Fisher & Phillips LLP ATTORNEYS AT LAW Solutions at Work ® Atlanta · Charlotte · Chicago · Columbia · Dallas · Denver · Fort Lauderdale · Houston · Irvine · Kansas City · Las Vegas Louisville · New Jersey · New Orleans · Orlando · Philadelphia · Portland ME · Portland OR · San Diego · San Francisco · Tampa www.laborlawyers.com Presented by: Regina A. Petty Sustainable Work Practices Keeping the Staff Afloat Western Museums Association October 27, 2009
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Sustainable Work Practices: Keeping the Staff Afloat
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Fisher & Phillips LLPATTORNEYS AT LAW
Solutions at Work®
Atlanta · Charlotte · Chicago · Columbia · Dallas · Denver · Fort Lauderdale · Houston · Irvine · Kansas City · Las Vegas
Louisville · New Jersey · New Orleans · Orlando · Philadelphia · Portland ME · Portland OR · San Diego · San Francisco · Tampa
www.laborlawyers.com
Presented by:
Regina A. Petty
Sustainable Work PracticesKeeping the Staff Afloat
The Furlough Alternative People furloughed or working part-time People furloughed or working part-time
rose from 3.7 million in June 2008 to 6.5 rose from 3.7 million in June 2008 to 6.5 million in June 2009million in June 2009
June 2009 Watson Wyatt survey found June 2009 Watson Wyatt survey found 13% of 179 HR executives had imposed 13% of 179 HR executives had imposed furloughs and another 6% expected to do furloughs and another 6% expected to do so in the next 12 monthsso in the next 12 months
– Obtaining written consent before searching Internet or social networking sites
– If search reveals information that played a part in not hiring, keep copy of information and consider giving candidate opportunity to address the information
– Be consistent - if you check any, check all candidates
Plaintiff tried to show discriminatory animus through manager’s web page
“What’s wrong with women these days?” & “Chicks seem to have more issues these days than Jet Magazine and keep up more drama than daytime TV and Jerry Springer combined.”
– Derrick v. Met. Gov’t. of Nashville & Davidson Co. (M.D. Ten. Dec. 17, 2007)
employers:– 53% of employees think content of Facebook page is not a boss’s concern– 60% of executives believe they have a right to know how employees portray themselves and company online
Employees set up invitation-only MySpace group “Spec-Tator” to “vent any BS we deal with . . . without outside eyes spying in on us”
Posting referred to violence, illegal drug use and copy of test for employees
Manager asked employee for password to gain access and terminated employees for criticizing bosses
Jury found no invasion of privacy but found wiretapping violation based on way password obtained(Pietrylo v. Hillstone Restaurant Group d/b/a Houston’s (U.S. Dist N.J.)