At last week’s SHRM Conference here in Atlanta, I was shocked to learn how many attendees had not embraced social media as a means of expanding their personal network, learning from their communities, and taking advantage of workplace management opportunities.

From our booth we passed out our amazing  (if we do say so ourselves) Twitter 101 piece, which included the “Top Ten People to Follow in Social HR,” and while a few passers-by were delighted with the info, some pulled away from the printed handout like it was a snake.  Some looked at me scornfully and said things like “I seriously doubt I need to follow ANYONE on Twitter,” or “I don’t tweet” – much in the dismissive-yet-astonished way one might say “I would NEVER sleep on the streets!”

Clearly tons of people in HR ARE using Twitter. I saw thousands of tweets on my feed alone last week detailing SHRM sessions, offers, and, yes, late-night parties.

So what’s with the attitude? People still think that Twitter is about “what I had for breakfast” (toast with peanut butter – thanks for asking) – the perception among the uninitiated is the information on Twitter is superficial drivel, perhaps useful for attracting legions of teenage fans.

Well, that perception is dead wrong. Like any tool, the value of Twitter is in how it is used. Businesses are using Twitter and other social media platforms to create a new kind of mutually beneficial relationship with their customers, resulting in improved transparency, better service, and greater personalization of the consumer experience.  In the words of Doug Ulman, President and CEO of Livestrong: “Social media is worth celebrating because it gives us all a voice.”

What’s your company’s experience with social media? Changing your world or not so much? Let us know in our 2012 Social Business Benchmarking Survey. It’s a 4-minute survey about your social experience. All takers receive a free report on the results so you can keep up with what your peers in business are doing, AND will be entered into a drawing for a Kindle Fire to be held the week of July 23.

The post The Value in Using Twitter appeared first on Think, The Blytheco Blog.

Yesterday I attended a session at SHRM entitled “Social NOTworking,” hosted by Jody Katz Pritikin, attorney with Proactive Lawsuit Prevention. It was an eye-opening look at recent case law on the topic of workplace social media use.

Jody gave the audience some astounding examples of abuses of social media at work and privacy violations, but she left us with some good advice on creating your own social media policy.

A few tips:

For a complete list of tips and suggestions for better developing your social media policy, click here.

Set the ground rules early and clearly. What do you want your employees to know about how or why social media can be used in your workplace? Create a values statement about your company’s approach to social media, and establish employee ownership of responsibility for their actions. Define what’s expected and appropriate for your specific situation.

Define who owns what. Significant legal questions revolve around the ownership of social media accounts and passwords, including legal ownership of ‘followers’ or ‘friends’, and use of servers, equipment, devices, and systems used to manage social media. Define all of this carefully and specifically in the policy.

Get your employees involved in creating the policy. This accomplishes two things: it helps staffers feel ownership over the policy AND provides the diversity of perspective needed to round out your policy.

Update your policy every 6 months. Yes, it’s a lot to do, but with case law changing so quickly, it’s a must.

Not sure how your company can benefit from a social media marketing strategy? We’re not lawyers, but we know marketing. For starters, join our Twitter for Business Webinar today with Apryl Hanson. Or sign up for the rest of our Summer Marketing Webinar series.

The post #blyDEA No. 34 – Develop a Social Media Workplace Policy or Else appeared first on Think, The Blytheco Blog.

If you are just getting started expanding your company’s reach on social media, wouldn’t it be helpful to know what other companies like yours are doing?

Find out what companies in our community are up to and what they are planning – with the Social Business Benchmarking Survey.

Take our survey before July 20. All respondents will get a free copy of the Survey Report with a complete breakdown of social media attitudes and activity by industry and job function.

Best of all respondents will also be entered for a drawing for a Kindle Fire!

The survey takes approximately 4 minutes.

Want a look at last year’s survey report? Click here.

Going to Sage Summit this year?  You can also get your free copy of the report there. 

The post #blyDEA No. 36 – Know Where You Stand, Win a Kindle Fire appeared first on Think, The Blytheco Blog.

