Employment Lawyers Can Answer Your Employment Law Questions
Thank you so much Gentleman! But what for me stays unclear, for example, if I want to terminate a working contract because of facebook consumption during working hours, this termination is not valid due to the courts?? so there are rules, which I have to obey?
Frank,If you make it clear in your own employment handbook that facebook use is forbidden during working hours, then you could use that as grounds to terminate. You as the employer can set forth your own reasonable rules and so long as those rules are clearly communicated or provided to your employees, the employees would be bound by those conditions. That is really all you need to do to have a viable social media policy, create the rules you wish for your employees to follow, review to see if they are overly intrusive, and then post them for your employees to review and be aware of.Hope that helps!
I got it!! Thank you very much. So that is the situation in New York State..but of course it can vary from State to State, right?? Thanks..for answering this very last question now. Take care
Frank,Different states may have differing measures of what policy is permitted and what is not. But where it usually has conflict primarily is if the policy is not known, and secondarily if it is too intrusive. Some states, for example, found that individuals who meet during lunch to discuss potential concerns with the company, and private email each other about those concerns, are not violating any rules, while in other states parties who take their grievances to social media to discuss what is taking place at work have been found to have been properly terminated for it. It is al a matter of degree and how well you have clarified what is permitted and what isn't via your communication to your employees.Hope that helps!
That is correct, such rules exist. That is because facebook was found to be private (akin to private property) to which the company has no rights. That, however, is not a 'social media policy' and more of an unauthorized taking on part of the company, who can issues rules about what social media can or cannot be used while at work, or even to some extent outside of work provided the posts relate to the company, but they cannot control or obtain private records or passwords from their employees.Good luck.
Thank you Gentleman!!!! So these are the only "legal binding" regulations, we HAVE to obey regarding our policy??!! So we cannot fix, that employees have to provide passwords, but all the rest we can regulate independently, but clearly.?
all the best and have a good evening
Frank,Those are not the only regulations, but they do not exist in one location. There is potential case law that may put forth additional requirements but because it is not a law or regulation, other than researching it, it is sometimes tough to find. Generally the policy has to be based on common sense to survive--you as a company cannot intrude on what is generally someone else's right but you can limit behavior while the person is working for your directly. For example in your policy you can block the ability for the employees to go on Facebook, but you cannot block that ability when they are not working for you. Hope that clarifies.
Dear Sir or Madam,
We are contacting you on behalf of one of our clients, a German entity.
We have the following question:
Our client intends to start a service project in California State. Therefore he needs service technicians from Germany.
The employees will operate within the scope of a service agreement between the client and an affiliated entity in the US.
The following services will be conducted by the German service technicians:
Our client now has the following questions:
- do the service technicians or our client need a license/permit for conducting the above mentionedservices?
- in case that they need a license/permit, doe they need one for each single technician?
- Are there any labor union regulations that our client has to watch out for?
Your answer in that matter is much appreciated!
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