Mobile Recruiting: Is Your Organization Ready?

In an increasingly competitive, fast-paced and tech savvy job market, high tech recruiting methods, particularly social media recruiting, have become an integral part of the overall recruiting strategy at many organizations. The majority of participating organizations in the 2013 ERC Hiring Trends & Practices Survey indicated that they are staying on top of the social media trend, but still fall short when it comes to an even more recent development, i.e. mobile recruiting.

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3 Approaches to Pre-Screening Job Candidates

With cost-per-hire averaging just over $4,500 and the average time to fill ranging anywhere from 25 days (production positions) up to 88 days (executive positions) effective pre-screening job candidates can be one option to help streamline the recruitment and hiring process, ultimately reduce costs and help find the best talent for the organization.

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Social Recruiting: What's Trending Now

Why is social recruiting such an important topic, and what's the value to your company? Mike Donoghue, the Senior Director of Mobile, Video & Vertical Strategy at Advance Digital (parent company of Cleveland.com), has teamed up with ERC to answer some of our most pressing social recruiting questions.

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FMLA & Facebook: 6 New Lessons for Employers

FMLA & Facebook: 6 New Lessons for Employers

Increasingly, Facebook and other social media postings are entering the courtroom as employers use them as evidence for taking adverse action against employees. Here are two cases regarding Facebook and the Family Medical Leave Act (FMLA) which serve as models for employers on this issue and offer six (6) important lessons.

Case Law Overview

Case #1

In Lineberry v. Detroit Medical Center, a federal district court ruled that an employer is entitled to fire an employee if they have an "honest belief" that he or she is abusing FMLA leave.

In the case, Carol Lineberry was employed by Detroit Medical Center as a Registered Nurse. She injured herself on-the-job when moving stretchers, was treated by her physician, and was told not to return to work. As a result, Lineberry received approved FMLA leave from her employer.

While on leave, Lineberry took a vacation to Mexico. The trip was approved by her physician who stated that the vacation would not conflict with her recovery nor would be as physically demanding as performing her job duties. During her vacation, however, Lineberry posted photos on Facebook suggesting that she misrepresented her need for FMLA. Her coworkers saw these postings and complained to Lineberry's supervisor.

When questioned, Lineberry informed her supervisor that she used a wheelchair during her travel, however during a subsequent disciplinary meeting, when reminded that airports have cameras, admitted to lying about using a wheelchair. As a result, Detroit Medical Center terminated Lineberry for dishonesty and falsifying information. Lineberry sued the hospital, alleging that it interfered with her FMLA rights and retaliated against her.

The court considered Lineberry's Facebook postings and dishonesty about the use of a wheelchair as facts which led Detroit Medical Center to reasonably believe that she had misused FMLA leave.

Case #2

A similar case, Jaszczyszyn v. Advantage Health Physician Network, involved Sara Jaszczyszyn, a customer service representative employed at Advantage Health Physician Network. Sara requested and obtained the appropriate medical certification for intermittent FMLA leave as a result of a car accident.

After receiving certification, Sara was absent for a continuous and open-ended length of time. While on FMLA leave, Sara posted pictures of herself at a festival, socializing and enjoying time with friends. Her coworkers viewed these pictures and complained to their boss. Sara was eventually terminated and filed a retaliation claim against Advantage Health Physician Network.

Sara's claim was dismissed by court, primarily because the organization was able to show that it had an honest belief that she was engaging in fraud and relied on facts in its decision to terminate her. Also, the organization conducted a complete and thorough investigation of the issue and inquired about the discrepancy between her claim and Facebook photos.

