The Employer Handbook Blog

Well, that didn't take long.

Late last month, I reported on a bill that had been introduced in the U.S. House of Representatives, known as the Social Networking Online Protection Act (SNOPA), that would prohibit employers, schools, and universities from requiring someone to provide a username, password or other access to online content.

Now, it's the U.S. Senate's turn to get in on the act with its own password bill. Plus, after the jump, I'll have an update on similar legislation winding its way to Governor Christie in New Jersey...

Continue reading "U.S. Senate now has its own FB password bill; NJ nears similar ban " »

Yesterday, I gave my social media in the workplace spiel to a great crowd in Hershey, PA, at the Banyan Consulting 12th Annual Conference. Not surprisingly, the majority of questions posed involved the attention that the National Labor Relations Board has paid to social-media-related employee discipline. And that reminded me that a case I discussed earlier this week, the one involving overly-broad handbooks policies that restricted employee discussions of wages, had a second component worth discussing; namely, an unlawful Facebook firing. More after the jump...

Continue reading "A Facebook firing? An employer in hot water? Ya don't say..." »

If only I had a nickel for every time someone asked me, "How do you have time to blog every day?" The answer is simple: Jolt Cola Juleps and rogue Keebler Elves I just enjoy writing. But even so, it can get tiring sometimes.

I was discussing this with a few HR blogger friends over dinner a few Fridays ago. They empathized. And then, I smiled, as whatever the opposite of writer's block is overtook me faster than a fat kid at a cake buffet:

I'll just do a post called "That's what she said."

Boom! Plagiarism! Double entendre + less work for me = one happy blogger dork.

I've struck gold...after the jump...

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Continue reading "That's what she said: A hairy religious discrimination claim is settled" »

Two quick updates for you today; one labor, one employment.

Word has trickled in that the U.S. District Court for the District of Columbia held a conference call with lawyers from the National Labor Relations Board, the U.S. Chamber of Commerce, and the Coalition for a Democratic Workplace, and informed them that the Court would rule by May 15 on a pending challenge to the NLRB "quickie" election rule changes. You can view those rule changes in this post I did last week.

And in case you missed yesterday's post on new federal legislation that would bar employer demands for online passwords, be sure to check it out. Late in the day, I scored a copy of the bill, known as Social Networking Online Protection Act (SNOPA), and added a link. We know now that employers that violate the law will be subject to civil fines of up to $10K. The Secretary of Labor may also seek injunctive relief. However, the federal law does not mention a private cause of action for individuals.

Unlike the legislation passed in MD, there is no safe-harbor that would allow an employer to require or request that an employee provide the employer with access to a social media account to investigate, for example, an allegation that the employee downloaded the employer's proprietary data without authorization.

Additionally, the federal legislation would also prohibit grade schools and universities from getting social-media login information from students.

A few weeks ago, as reported here, Maryland became the first state to pass legislation that would ban employers from demanding that employees or job candidates turn over their social media passwords.

Could a federal law be soon to follow? Find out, after the jump...

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Continue reading "New federal law will bar employer demands for online passwords #SNOPA" »

It's Maryland. (Now if only they would do something about this).

Details after the jump...

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Continue reading "And the first state to ban asking for employee Facebook passwords is..." »

But, if you think they do -- maybe you read this article last week -- then I have a bridge in Brooklyn to sell you, sucker.

Come on! The sky isn't falling. Demanding social media access from employees and potential hires and is most definitely the exception and not the rule. And I'll set the record straight on this bad business practice after the jump...

Continue reading "Relax! Businesses don't want employee Facebook passwords." »

Early in my legal career, a colleague taught me the expression: pigs get fed; hogs get slaughtered. Essentially, be agressive. But push too hard, and you may lose it all.

Some PA companies require their new hires to sign an agreement requiring them to arbitrate any claims that arise out of the employment relationship. The U.S. Supreme Court has held that agreements requiring employees to arbitrate employment-related claims are ok. However, in Pennsylvania (as in other states), when those agreements are too one-sided, courts deem them unconscionable and, therefore, unenforceable.

So remember, pigs get fed; hogs get slaughtered. And thanks to a decision the Third Circuit Court of Appeals handed down yesterday, PA employers now have a better blueprint as to how to avoid unconscionable arbitration agreements. Details after the jump...

Continue reading "Arbitration agreement tips for PA employers from the 3rd Circuit" »

Over the weekend, I read this story by Laura Hibbard at the Huffington Post about a phony job flyer handed out by two men in red blazers posing as Chick-Fil-A employees [link to video] on the campus of New York University. The phony flyer states:

Remember Chick-Fil-A is a Christian company. We strive to have our values reflected in our employees. Please be prepared to discuss your religion, family history, personal relationships etc. upon interviewing. Chick-Fil-A reserves the right to question, in detail, your sexual relationship history. The Bible and Chick-Fil-A, define a traditional relationship as consisting of a man and woman. Anyone living a life of sin need not apply. The Chick-Fil-A Foundation. God, Family, Tradition.

