The Employer Handbook Blog

When hiring: Just because you can ask it, doesn’t mean you should

July 26, 2011 | by Eric B. Meyer

I received a comment to yesterday’s post about 29 questions you should never ask a candidate in a job interview.

Laurie Ruettimann, who blogs at The Cynical Girl, questioned the real-world ramifications of making one of my 29 no-no’s:

“Hey, Eric. Great list. I once had an employment lawyer tell me that you can ask any question — you just can’t make an employment decision based on the answers. Can you blog about that distinction? Asking versus action? I would love to get your thoughts on that!”

Ask and ye shall receive. Or is it, ye shall receive, yo? (If you don’t read Laurie’s blog, that last sentence flew right over your head).

Either way, I’ll share my thoughts after the jump…

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What would Kenny Powers do? Interview questions to avoid

July 25, 2011 | by Eric B. Meyer

HBO Go may just be the best app ever.

Over the past two weeks, I’ve gotten current on Entourage and Game of Thrones, and begun watching Eastbound and Down. Watching characters like Ari Gold, Kenny Powers and Tyrion Lannister got me thinking. If these guys were in HR, what kind of questions would they ask potential hires in a job interview?

***You know, this all sounded so much better in my head.***

Whatevs.

After the jump, I have 29 questions you should never ask a candidate in a job interview.

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HEAT WAVE! 7 lawyers discussing social-media compliance

July 22, 2011 | by Eric B. Meyer

Look, I’m not one to toot my own horn…

And, God knows, I never like to plug my own work.

But, seriously folks, I would be remiss if I did not mention (again) that the Proactive Employer Podcast, sponsored by Thomas Econometrics, is presenting a special two-part round table discussion where experts answer all of your HR and social media questions. They’ve lined up an all-star panel of labor and employment lawyers, bloggers and social media adopters who will be sharing their expertise on various aspects of social media and human resources.

Fact or Fiction: Miniature horse = reasonable ADA accommodation

July 21, 2011 | by Eric B. Meyer

Welcome back to “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post”.

https://www.youtube.com/watch?v=UFLJFl7ws_0

So, is a miniature horse a reasonable accommodation under the Americans with Disabilities Act? Maybe.

Welcome to the Employment Law Blog Carnival: Jukebox edition!

July 20, 2011 | by Eric B. Meyer

The Employment Law Blog Carnival has finally rolled into town.

What is a blog carnival? It is a collection of links on a particular topic — here, employment law — that bloggers have submitted to me, which I then arrange around a particular theme.

For this edition of the Carnival, it’s DJ-ESkeelz on the one and two, with a music-themed employment-law blog carnival. I’ve got 13 hot joints (read: 13 links to employment-law articles from some of the blogosphere’s best…)

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Demystifying Federal and New Jersey Family Leave Laws

July 19, 2011 | by Eric B. Meyer

Folks, you are in for a treat today.

Today we have a guest blogger at The Employer Handbook. It’s Janette Levey Frisch. Janette is In-House Counsel at Joule, Inc. where she provides comprehensive legal representation and support to a staffing company with five subsidiaries throughout the East Coast. You can connect with Janette on Twitter here and on LinkedIn here.

And if you want to read a great piece about the interplay between the Family and Medical Leave Act and the New Jersey Family Leave Act, then hit the jump…

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Badge, gun, social media policy: Philly cops now have all three

July 18, 2011 | by Eric B. Meyer

Thumbnail image for police.jpg Philadelphia Police Department has enacted a social media policy. You can view it here.

A couple of noteworthy points about this policy:

It recognizes that social media plays an important “business” role within the Department. The Department gets it by endorsing the “secure use of social media to enhance communication, collaboration, and information exchange; streamline processes; and foster productivity.”
Employees may not use City property to engage in personal social networking activities. That includes cellphones, laptops and other portable devices that may be used outside of the office. In fact, employees may not even use social media on their own electronic devices while on duty.
The policy underscores that there is no reasonable expectation of privacy when engaging in social networking online. As such, the content of social networking websites may be obtained for use in criminal trials, civil proceedings, and departmental investigations.
Employees must get prior consent before engaging in Department-authorized use of social media. This is defined as the employment of such instruments for the specific purpose of assisting the department and its personnel in community outreach, problem-solving, investigation, crime prevention, and other department-related objectives. The PPD is unionized and, as you know from reading this blog, the National Labor Relations Board has taken an aggressive approach against employers who enact policies that may chill union-related speech. On its face, this rule appears to be designed as a safety measure, rather than a means to quell discussion about terms and conditions of employment. Plus, the Fraternal Order of Police, as public sector employees, would not be covered under the NLRA. Still, the policy lacks any explicit mention of the right to engage in protected-speech.

Bad Biz 101: Impersonating an employee on Twitter and Facebook

July 15, 2011 | by Eric B. Meyer

One year for Halloween when I was in law school, no, actually, I was in law school, I dressed up as Mr. T.

I had the gold, the overalls, the mohawk. People stopped me on the street to take their picture with me. Although, the highlight of the night was when I ran into someone dressed up as — wait for it — Hannibal Smith!

Where am I going with this? Ah, yes. While I tried my best to pull off Mr. T, there was never any risk of confusion. I was 160 pounds soaking wet, my “gold” was actually tin foil, and I’m white.

However, fast-forward 10 years. I’m a partner at a law firm. And I have a personal blog where I write about the law. *** Only in America *** So, as I advise my employer-clients to do with employees who blog and use other forms of social media to discuss work-related products and services, I include a disclaimer to alert readers that my opinions are mine and not my employer’s. In fact, this is a must in any good social media policy.

But should a social media policy also include language to the effect that the employer will not use an employee’s personal social media accounts to promote the employer’s business without permission? After the jump, a recent decision which makes a good argument for it…

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Pornographers need employment lawyers too, you know.

July 14, 2011 | by Eric B. Meyer

Welcome everyone to the ~~first~~ last edition of T&A Thursday, where I update you on all that’s going on in the world of porn and employment law.

After the jump, it’s all the news that’s barely fit to print. (At least it’s safe for work)…

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Tweet this! More employers now allow social networking at work

July 13, 2011 | by Eric B. Meyer

In a new survey conducted by Robert Half Technology, 1400 chief information officers (CIOs) from companies across the United States with 100 or more employees were asked: “Which of the following most closely describes your company’s policy on visiting social networking sites, such as Facebook and Twitter, while at work?”

Prohibited completely

Permitted for business purposes only

Permitted for limited personal use

Permitted for any type of personal use

Don’t know/no answer

I’ll cue up the music and list the results after the jump…

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