Employer Takeaways

These two cases have some important implications for employers in terms of managing social media postings and FMLA leave, specifically:

  1. Social media postings may be legitimate evidence, coupled with other relevant facts and evidence from many different sources, to aid in an investigation and substantiate that an employee is abusing or misusing FMLA leave.
  2. Coworker complaints or reports about behavior on Facebook and other social media websites can be taken seriously and may prompt further investigation.
  3. Employers are permitted to properly investigate an employee's FMLA leave if they suspect that an employee is violating the terms of their leave.
  4. It's important to follow your disciplinary policy and procedure. These organizations remained compliant and consistent with their disciplinary policies and procedures, and took steps to obtain the appropriate information prior to terminating the employees.
  5. Organizations should obtain the appropriate information about an employee's medical restrictions under FMLA before taking adverse action on an employee.
  6. Employers should focus on responding to complaints about Facebook and other social media behavior, rather than routinely "spying" on employees' Facebook profiles and social media behavior.

There will undoubtedly be much more case law to glean insights from as Facebook and other social media postings make their way into the courtroom. As these cases unfold, employers should use them as models and lessons for how to manage FMLA and other employment laws.

Please note that by providing you with research information that may be contained in this article, ERC is not providing a qualified legal opinion. As such, research information that ERC provides to its members should not be relied upon or considered a substitute for legal advice. The information that we provide is for general employer use and not necessarily for individual application.

Additional Resources

FMLA Administration & Services: ERC's Preferred Partner, CareWorks, provides ERC members with discounts on services related to day to day management, tracking, and overall administration of FMLA. CareWorks' approach is outcome-based, streamlined, and cost-effective, and ensures that claims are handled consistently and in compliance with state and federal laws. 

Employment Law Fundamentals: This seminar is designed to provide managers and supervisors with an overview of relevant employment law considerations and to support a proactive, positive work environment. Presented in an interactive style, this seminar can be customized to specific topic areas desired by the employer.

ERC Preferred Partner CareWorks provides Absence Management and FMLA Administration. ERC Members save 5% off per EE per month fee or a $500 discount off Initial Set-up Fee

Business Related Social Media Use on the Rise

Despite a strong focus over the years on the types of policies and restrictions being placed on employee’s social media use in the workplace, an equally important story regarding the growing use of social media among employer’s for business related purposes  is also emerging.

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The Power of Social Media in the Workplace

As social media expands into every aspect of our lives, including the workplace, striking a balance between leveraging social media as a business tool and managing it’s use by individual employees across your organization and can be a challenging balancing act. In an effort to help shed light on how Northeast Ohio employers are handling this difficult issue, ERC recently released the 2012 Social Media in the Workplace Survey report.

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11 Tools for Recruiting Hard-to-Fill Jobs

11 Tools for Recruiting Hard-to-Fill Jobs

Recruiting for new, specialized, or highly technical positions requires a different approach than past years. Some of these jobs didn't exist 10 years ago, while others require such specialized experience or specific technical skills that older recruiting methods don't suffice. In any case, the need to find talent for these hard-to-fill jobs is forcing many employers to consider using other recruiting strategies beyond job boards and advertising.

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An Employer’s Guide to Social Media & Mobile Device Policies

As new technology continues to shape the workplace and the use of social media and mobile devices at work becomes more widespread, organizations must create and enforce employment policies to protect themselves from the risks and liabilities associated with these new applications for working. Here's a short guide which contains important tips and guidelines for creating social media and mobile device policies.

Social Media Policies

Social media policies must balance a range of interests. First, they need to protect other employees and the company’s information and reputation without prohibiting employees from engaging in conversation about employment at your organization. Second, social media policies need to be flexible enough to allow your marketing, sales, recruiting, and PR employees to promote your company and network, but restrictive enough so  employees won't excessively use these platforms for non-business related purposes.

Below are several guidelines and best practices for creating social media policies, consistent with recent guidance issued by the National Labor Relations Board (NLRB) and endorsed best practices published by the Society for New Communications Research. Additionally, this 2012 policy was approved by the NLRB and is helpful for employers as they create their own guidelines.

