Recently in Social Media and the Workplace Category

July 11, 2014

Survey reveals the top social media faux pas that doom job applicants

Call it a cheap way to increase my SEO -- Kim Kardashian Justin Bieber love child -- but I'm ending the week the way I started it: with another social media post.

Come you moths to my social media flame.

Ha Ha! Made you listen to The Bangles! Good luck getting that song out of your head. Maybe this will help. #Sike

So, while you curse me for planting kitschy 80's ballads in your head, check out the top ten social media red flags (according to a CareerBuilder survey) why companies are passing on job candidates:

  • 46% Posted provocative or inappropriate photographs or information
  • 41% Posted information about them drinking or using drugs
  • 36% Bad-mouthed their previous company or fellow employee
  • 32% Poor communication skills **Meyer curses survey**
  • 28% Discriminatory comments
  • 25% Lied about qualifications
  • 24% Shared confidential information from previous employers
  • 22% Linked to criminal behavior
  • 21% Screen name was unprofessional
  • 13% Lied about an absence

Among the worst social media content that employers had identified as candidate disqualifiers: (1) A social media profile included links to an escort service; (2) Posting a photo of one's own arrest warrant (although a sexy mugshot has been known to lead to a modeling contract); (3) Candidate had sued his wife for shooting him in the head.

But all is not lost for us social media dorks -- holla if you hear me! Survey says: social media can help separate you from the pack (in a good way, as opposed to a shot-in-the-head way) too. Among the common reasons employers hired a candidate based on their social networking presence are:

  • 46% Got a good feel for the job candidate's personality, could see a good fit within the company culture
  • 45% Background information supported their professional qualifications for the job
  • 43% Job candidate's site conveyed a professional image
  • 40% Well-rounded, showed a wide range of interests
  • 40% Had great communication skills
  • 36% Job candidate was creative
  • 31% Received awards and accolades
  • 30% Other people posted great references about the job candidate
  • 24% Job candidate had interacted with my company's social media accounts
  • 14% Job candidate had a large amount of followers or subscribers

Well, now I'm not sure if it's the "site conveyed a professional image" personal validation ** fart ** or the lingering sugar high from yesterday's Fluffernutter gorging, but I'm going to extend a final opportunity to snag a copy of my slide deck from my SHRM presentation, "Social Media: Practical Guidance from the Youngest Attorney in the Room." 

Send me an email, and the PowerPoint is yours.

Image credit: Imgur

July 9, 2014

Six degrees of Kevin Bacon, err, social media and the workplace

Work with me here folks:

  1. Late last month, I had intended to blog about this Idaho case, in which a nurse was denied unemployment compensation benefits because of a threatening Facebook post. But, Molly DiBianca at the Delaware Employment Law Blog beat me to it. You can check out her post here.

  2. Speaking of Idaho, that's right next to Montana, where you'll find the City of Bozeman. Ah yes, the City of Bozeman, the poster child for why states have enacted laws protecting employees from having to disclose social media logins and passwords. And the latest state to do so is Rhode Island. You -- yeah, you there in Providence -- can view a copy of the new law here.

  3. This flood of social media privacy laws was just one of the topics I discussed at my SHRM Annual session a few weeks ago. Last chance to get a copy of my slide deck. Just email me for it.

  4. Another subject we discussed was how to draft a "bulletproof" social media policy. Well, here's a post from Jason Shinn at the Michigan Employment Law Advisor about -- are you sitting down? -- an NLRB Administrative Law judge who broke tradition of throwing shade at social media policies long enough to actually bless one.

  5. What about your social media policy? Yeah, you! Does your policy address social media use "off the clock?" It should, because employee use of social media "off the clock" may still impact your workplace.

  6. And, finally, if you are curious about what the Americans with Disabilities Act says about employee medical information and social media -- who isn't? --  then check out Jon Hyman's post at The Ohio Employer's Blog.

Kevin Bacon, who I trust is reading this post, would be proud.

