Sustainable Work Practices: Keeping the Staff Afloat
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Transcript of Sustainable Work Practices: Keeping the Staff Afloat
Fisher & Phillips LLPATTORNEYS AT LAW
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Presented by:
Regina A. Petty
Sustainable Work PracticesKeeping the Staff Afloat
Western Museums AssociationOctober 27, 2009
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Challenging Economic Environment
Department of Labor’s Bureau of Labor Statistics January 2009
2,227 mass layoff actions involving over 230,000 employees
Unemployment rates today as high as 15%
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Budget Management
Hiring freeze and pay freeze
Compensation reductions and furloughs
Voluntary programs
Reductions in force
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The Furlough Alternative People furloughed or working part-time People furloughed or working part-time
rose from 3.7 million in June 2008 to 6.5 rose from 3.7 million in June 2008 to 6.5 million in June 2009million in June 2009
June 2009 Watson Wyatt survey found June 2009 Watson Wyatt survey found 13% of 179 HR executives had imposed 13% of 179 HR executives had imposed furloughs and another 6% expected to do furloughs and another 6% expected to do so in the next 12 monthsso in the next 12 months
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Avoiding Aftershocks
Legal, retention and morale issues
Fair Labor Standards Act
State Wage and Hour Laws
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Mandatory Furloughs
Designing for exempt employees
Notice issues
Collective bargaining
Benefits
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A Key Rule
Employees are strictly prohibited from performing any work during the furlough period. This includes checking work-related email and voice mail.
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Employee Volunteers Prohibited
Fair Labor Standards Act
“Bona fide” volunteer definition Person who offers their services freely
and without pressure or coercion; Person is NOT employed to perform
the same type of services provided as a volunteer
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Spotting Creativity Risks
Employee is given option of pay cut or donation to non-profit employer
Social NetworkingThe Online Community
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Explosion of Social Networking Sites
Facebook has 200 million members
Twitter has 17.1 million members
From April 2008 – April 2009:
– Twitter experienced 1,298% increase in visitors
– Facebook experienced a 217% increase in visitors
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Users of Social Networking Sites
Not just Gen Y employees As of May 26, 2009, 56% of Facebook users
were over 26-years-old In February and March 2009, Facebook’s
fastest-growing demographic was 35-44 Twitter is more popular with 35-49
demographic than 18-35-year-olds
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What is Twitter? Who is Tweeting?
An abbreviated, casual messaging system Users publish 140 character “tweets” Each user receives a live stream of tweets
from people they are following Current trendy site
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Employment Screening Tool?
Some employers now search Google as part of their regular background checks for applicants
Risk may outweigh possible gain
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Avoiding the Pitfalls
Consider the following options:
– Search only LinkedIn - site intended for professional networking
– Displays user’s education and experience, may have professional references
– Caveat: Savvy applicant could manipulate information
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Avoiding the Pitfalls
Consider:
– Obtaining written consent before searching Internet or social networking sites
– If search reveals information that played a part in not hiring, keep copy of information and consider giving candidate opportunity to address the information
– Be consistent - if you check any, check all candidates
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Workplace Impact
Caution managers on pitfalls of becoming “friends” with employees on social networking sites
– Don’t reveal anything you wouldn’t say or post in the break room
– Diligently use privacy controls to manage flow of information
Could become part of harassment or discrimination claim even though “personal” page
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Claims From a “Wall” Post
Plaintiff tried to show discriminatory animus through manager’s web page
“What’s wrong with women these days?” & “Chicks seem to have more issues these days than Jet Magazine and keep up more drama than daytime TV and Jerry Springer combined.”
– Derrick v. Met. Gov’t. of Nashville & Davidson Co. (M.D. Ten. Dec. 17, 2007)
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Internet Privacy
Oxymoron??? Disconnect between employees and
employers:– 53% of employees think content of Facebook page is not a boss’s concern– 60% of executives believe they have a right to know how employees portray themselves and company online
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Invasion of Privacy?
Employee must have a reasonable expectation of privacy
Newspaper published online journal that college student posted about home town
No expectation of privacy in publicly-available material
(Moreno v. Hanford Sentinel (Cal.App. 2009))
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Manage to the Policy
Employee had an expectation of privacy in text messages sent over employer-provided device
Manager told employees that messages would not be audited
Ensure managers are not contradicting your privacy policy (Quon v. Arch Wireless Operating Co. (9th Cir. 2008))
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Disciplinary Tool?
Employees set up invitation-only MySpace group “Spec-Tator” to “vent any BS we deal with . . . without outside eyes spying in on us”
Posting referred to violence, illegal drug use and copy of test for employees
Manager asked employee for password to gain access and terminated employees for criticizing bosses
Jury found no invasion of privacy but found wiretapping violation based on way password obtained(Pietrylo v. Hillstone Restaurant Group d/b/a Houston’s (U.S. Dist N.J.)
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Invasion of Privacy?
As a practical matter, many employees restrict information with privacy settings
With actual permission to view information, privacy claim likely unsuccessful
No “fake” friend requests
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1/3 of users report that they never think about what the boss, coworkers or clients would think before posting materials online
Employees may make untrue statements about company, other employees or managers
Defamation
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Business Communications Tool? Blurring the line between personal
Social media as a marketing tool– Who should use
– When to use
– How to use
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What’s the Policy? Accessing personal social networking
site using company time/resources Options:
– Mirror your personal e-mail policy unless productivity problem arises
– Outright ban of access at work
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What’s the Policy?
Employee’s personal content Options:
– Employees who identify employer or use Company e-mail must adhere to code of conduct
– Outright ban on employees identifying their employer
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What’s the Policy? Employer’s Social Networking Policy:
– Prohibit unlawful harassment/ discrimination– Prohibit use of Company’s Proprietary,
Confidential Information without express authorization
– Confirm no expectation of privacy where Company-provided system or e-mail
– Prohibit use of employee work e-mail address for social networking account
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Questions and DiscussionPresented by:
Regina A. PettyPhone: (858) 597-9614
Email: [email protected]
Atlanta · Charlotte · Chicago · Columbia · Dallas · Denver · Fort Lauderdale · Houston · Irvine · Kansas City · Las Vegas
Louisville · New Jersey · New Orleans · Orlando · Philadelphia · Portland ME · Portland OR · San Diego · San Francisco · Tampa
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