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.
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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