Image Credit: QualifyGifs on Imgur

July 7, 2014

Why employee use of social media "off the clock" may still impact your workplace

socialcollage.jpegA few weeks, ago I was speaking about social media and the workplace to a fabulous audience at the 2014 SHRM Annual Conference and Expo. (Email me if you want a copy of my slidedeck).

One of my session themes was that there is no such thing as employees using social media "off the clock." That is, even if an individual tweets or updates her Facebook status outside of the four walls of the workplace, that communication can still impact the workplace.

Dan Davis at IBM Social Business recently blogged about this, and another Twitter user described it as the "24/7 social media conundrum" Two recent incidents described below bear this out.

The complaining waitress and poor tipper, who just happens to be the waitress's Facebook friend.

First, is comes this report of a waitress at the Texas Roadhouse, who, on her own personal time, took to Facebook to complain about customer tips. For this outburst, she was fired.

The article, which is framed in terms of the employee's supposed "First Amendment Rights" cites criticism of the restaurant for taking action against the waitress, ostensibly because she should have the right to complain (or not complain) freely about her working conditions.

However, before you go an sympathetic on me, I should mention that it's not as if the employer were twisting it's proverbial handlebar mustache as it monitored social media for workplace gripes from employees.

No, in this case, the waitress stupidly complained on Facebook about a tip from an "a**hole" customer ... who happened to be one of her Facebook friends! The Facebook friend showed the post to the restaurant manager, which in turn, led to the waitress's termination.

Folks, this is no different than if the waitress had called the customer as a**hole -- to her face. Actually, it is, because not only did the waitress embarrass her Facebook friend, a customer of the restaurant, she did so publicly.

That's a terminable offense. Period.

The Opie and Anthony Show.

As a big Howard Stern fan -- Bababooey! -- I can't say that I'm too broken up over the news from last week that SiriusXM fired Anthony Cumia, of the Opie and Anthony Show following a vulgar, violent, racist, sexist Twitter tirade.

(Gawker has a NSFW recap here).

Yes, Mr. Cumia spewed on his own time. However, what was clearly not schtick, went very viral and became very public. So, SiriusXM decided that the was not the type of person it wanted to continue to employ.

Ignore "off the clock" social media rants at your own risk.

Do employees have the right to complain about work, either offline or online? In many circumstances, they do.

But, would you tolerate the type of behavior described in the examples above? If your response is something along the lines of "what employees do on their own time is not my concern," then, it's time to step into the 21st century. Because online communication is permanent, viral, and does not respect the brick and mortar you use to insulate your employees from the outside world.

Would you stick with a "what employees do on their own time..." line if one of your employees is offended by a Cumia-style rant read on one of your computers in your workplace?

And what if that rant was specifically intended for a co-worker? When one of your employees composes a racist tweet or a sexually-harassing Facebook post aimed at a co-worker, and the "victim" complains to a HR, it does not matter that the speech was off-the-clock. If the victim feels victimized at work, it's a workplace problem. So, treat it accordingly.

Otherwise, don't lose my number when the lawsuit gets filed.

June 26, 2014

Score? US Men's Soccer's permission slip so your employees can miss work today

I remember a high school classmate of mine who had his mom send in a permission slip to excuse him from missing school for the Philadelphia Phillies' home opener. Mom's note indicated that her son was suffering from "Vernal Flu." 

Get it? Vernal Flu = Spring Fever.

Pretty creative, huh?

The US Men's Soccer team is not impressed.

JurgenNote.jpg

Image Credit: @USSoccer on Twitter

UPDATE: Daniel Schwartz scooped me on this last night with "A Note from the U.S. Coach is a Great Idea, But Not a Good Excuse." NEWMAN!

June 20, 2014

Survey reveals the top workplace productivity killers (Hint: one rhymes with "mocial sedia")

And most of them revolve around technology.

According to a CareerBuilder survey, here are the top ten:

productivity.png

Now, on the flip side, it's easy to see how technology and, in particular, social media, could increase productivity in the workplace. Indeed, a 2013 Microsoft study, emphasizes how social media can improve collaboration and the speed with which information is shared.

We'll debate the pros and cons of social media in the workplace at my SHRM Annual sesh next week.

