In response to growing issues related to privacy and an employee's online presence, Governor Jay Inslee recently signed s new law making it unlawful for employers to require an employee or applicant to disclose social networking website usernames or passwords, or to force an employee or applicant to add any person to the employee’s list of social networking contacts. This law will become effective July 28.
Washington joins a host of other states that have taken legislative action to protect employee social media accounts. Utah, New Mexico, California, and Michigan have passed similar laws, and more than 20 other states have similar bills pending.
Pertinent aspects of the new Washington law include:
* The law applies to “any person, firm, corporation, or the state of Washington, its political subdivisions, or municipal corporations.” Employers of any size are therefore covered by the law.
* The law specifically states that it does not prohibit an employer from using public domain to obtain information about an employee or applicant Thus, employers may continue to access publicly
available social networking profiles or comments. (Be sure to read up on the articles related specifically to Facebook and LinkedIn or give me a call to discuss some of the other risks and implications related to using even public information.)
* Employer-maintained social networking accounts remain fully accessible and are not impacted by this law. Employers are also still free to enforce existing social media policies that do not conflict with the new law or the National Labor Relations Act.
* Certain workplace investigations are specifically exempt from the new law. When employers are conducting workplace investigations surrounding an employee’s activity on his or her personal social networking account, they are permitted to request content from an employee’s account but are still prohibited from requesting an employee’s login information. Under this narrow exception,
the purpose of the investigation must be to: “(i) ensure compliance with applicable laws, regulatory
requirements, or prohibitions against work-related employee misconduct; or (ii) to investigate an
allegation of unauthorized transfer of an employer’s proprietary information, confidential information, or financial data to the employee’s personal social networking account.”
With this new law in mind, employers whose policies currently require employees or applicants to disclose personal username and passwords should begin implementing a change to those policies. Employers should also train anyone involved in making employment decisions on the new law’s provisions.
If an employer determines that it may need social media content to investigate legal compliance, work-related misconduct, or the improper disclosure of the employer’s proprietary or confidential information, then the law allows employers to request content from personal social media sites. Employers should consider seeking advice of counsel when considering whether such a need exists in a particular situation.
Employers should periodically review their existing social media policies and practices to make sure that they are in compliance with all current laws.
Please Note: This Blog is made available by the lawyer publisher for educational purposes only as well as to give information and a general understanding of the law, not to provide specific legal advice. By using this Blog site you understand that there is no attorney client relationship between you and the Law Office of Elizabeth Van Moppes. The Law Office of Elizabeth Van Moppes is not in control of the linked sites and is not responsible for the contents of any linked site. This Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. Elizabeth Van Moppes is licensed to practice law in the State of Washington only.
Showing posts with label Good Management. Show all posts
Showing posts with label Good Management. Show all posts
Wednesday, June 12, 2013
Tuesday, March 27, 2012
Illegal Interview Questions
Frequently, I hear from clients on the topic of interviewing. Specifically, what can be asked and what can't be asked of an applicant. As much as you may want to know if an applicant has children, and thus there is an allegedly higher possibility of missing work when the kids are sick, or if she owns her home, which means that she's not very likely to move away, you cannot ask these questions.
Here are a few others to avoid:
If the job requires occasional overtime, you may ask the applicant if he is available and how much advance notice he needs to work extra hours.
It's permissible to ask him if he speaks a foreign language, as long as you do not inquire if he is a native speaker.
If the job involves overnight travel, you may ask the candidate if she is able to leave town and again, how much notice she will need.
You may ask an applicant if she owns a car and has insurance only if driving her own vehicle while on company time is part of the job. Otherwise, questions about transportation are limited to asking if she has reliable transportation to get to work. If she considers the bus, her bicycle, or a neighbor willing to give her a ride to work reliable transportation, then this is reliable transportation.
Additionally, you may not ask an applicant if he has a disability. You may (and should) ask if he is able to perform the job — every applicant should be asked this. For example, you could say, “This job requires you to stand on your feet and walk without assistance for two hours before taking a break. Are you able to do this?”
During an interview, a job seeker may voluntarily bring up something that falls under the category of questions that you should not ask. When this happens, change the subject quickly and do not write the information down in your interview notes. This is for your own protection. If, at a later date, someone accuses you of not hiring them because they have four children, and your interview notes indicate that they have four kids, you may have a hard time proving your contrary argument if the candidate otherwise meets the criteria for the job.
Please Note: This Blog is made available by the lawyer publisher for educational purposes only as well as to give information and a general understanding of the law, not to provide specific legal advice. By using this Blog site you understand that there is no attorney client relationship between you and the Law Office of Elizabeth Van Moppes. The Law Office of Elizabeth Van Moppes is not in control of the linked sites and is not responsible for the contents of any linked site. This Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. Elizabeth Van Moppes is licensed to practice law in the State of Washington only.