The flyer and video have since gone viral. However, Chick-Fil-A, which has a stated corporate purpose to "glorify God by being a faithful steward of all that is entrusted to us," responded by posting on the wall of its Facebook Fan page (incidentally, 4,960,921 people "like" Chick-fil-A) that the flyer and video were BS. Given the company's religious leanings, the comments beneath Chick-Fil-A's status update are rather polarizing.

But since this an employment-law blog, there is an employment-law point to be made. Just because you technically can ask certain questions during a job interview, doesn't mean you should. Indeed, you may want to consider steering clear of these other 29.

But feel free to watch the vids below...

Because it'll cost you your job.

Dale Gibson of The Triangle Business Journal reports here that a waiter at The Angus Barn in Raleigh, NC posted on the internet a copy of Peyton Manning's credit card receipt from a recent dinner there. Manning may not have a job, but he tips like a boss! Not like Mr. Pink. (Go to YouTube and search for "Reservoir Dogs - Tipping Scene" -- you'll find a number of hysterical, albeit completely NSFW videos about tipping etiquette).

Back to Peyton, according to the TBJ article, once the owner of The Angus Barn learned about the check, she quickly fired the waiter. "This goes against every policy we have," said the owner. "It's just horrible."

Well, I don't know about every policy, but certainly the social media policy. Not a bad idea to include in that policy a guideline for employees to refrain from sharing information about customers that the customers themselves would not share with the world -- like patient x-rays, for example.

(h/t Jon Hyman)

In Pennsylvania, as in most states, an employee without a contract for a specific term of employment is deemed an at-will employee. Subject to certain exceptions (e.g., discrimination, violations of public policy), an at-will employee can be terminated for any reason or no reason at all.

How hard is it to overcome the at-will employment presumption? Pretty darn hard, as the Third Circuit Court of Appeals reminded us last week. More on this decision and some tips for employers after the jump...

Continue reading "Good luck overcoming the at-will employment presumption in PA" »

Recently, Glassdoor.com poured through thousands of interview questions and posted 50 that come up more often than not.

Here are the Top 10:

1. What are your strengths?
2. What are your weaknesses?
3. Why are you interested in working for [insert company name here]?
4. Where do you see yourself in 5 years? 10 years?
5. Why do you want to leave your current company?
6. Why was there a gap in your employment between [insert date] and [insert date]?
7. What can you offer us that someone else can not?
8. What are three things your former manager would like you to improve on?
9. Are you willing to relocate?
10. Are you willing to travel?

Glassdoor also listed 25 additional interview questions that are sure to blow your mind. These five would definitely freak me out:

1. "Are you exhaling warm air?" (Asked at Walker Marketing).
2. "How do you feel about those jokers at Congress?" (Asked at Consolidated Electrical).
3. "You're in a row boat, which is in a large tank filled with water. You have an anchor on board, which you throw overboard (the chain is long enough so the anchor rests completely on the bottom of the tank). Does the water level in the tank rise or fall?" (Asked at Tesla Motors).
4. "Does life fascinate you?" (Asked at Ernst & Young).
5. "Just entertain me for five minutes, I'm not going to talk." (Asked at Acosta).

According to this recent SHRM survey, only 18% of companies have used social media to screen job candidates. Most cite the legal risks of screening candidates as the reason for not implementing a social-media background check.

While a social-media background check may not be useful in certain instances, I can imagine many situations in which a company would benefit from checking up on candidates online before filling a job opening. Heck, consider that 89% of employers plan to use social media for recruiting this year.

Have I piqued your interest? After the jump, I'll offer some suggestions about how your company can safely run a social-media background check...

Continue reading "3 tips to guide a social-media check on your potential new hire" »

I'm in Las Vegas.

So, for today, Jane Smith has control of the The Employer handbook. Jane is a freelance writer and blogger. She writes about free background checks for Backgroundcheck.org. After the jump, check out her top 5 reasons employers give employees the boot. Questions and comments can be sent to: janesmth161@gmail.com

Continue reading "Top 5 Reasons Employers Give Their Employees the Boot" »

I read this on ZDnet yesterday:

Administrative Law Judge Ellen Bass has ruled Jennifer O'Brien, a first-grade teacher at School 21 in Paterson, New Jersey, should lose her tenured job, because of a Facebook comment she made about her students. O'Brien has been on administrative leave since March, which is when she posted her status update saying "I'm not a teacher -- I'm a warden for future criminals!" She claimed she wrote it out of exasperation after several students disrupted her lessons, one pupil hit her, and another stole money from her.

Bass said O'Brien "demonstrated a complete lack of sensitivity to the world in which her students live" and called her conduct "inexcusable."

My question for you, my brilliant readers, is what discipline, if any, would you have doled out to Ms. O'Brien? Sound off in the comments below...