• The information below should not be construed as legal advice. Its applicability is dependent upon specific facts and circumstances and is provided for informational purposes only.  You should not act upon this information without seeking advice from a lawyer licensed in your own state.
  • Viewer Questions We Didn't Get To:

     

    Q: "What format do you recommend for ‘love contracts’ in the workplace?"

    A: While we don’t recommend one particular format over another, there are definitely elements that should be found in all “love contracts”, which are:   
    --  That the relationship is voluntary and consensual,
    --  That the parties have reviewed and understand the harassment policies of the organization,
    --  That the parties refrain from displays of affection that would be inappropriate for co-worker relationships while in the working environment,
    --  Acknowledgement that there has not been, nor will be, any claim of sexual harassment pertaining to the parties working together AND
    --  That the parties will not have a reporting relationship within the organization now or in the future.  -Answer courtsey of Becki Haines
     

    Q: "How do other companies handle staff on social media at work?"

    A: When it comes to company equipment, you can easily block the social media websites on your computers, tablets, phones, etc.  The more difficult part is how to handle employees using their cell phones to get on social media while at work.  The best method to address this is through a solid cell phone usage policy.  Of course, you are going to need to keep in mind what standards are reasonable given your line of business. Cell phone policies should state very clearly what limits the organization is putting on cell phone usage (for instance, cell phones must be turned off during all meetings and trainings, cell phones cannot be used during customer interactions, etc.) as well as addressing proper cell phone etiquette (for instance, setting phones to vibrate or silent when in the workplace, not using cell phone cameras at work to protect everyone’s privacy, etc.). 

    Finally, a policy is only as good as its’ enforceability.  The policy should have the full backing of the top leader in your organization and the supervisors should model proper behavior so that they can then hold their staff accountable.  -Answer courtesy of Becki Haines
     

    Q: "How to control cell phone use/abuse and social media log on during business hours?"

    A: The simple answer is by setting clear expectations.  The difficult part is knowing your company and what standards are reasonable given your line of business.  More organizations are creating cell phone policies which state very clearly what limits they are putting on cell phone usage (for instance, cell phones must be turned off during all meetings and trainings, cell phones cannot be used during customer interactions, etc.) as well as addressing proper cell phone etiquette (for instance, setting phones to vibrate or silent when in the workplace, not using cell phone cameras at work to protect everyone’s privacy, etc.).  Finally, a policy is only as good as its’ enforceability.  The policy should have the full backing of the top leader in your organization and the supervisors should model proper behavior so that they can then hold their staff accountable.  -Answer courtsey of Becki Haines
     

    Q: “Do you have any insight into what DOL will do with the overtime rule, and when?”

    A: Last August, US District Judge Mazzant concluded that the FLSA overtime rule was indeed invalid.  We are really in a “wait and see” mode at the current time, however, we do believe that there will be a new proposed rule issued by the DOL sometime in 2018.  All estimations point toward it being much lower this time…most likely in the $30,000 to $35,000 range.  -Answer courtsey of Becki Haines
     

    Q: “Are secure emails containing client PHI be required when sending email within your company network?”

    A: This really depends on the compliancy requirements that you have to adhere to.  For instance, LandrumHR is “Statement on Standards for Attestation Engagements No. 16” (SSAE16) compliant.  As a part of that compliancy we have to ensure that all of our internal emails are encrypted both “at rest” and “in transit” on our network.  If it is found that our internal emails are not encrypted during an audit, we would be found to be out of compliance. 
     
    No matter what information you are sharing in your emails, it is a good idea to have encryption as a part of your security solution.  Cost and implementation time will depend on your platform but it may be that encryption is included in your current email solution (i.e. Microsoft Exchange), you just need to turn it on.  -Answer courtesy of David McCullough