But, for now, how about a list of 11 hella-crazy things employees have seen co-workers doing when they should have been busy working:

  • Employee was blowing bubbles in sub-zero weather to see if the bubbles would freeze and break
  • A married employee was looking at a dating web site and then denied it while it was still up on his computer screen
  • Employee was caring for her pet bird that she smuggled into work
  • Employee was shaving her legs in the women's restroom
  • Employee was laying under boxes to scare people
  • Employees were having a wrestling match
  • Employee was sleeping, but claimed he was praying
  • Employee was taking selfies in the bathroom
  • Employee was changing clothes in a cubicle
  • Employee was printing off a book from the Internet
  • Employee was warming her bare feet under the bathroom hand dryer

I've seen the bathroom selfies on Facebook. Totally weird! What's the craziest thing you saw a co-worker doing in the workplace? Let me know in the comments below.

Image Credit: CareerBuilder.com

June 19, 2014

#SHRM14: Let's grab coffee (you're buying)

shrm.jpgAnd by coffee, I mean turkey legs and frozen blueberry-mango rum lemonade.

Whoa, whoa, whoa, slow down...

You see that badge over there? You know what I had to do to get that badge?
Buy the full version of Photoshop
Spike the Kool-Aid of everyone on the SHRM Annual Conference Speaker Selection Committee
I beat out thousands (trillions?) of other speaker submissions to be selected as a SHRM 2014 Annual Conference & Exposition speaker.

And, crew, I got selected to speak not once, but twice. Know what that means? ***Ducks Lucifer's pitchfork***  Say, is it just me, or do any of you smell sulfur?

It means that SHRM trusts me to speak intelligently about: (1) social media in the workplace; and (2) tackling leave issues under the FMLA/ADA.

That's a lot of pressure. Let's just hope I remember to wear pants. Pretty sure I can pull it off. (The pants and the presentations).

But otherwise, when I'm not speaking, Your Blogness is up for whatever; not in a Bud Light "Up for Whatever" kinda way. See, turkey legs, et al, supra. Rather, I'd like to meet some of my readers -- the ones that aren't crazy stalkers.

So, if you're not a crazy stalker, and you like this blog, and you're gonna be at SHRM14, then drop me a line, and let's plan some time to meet. I look forward to catching up.

See you in Orlando.

June 5, 2014

A lawyer is literally starving himself to raise awareness for social media firings

Thumbnail image for youarefired.jpgMeet Delaware lawyer, Brian Zulberti.

According to his website, back in 2013, after getting his DE bar license, Mr. Zulberti emailed every Delaware lawyer asking for information about job openings. In each email, he included this photo of himself in a sleeveless t-shirt.

Mr. Zulberti claims that this mass email, coupled with a subsequent story written in Above The Law, made him a "global internet sensation."

Although still licensed to practice law, Mr. Zulberti does hot have any clients. Instead, he recently launched his 2014 "Take Our Social Lives Back" Tour, which he describes as involving "meeting Americans all over the nation who are frustrated with employers stalking their social media accounts, destroying their social lives, and forcing them into conforming with outdated, conservative principles."

As part of this campaign, three days ago, Mr. Zulberti began a hunger strike.

[Cue music]

As I type this post on Wednesday night, Mr. Zulberti sits in front of the U.S. Supreme Court, where he has gone just over three days without food.

According to his website, the hunger strike will end in either "Coverage" or "Death." That is he claims that he will start eating again "When A Major National Television Network Agrees To Give Him 90 Seconds Of Prime Time, Weeknight Coverage."

Or he'll die.

Mr. Zulberti's message is simple: As long as they are not breaking the law, employees should be able to post what they want online -- including content that is "tasteless, hateful, or racist" -- without any workplace repercussions.

While I do believe that employees should enjoy a fair amount of latitude when it comes to online content, the problem is that this content can permeate the workplace. This could prove especially problematic where the online speech is "tasteless, hateful, or racist." Indeed, just because this speech may not technically violate the law, it could still impact how managers, co-workers, and customers perceive this employee and, therefore, adversely impact the business.