Here’s the latest:

1.            Fun with FMLA – How does an employee who is not eligible for FMLA make a viable claim for FMLA interference and retaliation?  By showing that while the request for time off (for impending motherhood) was made before she had 12 months with the employer, the anticipated start of leave would occur after her one-year anniversary.  Pereda v. Brookdale Senior Living Communities (11^th Cir. Jan. 2012).  In denying the employer’s motion for summary judgment, the court observed that FMLA requires employees to give advance notice of foreseeable leave and if they accepted the employer’s argument, it would create a loophole that would allow employer retaliation with no recourse for the fired employee.  The regulation is quite clear  . . . “The determination of whether an employee has worked for the employer for at least 1,250 hours in the past 12 months and has been employed by the employer for a total of at least 12 months must be made as of the date the FMLA leave is to start.”  29 CFR sec. 825.110(d).

2.            Flush With Cash – A 36-year employee of American Standard is in the money, now that an appeals court upheld an award of more than $200,000 for FMLA interference and reversed the lower court’s denial of liquidated damages (effectively doubling the money) by finding that the employer had not acted in good faith.  The administrative process that tripped up this employer was a change from a calendar-year to a rolling-year basis, when calculating individual FMLA eligibility, without adequately communicating the change to the affected employee.   Under the prior method, his absence due to shoulder surgery in the spring was entirely protected under the FMLA. Under the new method, his 12 weeks of job-protected leave ran out a few days before his return to work (since a FMLA leave in autumn of the prior calendar year was within the rolling 12-month period).  It did not help the employers cause that the employee received written approval of both the FMLA leave and the return-to-work date from HR and he had no “actual notice” of the changed policy.  Thom v. American Standard Inc. (6^th Cir. Jan. 2012).

3.            How Low Can They Go? – Employers have been observing, in dazed wonder, as the NLRB has treated employees’ disparaging remarks about the company, customer, bosses and co-workers via social media as protected activity under Section 7 of the NLRA.  On January 25, the NLRB issued a second report on this topic, explaining its views on employer policies and terminations of employment relating to employees’ use of social media.  The Operations Management Memo was prepared by the Board’s Acting General Counsel and covers 14 cases, showcasing outcomes where the employer was found in violation of the NLRA as well as instances where no violation was found.  Check it out at www.nlrb.gov/news/acting-general-counsel-issues-second-social-media-report. The cover letter contains a link to the first report, in case you missed reading it last August. Read together, they provide a decent roadmap toward avoiding overreactions to employee grumblings and overbroad policy statements that might get you an unwelcome invitation to chat with the Board.

4.            Mama Mia! – Texas Dep’t of State Health Services amended its “Register of Mother-Friendly Businesses” regulation, to offer new silver or gold designations to businesses that take extra steps to meet the needs of breast-feeding moms while they are at work.  Explanation of the standard is at 25 TAC 31.1 and the application form is available at www.dshs.state.tx.us/wichd/lactate/mother.shtm.  For you government contractors who are working on your written affirmative action plans, this is a “good thing” you can list as part of your Action Oriented Programs that support women at work.

5.            Don’t Forget GINA – Employers may continue to use FMLA Certification of Health Care Provider forms (i.e., WH-380-E for employees, WH-380-F for family members) that expire Jan. 31, 2012 but if you do, add the GINA safe harbor language which informs employees and their health care providers that they should not provide genetic information when completing the form.  Here’s the blurb:  “The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law.  To comply with this law, we are asking that you not provide any genetic information when responding to this request for medical information.”  While you do not need to explain what “genetic information” includes as part of this form, employers should understand that the GINA definition is very broad, to include genetic test results, disease/disorders of family members, request/receipt of genetic services, participation in clinical research and even genetic info of a fetus carried by a family member.

6.            Private Eyes –A recent Supreme Court decision that the 4^th Amendment’s ban on search and seizure was violated by monitoring an individual’s movements via GPS attached to the underside of her car (where the observer was the government and the observed was a criminal defendant’s wife) may not catch the eye of private sector employers, but it should.  United States v. Jones (S. Ct Jan. 2012). While it’s true that private sector employers don’t take “state action” and are generally not subject to the 4^th Amendment prohibition, the varying way the Justices explained their holding opens the door for a similar ruling on the private side of fence, using trespass or invasion of privacy arguments in lieu of the Constitutional argument.  So, before you use cell phones, laptops and/or GPS on company cars (and especially if such monitoring will encompass employees’ nonwork movements after the workday ends), talk to your counsel.  Consider announcing the monitoring (vs. doing it on the sly) and disclaiming, via policy, employees’ expectation of privacy. But if you’re in CA, forget about it!  They have a statute which prohibits installation of a tracking device on a vehicle without the vehicle owner’s/lessor’s consent.

