Be Social... But Be Cautious

Facebook, Twitter, and Google+ are great ways for employees to socialize and even for employers to promote their business.  While many employers monitor communications and employee behavior on these technologies, policies should be very clear.  More importantly, management should understand how to properly implement these policies.

You should have a policy that is specific and comprehensive is scope.  All policies should be clearly communicated to employees and make sure to train management on the importance of following company policies.  FYI, current privacy laws allow businesses to monitor electronic communication but it is important to stay abreast of changes in such laws and relevant court decisions.

Make sure you are protecting your company's reputation.  Social media can be a great way to promote a business, but don't forget about those negative ninnies out there.  Social media certainly provides  an easy forum for employees or dissatisfied customers to vent their opinions or frustrations.  Still, companies may also impose sanctions on employees for criticizing or disparaging the employer outside of work, including on social media websites. (http://www.infolawgroup.com/2011/01/articles/enforcement/employee-privacy-gains-in-the-united-states/)

There is also the issue of harassment versus free speech.  It is interesting to note that issues of harassment are not protected by free speech.  Harassment is defined as unwelcome verbal or physical conduct based on race, color, religion, sex, national origin, age, disability (mental or physical), sexual orientation, or retaliation.  Whether harassment occurs in person or via any technology, such behavior is not protected by law.

Make sure you have a clearly defined policy that is understood by all and lead by a well trained management team.  Employees should be made aware of their responsibility to follow this, as well as all workplace policies.  Leaders must manage all policies consistently and fairly throughout their workforce. 

This article should not be construed as legal advice.

Interns For Your Business

Offering students an internship to gain hands-on work experience is a beneficial opportunity for everyone, if executed properly.  To ensure a positive outcome for both parties, the Society for Human Resources Management (SHRM) recommends keeping these six requirements in mind when creating internships if the position is unpaid:

• The training should resemble an educational program where the internship provides students with real life educational experiences that can only be gained outside a classroom.  Students should be able to apply what they have learned in the classroom to their experiences in the workforce.
• The employer should structure the internship toward an educational goal, including ongoing instruction and supervision.
• The training is for the benefit of the trainee and is not intended as a way for businesses to take advantage of free work.  The experience will increase the intern's chances of being hired in the job market and/or allow them to earn academic credit.  A key point, according to  SHRM is, "unpaid interns who fall into the category of 'trainees' rather than 'employees' frequently perform tasks that are useful only for training purposes and that provide little to no benefit to the employer."
• Trainees or students should not displace regular employees nor be entrusted with the same work as a regular employee or a recently departed employee; nor may the employer lay off an employee to be replaced by a student or trainee.
• Employers should have a policy with strict supervision of interns and assign a mentor.  Supervisors should actively participate with interns.
• The employer should derive no immediate advantage from the activities of trainees or students.  SHRM suggests that "a key caution is if the employer is the primary beneficiary of an internship, for example, and the employer reduces costs or accomplishes necessary tasks through the intern, the DOL will consider the intern an employee under the FLSA.  If the intern is the primary beneficiary of the experience, the DOL is much more likely to consider the intern a trainee."

"Please note trainees or students are not entitled to a job at the end if the training.  To ensure that the intern has no expectation of employment, the DOL recommends that an employer draft a written agreement with the intern stating that the intern should have no expectation of employment and should not presume any guarantee of employment after the internship.  Though an employer should make it clear that an intern is not entitled to a job at the conclusion of the internship, employers should not be discouraged from offering jobs to interns.  

The employer and trainees/students understand that trainees/students are not entitles to wages for the time spent in training.  before beginning the relationship, employers should draft a written agreement stating that payment for the intern's services is neither intended nor expected during the internship."

This article should not be construed as legal advice.

Finding the Right Trainer

Let’s say you have been asked to find a trainer to conduct customer service training or safety training for your company’s employees.  Where do you go to find a trainer?  Do you know what it will cost?  Do you know what questions to ask?  If you don’t know the answers to these questions, you could be throwing away good money on someone that will take your money without providing a valuable service to your organization.

When looking for a trainer, the important thing is to start with knowing what services you need and why.  You need to identify what metrics or other data you have that specifically identifies a need for training.  Do you have customers complaining about poor response time when calling customer service representatives?  This may be the result of inadequate bandwidth or an insufficient number of phone lines that is unrelated to the behavior of customer service representatives.  Or perhaps your representatives need to be better trained in order to perform multiple tasks at a time, thus increasing productivity.

Once you have verified the problem through a needs assessment, the next step is to have an idea of the target audience and format of the training.  For example, will all employees in the organization be trained or only a select few?  This can make a big difference in how the course is designed and the cost of the training.  In other words, you have to have some idea on what you are looking for before you consult with a trainer.

When looking for a trainer, the easiest approach is to conduct an Internet search for a trainer in your area.  However, you will likely have to sort through a number of individuals and companies that don’t train on the subject matter you need.  A professional organization that certifies or provides continuing education to trainers is another approach, as the organization may group trainers by subject matter and/or geography.  Referrals are another great source.

When speaking with a trainer, it is important to get to know their training approach and how many and what types of courses they have designed and facilitated.  The trainer may want some idea of the scope of the project before quoting you a rate, but a reputable trainer will be able to quote a minimum and maximum fee.  Of course, it is also important for you to know what your budget is for the project.

Selecting a trainer is never easy but by asking the right questions and taking your time to carefully design each course, you will reap the benefits of a better educated workforce.

This article should not be construed as legal advice.