I'd have to say I agree with both Regina and Shel. I am certainly an advocate protecting company trade secrets, protecting the organization from hackers, phishers, etc, but if we don't incorporate some kind of balance in our policies, we're in big trouble. The sad reality is that many times employees use their personal email addresses and computers at home as work-arounds to the limits of the employers systems. If fact, I just received an work related email from someone this week from confessing that she was using her personal email because the spam blockers on her company's system were so "effective" she doesn't get half of the important email she needs. So why aren't the HR people involved in the development of such policies?
Posted By Diane Pfadenhauer In Policies & Procedures | Permalink
Reminding Us of the Importance of Background Checks
When the US military subcontracted security work to private contractors, some of them failed to conduct background checks on their employees. According to an article appearing in the Washington Post, these security personnel were assigned to 46 different military installations around the country. According to a report by the Government Accountability Office, 89 guards were hired at two bases even though they had criminal records, including assaults and other felonies. The Army has, thankfully, changed its procedures.
The Background Checks Blog for bringing this to our attention.
Posted By Diane Pfadenhauer In Policies & Procedures | Permalink
What's on YOUR Laptop?
This scary little article about a Fidelity laptop containing confidential information regarding almost 200,000 participants in Hewlett-Packard's pension and 401(k) plans should have us thinking. Although the article describes affirmative steps that Fidelity had taken to thwart retrieval of information in the event of a theft like this, how many other firms are not so careful? My suggestions - start asking these questions:
1. Do you know what is on your employees' laptops?
2. Have precautions been taken to either secure or encrypt the information or remove it when it is no longer needed?
3. Are laptops themselves secured in the office?
4. Do laptops have proper passwords and other security measures in place?
All too often employees pass along files and information containing either confidential employee or customer information or trade secrets. Think about how often these employees clean this stuff off of their hard drives. Probably never!
Avian Flu Pandemic Planning
As I was writing this post, I realized that Michael Fitzgibbon had a similar post a while back. Since the article is a worthy read, I'll include it anyway. This article, written by Littler attorney, Dale Deitchler, discusses the need for proper advance planning in the event of an avian flu pandemic. He notes that, should this occur, up to 40% of employees could be out sick at one time. His advice:
1. Employee relations - employers need a communicable disease policy to deal with the need to adjust benefit and time off policies to respond to a pandemic. In addition, companies must anticipate what they will do in the event employees use all of their available time and what they will do to adequately staff to get the work done.
2. OSHA - Employers must comply with OSHA when dealing with communicable diseases in the workplace.
3. Privacy - Don't forget about HIPAA's privacy requirements when dealing with employee health information.
Time Off Policies Undergoing Change
Employers have begun to rethink their time off policies and the trend is away from specific days off for specific reasons and toward more of a universal time bank. Under the universal time back theory, employees are given a set number of days to use for any reason they wish. They no longer need to classify the time as vacation, sick or personal.
This article goes on to suggest that more employers should be looking at policies in connection with disasters and disruptions, noting that most companies have no policies on this subject. That notwithstanding, in the face of disasters many companies are very generous, continuing pay as long as they can.
One of the big problems here is the seemingly inflexibility of our nation's wage and hour laws. If we dock an exempt employee who works at any point during the week, the Department of Labor will have a fit!
Posted By Diane Pfadenhauer In Compensation & Benefits , Policies & Procedures , Trends | Permalink
It's March Madness - Hit the "Boss Button"
This is one of the most significant times of the year for betting in the workplace. Some HR professionals go into hiding in January during sign ups for the annual the Super Bowl Pool, March Madness probably ranks a close second in office betting. To complicate matters, CBS Sportsline's March Madness on Demand now makes it possible to follow webcasts of games live on a PC. To complicate matters, there is allegedly a "boss button" that you can hit when someone comes up near you. The game turns off and a spread sheet pops up. I haven't tried it (I hate those sites that require that I register), so let me know if it works!