Here are a few others to avoid:
- Are you married?
- What does your spouse do for a living?
- Do you have plans to get pregnant in the future?
- Have you ever taken a leave of absence from a job?
- Do you go to church?
- Will you have to hire a babysitter if you get this job?
- From what country does your family originate?
- What year did you graduate from school?
- How will you get yourself to work?
If the job requires occasional overtime, you may ask the applicant if he is available and how much advance notice he needs to work extra hours.
It's permissible to ask him if he speaks a foreign language, as long as you do not inquire if he is a native speaker.
If the job involves overnight travel, you may ask the candidate if she is able to leave town and again, how much notice she will need.
You may ask an applicant if she owns a car and has insurance only if driving her own vehicle while on company time is part of the job. Otherwise, questions about transportation are limited to asking if she has reliable transportation to get to work. If she considers the bus, her bicycle, or a neighbor willing to give her a ride to work reliable transportation, then this is reliable transportation.
Additionally, you may not ask an applicant if he has a disability. You may (and should) ask if he is able to perform the job — every applicant should be asked this. For example, you could say, “This job requires you to stand on your feet and walk without assistance for two hours before taking a break. Are you able to do this?”
During an interview, a job seeker may voluntarily bring up something that falls under the category of questions that you should not ask. When this happens, change the subject quickly and do not write the information down in your interview notes. This is for your own protection. If, at a later date, someone accuses you of not hiring them because they have four children, and your interview notes indicate that they have four kids, you may have a hard time proving your contrary argument if the candidate otherwise meets the criteria for the job.
Please Note: This Blog is made available by the lawyer publisher for educational purposes only as well as to give information and a general understanding of the law, not to provide specific legal advice. By using this Blog site you understand that there is no attorney client relationship between you and the Law Office of Elizabeth Van Moppes. The Law Office of Elizabeth Van Moppes is not in control of the linked sites and is not responsible for the contents of any linked site. This Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. Elizabeth Van Moppes is licensed to practice law in the State of Washington only.
Sunday, February 5, 2012
Retaining Employees: 5 Things You Need To Know
Republishing an interesting article on employee retention from The Huffington Post Geoff Williams
Even when the economy is tough -- and maybe especially then -- it's never a bad idea to show your employees appreciation. You may have a few knuckleheads you wouldn't be sorry to see go, were they to walk out, but the last thing you need is your best employees to leave you high and dry.
And they will, if you take them for granted. After all, especially in a world in which retiring with a gold watch is increasingly a fantasy, why should talented employees stick around if they aren't being treated like a best employee should be? It can obviously cost thousands of dollars to train a new employee, depending on the position, especially taking into account all the money a company can lose when its talent isn't around to land new accounts, maintain quality control and provide superior customer service. (There are a lot of employee turnover calculators online to prove this point, like this one. So if you want to keep your employees happy, in both good and bad times, here are five things you need to know.
1. Challenge your employees.
You don't want to overwhelm them, but you shouldn't bore them either. Adam Neary, CEO of Profitably.com, a website that helps businesses better plan, manage and execute their finances, says, "I believe people do their best when the work they are doing is right in the arc between where they're coming from and where they want to go." Neary clarifies: "Look at Jason Putorti, the lead designer from Mint. He was a hurricane of awesome and had no interest in leaving while they were in the throes of it all. It had to do with stretching him from where he was coming from as an agency guy and an independent designer into actually owning a brand and a visual aesthetic. It was a growth role for him, but not unreachable. And it led to him being able to take a role like 'Designer in Residence' at Bessemer and then a co-founder of Votizen. If, however, you wanted to get Jason to be your designer and play the role he played at Mint after Mint, it wouldn't make sense. And even if you convinced him short term, you'd lose him."
2. Pay your employees.
If at all possible, "pay them more than they think they are worth," suggests Gerry Patnode, assistant professor of management and marketing at York College of Pennsylvania and a former business owner for 23 years.
But if you can't pay a high salary, keep in mind, says Chip Manning, director of the Babson Center for Global Commerce, that "benefits, such as family time and flexible work schedules, can have more value to the employee rather than additional cash." Pay your employees compliments. True, if all you are is complimentary, that won't go too far forever, but it is important. The key here is respect, says Manning. Respect can be shown via money, valuing an employee's time and simply making it clear that you value your staff by, yes, complimenting them for their hard work. Or show them that you realize there's more to them than their job. The SuperGroup, based in Atlanta, is a small, digital interactive shop, that boasts high employee retention, probably due to a program which allows significant personal use on company time to be spent doing anything creative, like penning a novel or screenplay, learning to paint or taking music lessons.