7.            Hiring Policy Fizzes Out – Pepsi Beverages (fka Pepsi Bottling Group) agreed to pay $3.13 million and provide job offers and training to settle a claim that its background checking procedure, specifically the criminal inquiry, had a disparate impact on Black applicants for jobs. As part of the settlement with the EEOC, the employer revised the policy which had denied consideration of those who had been arrested pending prosecution and those who had been arrested or convicted of certain minor offenses. The EEOC reiterated its long-standing advice of avoiding blanket refusals to hire based on arrest/conviction history and instead consider the nature/seriousness of the offense, the time that has elapsed between the offense and the application for employment and the relation of the type of offense to the nature of the job being sought. States and cities are jumping on this “don’t ask” bandwagon, too (see 11.2 below), so your policy/procedure may be due for an overhaul.

8.            Ax the AAP? – Some healthcare service providers may no longer be subject to affirmative action plan (AAP) requirements, thanks to the National Defense Authorization Act (NDAA) which took effect Dec. 31, 2011.  OFCCP had taken the position that hospitals, pharmacies and other healthcare service providers who contracted with TRICARE (a DOD insurance program for active duty and retired military personnel and their dependents) were subcontractors as defined under E.O. 11246, the Rehab Act and VEVRAA.  Flash forward to passage of the NDAA, which expressly carves out those same healthcare service providers from the OFCCP’s jurisdiction.  Those same requirements may apply to you via other means (e.g., receipt of Medicare funds) so check your contracts carefully before axing your AAPs.

9.            Simply the Best – My hat’s off to the many LB4HR subscribers honored in Fortune magazine as “The 100 Best Companies to Work For!”

http://money.cnn.com/magazines/fortune/bestcompanies/2011/full_list/

10.         Gentle Reminders –

• January 1 – New E-Verify mandates took effect for certain employers in AL, GA, LA, SC and TN
• January 1 – State minimum wage rates increases in AZ ($7.65), CO ($7.64), FL ($7.67), MT ($7.65), OH ($7.70), OR ($8.80), VT ($8.46), WA ($9.04); municipal minimum wage rate increase in San Francisco, CA (to $10.24/hour, the highest rate in the U.S.)  You can find a complete chart of state minimum wage rates at www.dol.gov/whd/minwage/america.htm
• February 1 - If your company is subject to OSHA recordkeeping requirements, your 2011 summary of workplace injuries and illnesses should be posted, using Form 300A, on February 1 and remain up until at least April 30.  The Injury and Illness Report (Form 301), the Log of Work-Related Injuries and Illnesses (Form 300) and the Summary of Work-Related Injuries and Illnesses (Form 300A) should be kept on file for five years, so don’t toss last year’s info.  For more info, go to www.osha.gov.

11.         Stated Differently – Here are some hot topics for you multi-state employers:

•  Indiana – The House and Senate have approved legislation which would make IN the 23^rd “right to work” state, and the first one to do so since OK went “right to work” 12 years ago.  To read more about the right to work movement and see which states are and aren’t, go to www.nrtw.org.
• Pennsylvania (Philly) – Eff. Jan. 13, it is unlawful for an employer of 10+ employees to inquire about or require an applicant to disclose any criminal convictions during the application process and first interview.  It is also unlawful for the employer to knowingly and intentionally inquire about, require a person to disclose, or take any adverse action against any person on the basis of an arrest or criminal accusation not pending against the person and that did not result in a conviction.

Audrey E. Mross

Labor & Employment Attorney

Munck Wilson Mandala LLP

amross@munckwilson.com

www.munckwilson.com

#BlythecoLove 

Used by permission – Legal Briefs for HR (“LB4HR”) is provided to alert recipients to new developments in the law and with the understanding that it is guidance and not a legal or professional opinion on specific facts or matters.  For answers to your specific questions, please consult with counsel.

The post What You Need to Know for Feb. in Human Resources and Employment Law appeared first on Think, The Blytheco Blog.

Earlier this week I wrote about the importance of team-building activities and about an event that we had in Orange County.  Other members of the Blytheco marketing team decided to share their perspectives about their experiences below.  I think we can all learn from these anecdotes. Especially during this Thanksgiving and upcoming holiday season!

