Adviser Summer 2016 Vol 1 | Page 34

You Need Suspenders AND Belts When It Comes to Technology Social media, email, Google – it all counts. The 24/7, 365 holiday party and behavior seen on Facebook is the same behavior that occurred 10 years ago except now it can be shared with thousands or millions of people in an instant. The old thought of “my time, my business” doesn’t apply anymore. In Employment Law Concerns Arising Out of Technology John Baggi, partner at Bond, Schoeneck & King, PLLC, shared stories and laws regarding employee use of technology. A social media policy will raise awareness and define clear expectations. It also allows you to manage staff based on the policy, but enforcement must be consistent. In the policy you must define social media and give examples; define limits of use; and whether staff are allowed to access it on “working time.” Develop a separate social media policy and update it now with your labor employment lawyer. It’s a must. Be proactive You can mistakenly make the assumption “on working time, with employer equipment – it’s the employer’s property,” but can your staff block you out of your organization’s online account? You bet! Look at your policy, if it’s three years old isn’t compliant. If employees use their personal information/Facebook account to post and establish your account, and they leave your organization, they can take your Facebook presence with them. Once they take it, it’s not easy to get it back. 33 1) Make sure the account is established using a work email; reclassified as non-exempt and the rules about work and working hours are changing. 2) The account should identify the employer not the employee; Wage and hour concerns will be on everyone’s radar this fall. As of December 1, 2016 some supervisors who were exempt become nonexempt. Staff who are in a supervisory role but are considered non-exempt may find themselves in muddy waters with regard to working hours. Working time is any time an employee is “suffered or permitted to work” according to the Department of Labor. With policies in place, you can outline work and what is expected for your exempt and non-exempt employees. Remember, if you know or should have known the person is working – it is considered work. 3) Staff must be required to disclose the password whenever asked; 4) The account must have multiple administrators (at least three); 5) The expectations as to who owns the account must be clear. We strongly recommend you develop and adopt a Technology Use Policy as soon as possible. Cover everything in the scope, including permissible and impermissible uses, and personal use of company equipment, and whether it can be used on company time. Previously exempt employees will soon be Don’t feel paralyzed by the changes in the law, be informed and consult your legal counsel for more information. Adviser a publication of LeadingAge New York | Summer 2016