Workplace of Choice

You can't escape social media and personal computer usage on the job - or can you?  Many companies have implemented blogging and personal computer usage policies as part of their Employee Handbook and Information Technology Policy.  The focus of such employee policies gives personal bloggers guidelines on how to reference their employer, their products and their services within their blogs or personal dealings on the internet.  These guidelines are especially important given the Federal Trade Commissions guidelines to protect consumers from erroneous endorsements on social media and blogging sites.   In response to the FTC guidelines, employers are strongly encouraged to specifically spell out what the company allows and doesn't allow with respect to online comments about the company and its products.

While we do a good job addressing guidelines for personal blogging and computer usage, what many companies fail to address is how much personal access to social media and personal usage of computers can they tolerate on the job?  I know what you're thinking - "I don't tolerate ANY personal use, let alone access to social media sites, while on the job."  But, is this really the best policy in today's social media climate?  Should employees be limited to NO personal use during the work day?

Many experts believe that in today's technology climate, this is no longer reasonable and that allowing employee's personal technology access can have positive effects on your workforce.  Companies need to be realistic that social media is the way many people communicate.  By limiting such communication you're forcing employees to be "out of touch" completely while at work.  This may make many employees uneasy and resent the organization's stringent rules.  Allowing them access to check Facebook or send personal emails throughout the day allows them to make a quick connection to the outside world.   According to the Harvard Business Review, there can be additional positive results to allowing personal access to social media sites during work.  An organization that is more accepting of social media in the workplace can be viewed by many people, especially those of the younger generations, as a more attractive and as a forward thinking organization.  Often times we believe that if an employee is spending time surfing the net, that's time they're not working and thus, loosing productivity. Research has shown the opposite; allowing employees to take a quick break allows them to return to their work refocused and more productive.  Lastly, employees feel appreciated and more engaged when employers acknowledge their interest to check and use social media.  The employee feels like the organization trusts them to do the right thing and often times, that trust goes a long way.

Facebook, Twitter, blogging and social media sites are here to stay - so embrace this new technology and determine what makes sense for your organization and design employee policies to support it!

Spring is finally upon us and with that comes not only sunshine but the urge for employees to stretch the rules as far as they can throw a flip flop.  Now is a good time dust off not only your dress code policy as it pertains to warm weather clothing but for other policies as well.  Is love in the air this spring at your office?  It could be and you might not even be aware of the potential pitfalls that could follow.  You may want to consider a non-fraternization policy.

A non-fraternization policy oversees interpersonal conduct by employees and is created with good intent - to prevent employees from engaging in activities that could interfere with safety, employee morale, and employee productivity.  In addition, these policies help to protect the employer from potential lawsuits arising from harassment claims.

Employers have the right to set rules prohibiting employees from activities including office romances.  They can prohibit supervisors from getting involved with subordinates and vice versa, and they can refuse to hire married co-workers.

Relationships among employees raise issues of equity, fairness and favoritism regarding the involved employees' work responsibilities, salary, and/or career progress.  Employers may stipulate that if a conflict, disruption, or other performance problem arises as a result of such relationships, one of the involved employees may be transferred and/or disciplinary action may be imposed.  But be aware that even then, future decisions regarding all employment practices (promotion, demotion, transfer, termination, rates of pay) could be viewed as discriminatory based on these relationships.

Consider the outcome of a relationship that has ended (on a negative or positive note).  What was once viewed as welcomed behavior from one employee to another can change overnight and you could suddenly be involved with a hostile work environment or sexual harassment claim.  By discouraging relationships or by stipulating that the company be made aware of them ahead of time, employers can proactively manage a potential problematic situation.

Your non-fraternization policy should be discussed during Harassment training. Training should also include education regarding off-site and off-hour situations.  Employees who are friendly with each other and spend time together after work hours need to know that their behaviors are still subject to your policies.   Happy hour at the local watering hole may lead to situations that can easily be considered against company policy.

Employees have the right to choose their friends and romantic partner, however, employers also have a right to limit romance in the workplace in order to maintain a safe, equitable and productive work environment .  Consider the reason for instituting the policy, specifics on what is and isn't acceptable and how the current social landscape is today to ensure that a new or updated policy is successful and works for your culture.

It may be if bills pending in the U. S. Congress become law.

House and Senate bills, currently pending, require employers with 15 or more employees to grant 1 hour of paid sick leave for every 30 hours worked, up to a max of 56 hours (7 days) per year. Workers would begin to accrue sick leave from their first day of employment and would be eligible to use the leave after completing 60 days service. The Healthy Families Act (S. 1152) is sponsored by Senators Kennedy and Dodd and Congresswoman DeLauro.

The bill would allow an employee to carry over accrued sick leave to the next calendar year, but total sick leave at any time would be capped at 56 hours.

Acceptable uses of sick leave would be:

• employee's own sickness;
• parents' or children's illnesses;
• healthcare provider visits for specific problems;
• preventive care;
• healthcare needs related to domestic violence, sexual assault, or stalking.

For more than 3 consecutive days of sick leave, an employer could require certification of an employee's need.

How would passage of this bill affect your business?  Would your employee policies around PTO change? Are you in support of this law?

At first glance you might think Identity Theft falls outside the scope of HR.  However, in looking closer at two identity theft laws that will soon impact Massachusetts businesses, you might change your mind...

As of August 1, 2009, the Federal Trade Commission (FTC) will begin enforcing its "Red Flag Rules". These "Red Flag Rules" are intended to protect the consumer against two things:

1. The unauthorized use of his/her identity to open or attempt to open an account in the consumer's name and;
2. The misuse of a consumer's existing account.

Companies must be alert to warning signs, or "Red Flags".  A "Red Flag" is any suspicious activity that could indicate identity theft in the making.  Affected organizations are required to develop and implement a written program to combat this problem.

The second phase of the MA Data Security Breach Law will take effect January 1, 2010.  This phase of the law requires that any organization that owns or licenses "Personal Information " must have two important policies in place:

1. They must have implemented a written program that describes how Personal Information is protected and;
2. They must adopt computer system security measures to reduce the risk of compromised Personal Information.

Are your HR policies set up to support these upcoming requirements?  As a result of these statutes, Human Resources will need to review their HR policies, Employee Handbook and policies surrounding Personal Information.