Dori, Head of Public Relations, wrote:

 ”TEAM…..Together Everyone Achieves More

This was so demonstrated at a recent Team Building Exercise performed by the Blytheco Marketing Department.   Mirroring the Food Networks’ show “Chopped”, teams of two were randomly picked for a total of 5 Teams.  Prior to the start whistle, Blytheco aprons and chef hats kicked off the challenge inspiring all of us to just have fun!  With a time limit of one hour and five bags filled with different food items, the duet teams launched into fast and furious creative dishes, slicing and dicing, cooking and plating.  The competition was judged on 1) Originality; 2) Presentation; and 3) Taste.   As the clock wound down to the hour cut off, the buzz of the kitchen and the delight of the participants jabbing one another (all in good fun of course) was at its height.   “Ding, Times Up, Step Away from your dish”.    A sense of relief was felt by all, yet the camaraderie filled the room.  Not only were we all co-workers (including the CEO of Blytheco, Stephen Blythe), but now we were enjoying a friendship that was developing over a very intense and unique competition.  Comedian Victor Borge stated  “Laughter is the shortest distance between two people”….wouldn’t it be great if there was more laughter in this world?     This team building experience was a blast and I can’t wait to do it again!

‘Individuals play the game, but Teams win the championship!’”

Ginger Kittinger, Lead Development Manager, wrote: 

“It was a great week and I feel we got a lot accomplished.  I think the best part of the whole thing was connecting on a personal level.  In this day and age of electronic communication, it is very easy to depersonalize your interactions – email and telephone are the most used technology and you can forget there is a human-being on the other side sometimes.  Getting together to plan for 2012 as a group in one location really changed the dynamic of it all.  We were able to break off into small groups and work on special projects/exercises together and it gave us a chance to work with other team members we may not normally interact with.  It also made someone like me (who can be a bit impatient and insensitive at times) realize I need to sit back and listen a little more and be aware of other people’s feelings.

I feel our team got much closer last week and with the creative minds we all have – that will help us all produce even more amazing marketing campaigns for Blytheco.”

Apryl Hanson, Director of Client and Partner Relationships, wrote:

“ When creating team-building events (particularly when people are physically meeting for the first time), you want to push people out of their comfort zone so that they aren’t doing the same old thing, but do so in a comfortable environment so that no one feels that they are too out of place. Find out what your teams likes and dislikes are and know that before you start planning something that would be too far removed from the group to work.

When working on my team building event for our latest marketing planning meeting, I knew that I had several “foodies” in the group that loved to work with food and eat it. I did a little investigating to make sure what people’s foods likes and dislikes were and I created a “Chopped” event where teams of two people would be teamed together (randomly) and open up their “bag” of ingredients. We had a pantry of items that could be used, a timeframe in which these creations had to be completed, and nothing but success to look forward to. The end result — we sat down as a team and ate our prepared meal together.

Why is team building important? Well, you need to have fun at work, but you also need to bond with those that you work with. We spend more time with those that we work with that we do our families in some instances, and in fact, your co-workers can be considered family. I know that our team walked away from spending time together with a bigger sense of who our work family was and how we could play to each others’ strengths and minimize weaknesses that we had as a team. Importantly too, to avoid things like finger-pointing and blaming in a team, it is important for everyone to understand each other’s personality types and strengths and weaknesses. If you know that someone is better at a certain task than another person, to be successful, use the right person for the right task. Everyone will be much happier.

But I must say, I’m grateful for my coworkers, and after the event, I can especially say I truly LOVE my team!”

Alicia Anderson, Marketing Specialist, wrote: 

“Can I just say I never win anything? It’s true. Nada. But last week at our Marketing Department Live-and-in-Person Meeting in Laguna Hills, I won the Chopped cooking contest. Well, it wasn’t just me. Genius Cheese Grater Greg Went and I have always made a good team when it came to work. We watch out for each other and we laugh at each other.  I guess our teamwork doesn’t end with work – this dynamic duo kept it real with some hardcore broccoli casserole and green beans and took home the trophy.

What makes some people so easy to work with and others a challenge? About 80% of that comes from pure personality. We are all oriented differently from the womb. Awareness is the key. Understanding your own strengths and weaknesses is the first step. It helps you play up what you’re good at while also knowing when you need to seek help.

Understanding others is even more critical – especially if you work as closely with a team as we do. Those people who challenge you are not just out to get you – it’s nothing personal. They are just coming at situations with a totally different perspective.  The more clarity you can get on your team’s personalities, the easier life is.