  • Require that social media usage is consistent with other workplace rules and policies, including federal laws related to discrimination and harassment.
  • Encourage employees to be respectful and fair to coworkers, customers, vendors, and other individuals affiliated with the company online and when using social media. Promote dealing with conflicts or complaints directly with one another rather than via social media outlets.
  • Educate employees that if online complaints or remarks are construed as disparaging, malicious, or threatening, their postings could be perceived as harassment or contribute to a hostile work environment, and thereby be unlawful.
  • Communicate that social media postings be accurate, factual, and truthful. Clarify how your organization will handle mistakes and edits to content. For example, many organizations require that mistakes be corrected promptly and edits or deletions to online content be communicated.
  • Define specific types of appropriate and inappropriate content to publish online. For example, trade secrets, private or confidential information, and financial disclosure laws/regulations can be reasonable content to protect.
  • Specify how employees should represent themselves online. Make clear that employees are not to represent themselves as spokespeople on behalf of the company and that employees who publish anything online related to their work or subjects associated with your organization should identify who they are and that their views do not represent those of their employer.
  • Specify if and when employees are able to use social media on the job. You may restrict employees from using social media at work if it is not job related or delegated by one’s manager, or if excessive use of social media is affecting job performance.
  • Don’t prohibit employees from talking about your organization online or expressing their personal opinions. The NLRB has been especially critical of employers who are trying to prevent employees from discussing terms and conditions of the workplace.

Bring Your Own Device to Work (BYOD) Policies

In addition to social media policies, every organization should have a Bring Your Own Device to Work Policy (otherwise known as a BYOD or a Mobile Device Policy) because employees are increasingly bringing their own mobile devices to work and accessing company networks through smartphones, tablets, IPADs, and laptops - to name just a few.

Although these devices can be of benefit to employees and employers alike by increasing productivity and providing flexible access points to company information, BYOD creates huge risks for employers in terms of compliance with the Fair Labor Standards Act (FLSA), privacy and compliance mandates, etc. if mobile device policies are not in place. Here are some guidelines for developing those policies.

  • Consider the adverse effects of not allowing these devices in the workplace. Bans on mobile devices are usually not feasible because inevitably there is an employee who needs mobile access.
  • If your organization needs to remain compliant with certain regulations (HIPAA, etc.), take special precautions to safeguard this data and restrict employees’ access to it on their own devices. Work with your IT department to design those precautions.
  • Define and provide examples of what is acceptable use and transfer of organizational data on mobile devices.
  • Put into place guidelines regarding confidentiality and data ownership, including a procedure for data retrieval when an employee leaves the organization via voluntary or involuntary termination or when a device is lost or stolen.
  • Require strong or complex passwords in order to login to your company networks on mobile devices.
  • Have employees formally consent to an acceptable mobile device use policy, such as by signing off on your policy.
  • Establish clear rules for non-exempt employees about what they can and can’t do with their mobile devices during non-working hours to protect you in terms of FLSA requirements
  • Suggest that employees not use their phones or mobile devices with driving, in light of Ohio's recent ban on texting while driving
  • Indicate disciplinary consequences for employees who inappropriately use business data on their mobile devices.

Two final pieces of advice when creating these policies. Collaborate with your employees to create a policy. Be sure to include your legal department, your core users of social media for business purposes (for social media policies) and IT department (for BYOD policies). Finally, update these policies on an ongoing basis. With technology constantly changing, these policies need to be revisited at least annually.

Please note that by providing you with research information that may be contained in this article, ERC is not providing a qualified legal opinion. As such, research information that ERC provides to its members should not be relied upon or considered a substitute for legal advice. The information that we provide is for general employer use and not necessarily for individual application.

Over a Third of Local Employers Allow Social Media Use at Work

According to the results of the 2011-2012 ERC Policies & Benefits Survey, more than a third of local employers allow at least some groups of employees to access social media sites such as Facebook or LinkedIn during regular work hours.

These results may suggest that many employers still don’t have their arms around the impact of social media in the workplace. With the potential risks of liability and the negative impact these sites can have on workplace productivity, it may surprise some to see that so many employers allow employees to access these sites during the workday.

However, the question did not refer specifically to employees accessing the sites on an employer’s network, meaning that employees may be able to access the sites via their own personal mobile phones and devices as well, which could explain why the percentages could appear higher than some might expect.

Additional Resources

Visit our ERC Survey Page to access more information on our conducted surveys.

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