So, no. While I do admire Mr. Zulberti's zeal, I don't fully subscribe to his message.

What do you think? Let me know in the comments below.

June 3, 2014

Dust off that resume when your students really "like" that Facebook post of your face on a beer label

holyfacebook.jpgWhy, just last week, I was saying that the Facebook stupidity scale had shifted away from teachers in favor of bar/tavern staff.

I stand corrected.

For future reference, you can never go wrong with Vining the one-year-old slugger.

Image Credit: Facebook

May 30, 2014

For the love of God, bar owners! Train your employees not to liken beer to domestic violence.

Thumbnail image for Thumbnail image for facefire.jpg

I used to say that teachers were the most irresponsible Facebook user group. Now, I'm leaning towards the bar and nightclub industry.

Last month, a worker at a downtown Philadelphia bar displayed a Heineken chalkboard with the message "I like my beer like I like my violence... domestic." to attract customers.

But, instead of achieving its desired effect, a passerby tweeted the photo to a local news station and a major cluster of a poopstorm ensued, which culminated in the worker losing his job.

Lesson learned.

And then, yesterday, it happened again at a bar in Texas.

Now, as I best as I can tell -- anecdotally, mind you -- Texans aren't the brightest bunch (Exhibit A, B, and C). I say this because not only did the bar manager who posted this sign in a Plano, Texas bar not recognize the impact it could have on the bar's clientele, but according to Sarah Blaskovich in this story in the Dallas Morning News, other restaurant managers allegedly resisted erasing the chalkboard when a customer complained.

Instead, had they taken immediate action, maybe the sign wouldn't have been shared on Facebook and other social networks hundreds of times.

Lesson learned: Stupid is as stupid does.

PS - The bar manager eventually lost his job and gets to read about his story on this blog.

P.P.S. - I just read that this isn't the first time that this has happened in a bar in Texas. Moron in Texas, say "what?" However, the previously disgraced bar not only fired the sign author, but also agreed to contribute a percentage of October beer sales to the National Coalition Against Domestic Violence, in recognition of domestic violence awareness month.

So, there's that.

May 28, 2014

Two more states just made it illegal for employers to demand social media passwords

Thumbnail image for facelock.JPGWithin the past week, two states have passed laws, which will provide employees with more workplace protections.

Truth be told, I wasn't sure that the internet had yet arrived in either Oklahoma or Louisiana, the latter of which is still controlled by a French monarch, I'm fairly certain.

(But since Louisiana also has beignets and Mardi Gras, all is forgiven).

And, sure enough, Oklahoma and Louisiana not only have the internet, but social media too. Who knew?

So, here's the deal with these two laws.

In Oklahoma, this new law bans companies from requesting that current and prospective employees provide them with their online logins or passwords. It also prohibits retaliating against a current or prospective employee for failing to provide those login credentials. 

The exceptions to the rule on providing usernames and passwords are for accounts or services provided by the employer and certain workplace investigations. Additionally, an employer may review or access personal online social media accounts that an employee may choose to use while utilizing an employer's computer system, information technology network or an employer's electronic communication device.

In Louisiana, the new law is very similar. It also protects school students.

At least one report I read cited a lawmaker who claimed that these new laws are "designed to halt a trend of employers invading the online privacy of employees and potential hires." But, once again, no actual study was cited.

So, if anyone has any actual facts to supports to support this alleged "trend," here is as good a place as any to share them. Otherwise, I still contend that these laws are solutions, while well-intentioned, in search of a problem.


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If you're on LinkedIn, consider joining the discussion of news, trends and insights in employment law, HR, and the workplace, by becoming a member of The Employer Handbook LinkedIn Group. Tell 'em Meyer sent you.

May 16, 2014

Tennessee has a social media workplace privacy law now, y'all

Here are some Tennessee fun facts:

  • The city of Kingston served as Tennessee's state capital for one day (September 21, 1807)

  • There are more horses per capita in Shelby County than any other county in the United States.

  • Tennessee ties with Missouri as the most neighborly state in the union. It is bordered by 8 states.