Take this test for a clue to your personality. This is just one type of test – I also like Meyers-Briggs, though it is more time-consuming and detailed (perfect for the Analytical type – ahem – me).”

Greg Went, Head of Graphic Design, wrote:

“How do you build a team?  How do you foster creativity?  How do you funnel great ideas into a coherent action plan?  I have to say the first and foremost thing is communication.  How does that happen?  By getting your team together and creating an experience.  How can you forget getting forced out of your comfort zone and thrust into a situation that turns out to be a truly enjoyable learning experience?  You don’t.   I’m still telling people around me about it.

Our team of ten was split up into pairs by the picking of 20 paired  playing cards and a whole adventure was about to begin.   We were then given cooking ingredients that we did not have any say in.  Then we heard, “make something in one hour or die” (ok, that is exaggerating, but at the time, it is what it sounded like).  We had one hour to make a culinary masterpiece (again with the exaggeration but…) that would be judged on originality, presentation, and above all taste.  Adrenalin started pumping, ideas started flying, (you begin looking up ideas on your Android. Call mom?) and you start communicating, collaborating and capitalizing on all that energy with your team.

In retrospect, it is really easy to see the flow that takes place during the creation of a team-building exercise or in this case, a Chopped cookoff: 1. Pick a team, 2. Assess the resources (2b don’t panic), 3. Brainstorm, 4. Make a plan that you can stick with to the end, 5. Communicate with your team while you are creating (which I am horrible at by the way – I’m still learning) 6. Present your creation and 7. Bask in the glory of your winning creation and achievement!  Ok, they are not all always going to be winning creations or achievements, but learning experiences nonetheless.  It is what you do with that experience at the end of it that matters.  By the way, my partner Alicia and I just happened to win though! J Thanks again Apryl for sticking that bar of Pepper Jack cheese in the ingredient bag, it was the ringer.  Who would have thought putting Pepper Jack cheese along with Cheddar cheese in a broccoli cheese casserole  would be so darn good!  If you ask nice, Alicia and I just might share the recipe with you!  Cheers!”

Blytheco Team and CEO begin to prepare meals

Food brings people together.  It’s always been said.  Enjoy your Thanksgiving holiday, your meals, and remember to cultivate not only your appetites but your relationships as well!  Happy Holidays!

The post Thanksgiving: A Diary of Cooking and Team-Building Success appeared first on Think, The Blytheco Blog.

WELCOME to the MONTHLY EMPLOYMENT LAW LEGAL BRIEF FOR HR.  HERE ARE SOME “TRICKS and TREATS” in STORE for EMPLOYERS:

• No Need to Post . . .  Yet – The National Labor Relations Board (NLRB) has delayed the deadline for posting a new employee rights poster, from November 14 to January 31, 2012.  The Board’s announcement says the reason is to provide more time for employer education about the requirement. Others say it has more to do with several pending lawsuits that question the legality of the posting requirement.  Stay tuned.

• All Together Now – The U.S. Dep’t of Labor (DOL), the Internal Revenue Service (IRS) and eleven state agencies in CT, MD, MA, MN, MO, UT and WA entered into a Memorandum of Understanding (MOU) to pool their resources in order to ferret out employers who misclassify workers as independent contractors rather than employees.  The announcement was light on details as to how they will achieve the desired result of ensuring that workers get minimum wage, overtime, unemployment comp and workers comp benefits while the government gets a more reliable income stream from taxes.

• Wolf in Sheep’s Clothing? – On September 21, IRS announced its Voluntary Classification Settlement Program (VCSP) which allows eligible employers who misclassified workers as independent contractors to enjoy a sort of amnesty for their prior mistake, by simply reclassifying the affected class of workers, treating them as employees going forward and paying 10% of the taxes owed for the most recent tax year.  Sounds simple, but consider [1] how will you define the affected “class” of employees; [2] the amnesty applies to IRS liability but provides no shield against related claims from other federal and state agencies; [3] you just admitted to an error that will be of interest to those other agencies; and [4] per the MOU mentioned above, a lot of these agencies are now working closely together and sharing information, upping the likelihood that one or more of them will come a callin’.   For details, see Announcement 2011-64 and/or IR-2011-95 at www.irs.gov.