4. Make the work environment as work-friendly as possible.
It's not all about the employees, exactly. Look in the mirror and at your environment. Money is an important motivator, but so is going into a workspace that lacks office politics and general tension. Is the office everyone works in kind of a dump? How is the heating and cooling system in your office, store or building? Would you work here if you were an employee of yours? All important questions to ask.
5. Employees need to get something out of their job.
If you aren't giving or can't give your employees some sort of ownership in the company -- whether stock, or bonuses when the company is doing better -- you need to, at the bare minimum, offer your employees as much career growth as possible. Employees know that, any day, theoretically, no matter how good of a job they're doing, they could be kicked to the curb. Understanding that tends to make employees very acutely tuned in to improving their hireability. Employees tend to want to know that if that day comes and their services aren't needed any longer, they're still going to be in demand because they've been working with the most cutting-edge equipment in the industry or taking yearly seminars. It may seem counterproductive to help prepare an employee for a better job, but the more you help an employee grow and evolve so they can get a better job, the better the odds that they're going to realize that the better job is the one they have.
Even when the economy is tough -- and maybe especially then -- it's never a bad idea to show your employees appreciation. You may have a few knuckleheads you wouldn't be sorry to see go, were they to walk out, but the last thing you need is your best employees to leave you high and dry.
And they will, if you take them for granted. After all, especially in a world in which retiring with a gold watch is increasingly a fantasy, why should talented employees stick around if they aren't being treated like a best employee should be? It can obviously cost thousands of dollars to train a new employee, depending on the position, especially taking into account all the money a company can lose when its talent isn't around to land new accounts, maintain quality control and provide superior customer service. (There are a lot of employee turnover calculators online to prove this point, like this one. So if you want to keep your employees happy, in both good and bad times, here are five things you need to know.
1. Challenge your employees.
You don't want to overwhelm them, but you shouldn't bore them either. Adam Neary, CEO of Profitably.com, a website that helps businesses better plan, manage and execute their finances, says, "I believe people do their best when the work they are doing is right in the arc between where they're coming from and where they want to go." Neary clarifies: "Look at Jason Putorti, the lead designer from Mint. He was a hurricane of awesome and had no interest in leaving while they were in the throes of it all. It had to do with stretching him from where he was coming from as an agency guy and an independent designer into actually owning a brand and a visual aesthetic. It was a growth role for him, but not unreachable. And it led to him being able to take a role like 'Designer in Residence' at Bessemer and then a co-founder of Votizen. If, however, you wanted to get Jason to be your designer and play the role he played at Mint after Mint, it wouldn't make sense. And even if you convinced him short term, you'd lose him."
2. Pay your employees.
If at all possible, "pay them more than they think they are worth," suggests Gerry Patnode, assistant professor of management and marketing at York College of Pennsylvania and a former business owner for 23 years.
But if you can't pay a high salary, keep in mind, says Chip Manning, director of the Babson Center for Global Commerce, that "benefits, such as family time and flexible work schedules, can have more value to the employee rather than additional cash." Pay your employees compliments. True, if all you are is complimentary, that won't go too far forever, but it is important. The key here is respect, says Manning. Respect can be shown via money, valuing an employee's time and simply making it clear that you value your staff by, yes, complimenting them for their hard work. Or show them that you realize there's more to them than their job. The SuperGroup, based in Atlanta, is a small, digital interactive shop, that boasts high employee retention, probably due to a program which allows significant personal use on company time to be spent doing anything creative, like penning a novel or screenplay, learning to paint or taking music lessons.
4. Make the work environment as work-friendly as possible.
It's not all about the employees, exactly. Look in the mirror and at your environment. Money is an important motivator, but so is going into a workspace that lacks office politics and general tension. Is the office everyone works in kind of a dump? How is the heating and cooling system in your office, store or building? Would you work here if you were an employee of yours? All important questions to ask.
5. Employees need to get something out of their job.
If you aren't giving or can't give your employees some sort of ownership in the company -- whether stock, or bonuses when the company is doing better -- you need to, at the bare minimum, offer your employees as much career growth as possible. Employees know that, any day, theoretically, no matter how good of a job they're doing, they could be kicked to the curb. Understanding that tends to make employees very acutely tuned in to improving their hireability. Employees tend to want to know that if that day comes and their services aren't needed any longer, they're still going to be in demand because they've been working with the most cutting-edge equipment in the industry or taking yearly seminars. It may seem counterproductive to help prepare an employee for a better job, but the more you help an employee grow and evolve so they can get a better job, the better the odds that they're going to realize that the better job is the one they have.
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