  • The name "Tennessee" was chosen to support the pick-up line, "Are you from Tennessee? Because you're the only Ten I see."

And now Tennessee becomes the latest state to have a social media workplace privacy law.

You know the drill:

  1. No asking for employee or applicant social media passwords

  2. No forcing an employee or applicant to friend you

  3. No should surfing

  4. No adverse action based on the failure to do 1-3

The new law contains some exceptions to allow employers to gain access to an employee's private social media content (e.g., to support a workplace investigation). 

It takes effect on 1/1/15.

But, this is all so 2013.

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If you're on LinkedIn, consider joining the discussion of news, trends and insights in employment law, HR, and the workplace, by becoming a member of The Employer Handbook LinkedIn Group. Tell 'em Meyer sent you.

May 8, 2014

Social media in the workplace: what's legal; what's not? #nextchat

Thumbnail image for weknownext.pngYesterday, my buddy Jonathan Segal and I joined forces on Twitter to answer eight questions from SHRM's We Know Next about the state of the law governing social media and the workplace.

A big thank you to SHRM and to those who were able to join us and participate. 

ICYMI, here is a full recap.

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If you're on LinkedIn, consider joining the discussion of news, trends and insights in employment law, HR, and the workplace, by becoming a member of The Employer Handbook LinkedIn Group. Tell 'em Meyer sent you.

April 14, 2014

This is one badass labor and employment law roundtable

Recently, several local lawyers and I participated in a labor and employment law roundtable for The Legal Intelligencer.

Actually, the table was rectangular. But, the coffee and muffins were free, so I didn't complain.

Well, not until I dropped my pants and mooned the employee-rights lawyers on the panel. Trust me, they had it coming. 

Actually, they were quite polite and articulate. So, fortunately, they edited my butt-cheeks out.

I'm a real peach.

What were we talking about again?

Right, the roundtable. We debated several topics:

  • background checks
  • social media in the workplace
  • employee leave issues
  • dating in the workplace
  • BYOD
  • my 28 inch blog pythons

Here is the transcript.

April 11, 2014

A 79-year-old teacher was fired for refusing to unfriend her students on Facebook

Thumbnail image for facebookprivacy.jpgA teacher getting in trouble for something having to do with Facebook?

You don't say...

The full story, plus another state has passed a social media workplace privacy law. I've got it all for you after the jump...

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Continue reading "A 79-year-old teacher was fired for refusing to unfriend her students on Facebook" »

March 27, 2014

Wages aren't confidential, you guys. Your employees can discuss them.

bankvault.jpgOver the past several years, seemingly, we're seen the NLRB take a more active interest in employee handbooks. 

We've certainly seen it with respect to social media policies; especially, where these policies purport to limit the rights of employees to discuss their employment with one another. This is because Section 7 of the National Labor Relations Act allows employees to discuss their terms and conditions of employment together.

And you don't need to have a union either. The act applies in most every private-sector workplace.

So, whether it's employees gabbing about how their workplace sucks, or how they are being underpaid, you can't forbid that.

This holds true even if you have a workplace policy which categorizes wages as "confidential." The National Labor Relations Board won't have any of that. 

And, most recently, the Fifth Circuit Court of Appeals reaffirmed it in this case, by underscoring that "a workplace rule that forbids the discussion of confidential wage information between employees patently violates section 8(a)(1) [of the Act]."

Indeed, even a workplace rule that doesn't expressly lump wages into the definition of "confidential information" can still be overbroad and, therefore, unlawful. 

The company's "confidentiality" policy highlighted in the Fifth Circuit opinion didn't mention wages explicitly. Instead, it precluded discussion of company "financial information, including costs." Both the NLRB and the Fifth Circuit concluded that an employee could reasonably construe this language to preclude discussion of wages.

Therefore, when drafting your confidentiality policy language, consider carving out wages and benefits specifically, or more narrowly defining your confidential information so that a reasonable person wouldn't read the policy to preclude discussion of their paycheck.

Image Credit: Minneapolis Institute of Arts on Flickr