• More Misclassification Misery – California Governor Brown is expected to sign Senate Bill 459 any day, triggering a costly penalty to any person who willfully misclassifies a worker as an independent contractor.  The underlined language is troubling since it appears that not just the employer but individuals, such as managers or HR staff with responsibility for classifications, could be found personally liable for the civil penalty of between $5000 and $15,000 per misclassification (sweetened to the $10,000 to $25,000 range, per violation, if a pattern or practice of violations is found). Also troubling is the broad definition of a “willful misclassification” as “avoiding employee status for an individual by voluntarily and knowingly misclassifying that individual as an independent contractor.”

• Cell-abration – The IRS provided many employers with a sigh of relief via September 14 guidance on the tax treatment of employer-provided cell phones.  The nagging question has been whether employees needed to keep detailed records of business vs personal use of their Company-issued phones, in order to satisfy the record keeping requirements for nontaxable fringe benefits.  The new guidance explains that the phones are excludable from the employee’s income as a working condition fringe benefit when provided primarily for non-compensatory business reasons, such as when the phone is provided  [1] because of the employer’s need to contact the employee at all times for work-related emergencies; [2] the employer requires that the employee be available to speak to clients at times when the employee is away from the office; and [3] the employee needs to speak with clients located in other time zones at times outside the employee’s normal work day.  Reasons that won’t fly are if the phone is a “perk” of the job, such as to attract and retain employees, to promote morale or good will or as a type of added compensation. See IRS Notice 2011-72 for full text of the guidance, at www.irs.gov.

• The Greta Garbo Accommodation – “I want to be alone.”  That was the requested accommodation of an employee with post-heart surgery severe depression, under the Americans With Disabilities Act (ADA).  Specifically, he asked that he be allowed to work from home for two months and have “no direct person to person contact and definitely none with [my] previous co-workers” in particular his two supervisors.  The court held the request was not reasonable.  No bossectomy for you!  Thelig v. United Tech Corporation, Pratt & Whitney Division (2nd Cir. 3-11).

• Protect Your Good Name – A new domain (.xxx) is coming to Internet for use by the adult entertainment industry and if you don’t want your organization’s name to be tied to that genre, you need to step quickly to block use of your registered marks.  Opt-out applications are being accepted from non-members of the Adult Sponsored Community from Sept. 7 to Oct. 28 and the new .xxx marks will be available on a first-come, first-served basis on December 6.  If you don’t mind your company’s name being followed by an “XXX” and taking the user to an, ahem, adult site then never mind.

• Spam Blocker – Here is an interesting use of the Computer Fraud and Abuse Act (CFAA) which has been mentioned in prioreditions of LB4HR.  In this case, a peeved labor union, LIUNA, encouraged its members to inundate an employer’s email and voicemail with thousands of messages relating to recently discharged employees.  The employer sued under the CFAA, which prohibits knowing transmission of a program, information, code or command which as a result of such conduct intentionally causes damage, without authorization, to a protected computer.  The lower court said “no violation” but the appeals court said both damages and intent were established.  The company was damaged because the tsunami of messages gridlocked their communications capacity resulting in “diminished ability” and the intent to damage the company was clear in the union’s call to arms, even if it was unaware of the consequences of its act. Pulte Homes v. Laborers Int’l Union of North America (6^th Cir. Aug. 2011).

Stated Differently – Here are some hot topics for you multi-state employers

1. 1. Delaware – The Delaware Workplace Fraud Act already imposes penalties on employers who misclassify workers as contractors in the construction services industry.  Two bills are pending to [1] expand the scope to all employers in the state and make individual business owners jointly and severally liable for violations (HB 221); and [2] to allow the Delaware DOL to publish a list of violators (HB 222).
   2. Illinois – Effective August 26, 2011, IL amended its Human Rights Act to add pregnancy, childbirth or related medical conditions as protected categories under this nondiscrimination in employment law.
   3. Seattle, Washington – The City Council mandated paid sick leave for employers of five or more employees, beginning Sept. 1, 2012.  There are three tiers of accrual rates, tied to the size of the business, with provisions for carry-over of unused days and caps.  Employees are eligible to accrue upon hire but may not use accrued days until after 180 days on the job.  There is no cash-out upon termination of employment.  Sick leave can be used for personal illness, illness of a family member or time off related to domestic violence.  Other cities with paid sick leave mandates are San Francisco, Washington DC and Milwaukee, WI.  Denver voters will decide on a similar initiative, this November.
   4. California – Employers may force use of employees’ PTO for end-of-year shutdowns, such as for retooling manufacturing facilities, but only if affected employees were given the greater of 90 days or a fiscal quarter of advance notice.  If the requisite notice is not given timely, employers can allow the use of PTO during shutdowns but cannot force it
   5. Colorado – An appeals court sided with an employer who fired an employee and protested the employee’s eligibility for unemployment comp benefits, where the reason for discharge was a positive drug test for marijuana during working hours.  The employee countered that he was approved for “medical marijuana” and that such use was protected by state law.  The lower court agreed with the former employee, but the appeals court sided with the employer noting that the state law protects individuals from criminal prosecution for marijuana possession and use but does not preclude them from being denied unemployment benefits based on a separation from employment for testing positive for marijuana in violation of the employer’s drug policy.  Beinor v. Industrial Claim Appeals Office ( Colo. Ct. App. Aug. 2011).