As I think about the lost productivity associated with all of this, I'm reminded that we regularly read about fancy studies that have been done throughout the year predicting the loss of productivity in connection with various situations or events. In this case, March Madness is supposed to result in a loss of $4 billion. What about the Super Bowl, the Olympics, any other sporting event, shopping around the holidays, etc., etc.? It's amazing anything gets done!
Posted By Diane Pfadenhauer In Policies & Procedures | Permalink
Employee Web Surfing - Upping the Ante When the Employee Reads Porn
A recent case in New Jersey raises the obligation of employers who learn that one of their employees is surfing illicit pages on the web. In Doe. v. XYC Corporation an appellate court in New Jersey held that when an employer has notice that one of its employees is using its work computer to access pornography (or in this case child pornography) that it has the obligation to investigate and put a stop to it.
The court held:
"We hold that an employer who is on notice that one of its employees is using a workplace computer to access pornography, possibly child pornography, has a duty to investigate the employee's activities and to take prompt and effective action to stop the unauthorized activity, lest it result in harm to innocent third-parties. No privacy interest of the employee stands in the way of this duty on the part of the employer"
In this case, the employee had a history of using his workplace computer to view pornographic sites. In addition, he transmitted several photographs of his stepdaughter on his workplace computer to a child porn site. He was later arrested.
The Court further noted:
"...Given the public policy against child pornography, as reflected in these statutes, and the fact that "public policy favors the exposure of crime," ..., we agree with plaintiff that defendant had a duty to report Employee's activities to the proper authorities and to take effective internal action to stop those activities, whether by termination or some less drastic remedy."
All too often I hear of companies with less than stellar computer security systems turning a blind eye to employees who use the internet on company computers inappropriately. Perhaps they will now take more affirmative steps to stop the misconduct, even if it does not rise to the level of child pornography.
Posted By Diane Pfadenhauer In Employment Law , Policies & Procedures | Permalink
The Importance of Background Checks
The recent resignation of David Edmondson, Radio Shack's CEO, reminds us of the importance of conducting background checks. According to this AP article:
"Edmondson had claimed that he received degrees in theology and psychology from Pacific Coast Baptist College in California, which moved in 1998 to Oklahoma and renamed itself Heartland Baptist Bible College.
The school's registrar told the Star-Telegram that records showed Edmondson completed only two semesters and that the school never offered degrees in psychology. The school official declined to comment to The Associated Press.
Edmondson said last Wednesday he believes that he received a theology diploma called a ThG, but not the four-year bachelor of science degree listed on his resume. He could not document the ThG diploma."
Thanks to the Background Checks Blog for this reminder.
Posted By Diane Pfadenhauer In Policies & Procedures | Permalink
English Only Rules
Many organizations find themselves confronted by seemingly conflicting regulations when it comes to whether it is permissible to mandate that only English be spoken in the workplace. Often employers consider such a requirement as a result of safety concerns, because of regulation in their particular industry or the desire to mitigate employee relations problems which may arise as a result of cultural differences in the workplace.
The EEOC provides some specific guidelines in this area and, not surprisingly, frowns upon such rules where they prohibit employees on breaks and meal periods from speaking a language other than English. There is a fundamental difference between requiring employees to only speak English in the workplace and a requirement that they have the ability to read and write English. The latter does not prohibit them from speaking other languages while the former does. Follow this link for more on the EEOC's guidance on English Only Rules.
Posted By Diane Pfadenhauer In Employee Relations , Employment Law , Policies & Procedures | Permalink
Using Love Contracts to Avoid Sexual Harassment Claims
Love Contracts are essentially agreements entered into by employees engaged in a relationship acknowledging that the relationship is consensual and reiterating the employer's harassment policy. Some contracts go further, to specify what behavior is appropriate or inappropriate in the workplace - perhaps these details are necessary when an amorous relationship becomes more than apparent and potentially offensive behavior is exhibited at work. Employers use these to avoid sexual harassment claims later on or to avoid future claims of favoritism by others.
A recent survey by SHRM, noted that 19% of respondents asserted that workplace dating resulted in sexual harassment claims. Vault.com, in its 2005 survey, noted that 58% of employees have been involved in an office romance. So, on Valentine's Day, take note of