Legal Update for HR is provided to alert recipients to new developments in the law and with the understanding that it is guidance and not a legal or professional opinion on specific facts or matters.  For answers to your specific questions, please consult with counsel.

The post New Employment Law Info: NLRB Delays, The IRS in Sheep’s Clothing, and Medical Marijuana appeared first on Think, The Blytheco Blog.

The SHRM (Society for Human Resource Management) 2011 Annual Conference and Exposition is the year’s biggest event for HR pros – this year’s conference features Michael J. Fox, Arianna Huffington, Keith Urban, and tons of useful sessions and important resources to help you strategize for today’s business environment.

We’re helping you get there for FREE. Visit our website for your FREE Exposition Pass to SHRM – a $110 value!

June 26-29, 2011

Las Vegas Convention Center

Las Vegas, NV

Blytheco is in Booth 2663 – come see us!

The post Join Blytheco at the SHRM 2011 Annual Conference and Exposition appeared first on Think, The Blytheco Blog.

Even felines access social media

Earlier this week, we discussed the current prevalence of social media in commerce and its current importance to business prosperity and functionality.  We also discussed the legalities of designing a social media workplace policy.  Now, we’re going to delve into the Do’s and Don’ts of designing an appropriate social media workplace policy for your office or business.  It is critical for many leaders to understand that social media isn’t going anywhere, and it is best to adapt to the evolution instead of resisting.  Here are a few suggestions:

Do’s

• Create a policy that encourages the appropriate use of social media.  Your employees are usually your biggest evangelists and if allowed to speak organically, will often increase positive recognition of your brand by others
• Decide the overall purpose of your social media policy and how it relates to other company policies.  A social media policy can often be used to strengthen other policies such as external/internal company communication and various human resource policies
• Be sure to be clear about social media use in the work place.  Many companies’ policies refer broadly to using social media and often fail to differentiate between work and personal use.
• Make sure to refer to your company’s confidentiality agreement, which often supersedes company communication policy.  While it may be ok to post things on Facebook or Twitter outside of work, it is never ok to post trade or company secrets in any form of communication.
• When wording your social media policy, be sure to use non-restrictive terms that allow for the constant changes in social media.  You don’t want to be stuck with a policy that becomes frequently outdated.

Don’ts

• Do not develop a social media policy without first reviewing all federal and state laws as they relate to your company’s location.
• Do not discipline an employee for violating your company’s social media policy until first consulting with an attorney.  As  social media is consistently changing, so are the laws involving it.
• Do not view private social media content without permission.  Viewing someone’s private profile [by method of hacking, coercion, password theft, etc.] without their expressed permission is not only a violation of privacy, it can also open the door to a myriad of discrimination lawsuits as profiles usually contain a massive amount of personal information
• Do not develop policies that in any way prohibit an individual’s freedom of speech outside of the workplace
• Do not develop a social media policy that deters employees from or frightens employees into not using its resources.  Social media has quickly become an everyday part of many lives and reports indicate that companies with restrictive social media policies are often struck with low employee morale.

In the realm of social media, it is important to be proactive and adaptive as opposed to reactive.  It is also important to create a comprehensive policy of social media or an individualized plan for each department as employees and departments have different functions.  I.E. It may be appropriate for the Marketing team to log on to Facebook at work, but not the Finance team.  It is also crucial to not exclude any employee from the policy, but to design logical inclusions that are not overly restrictive.

The post Social Media Workplace Policy Part II: Do’s and Don’ts appeared first on Think, The Blytheco Blog.