2017 Employment Law & Leadership Conference The Modern ... Workplace 2017_HANDOUT… · The Modern Workplace: Dealing with the Digital Age in 2017 ... Many digital workplace frameworks

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2017 Employment Law & Leadership Conference

This PowerPoint Presentation was created by The Saqui Law Group and is ©2016 by The Saqui Law Group. All rights reserved.

The Modern Workplace: Dealing with

the Digital Age in 2017

Presented by Kevin P. Cleveland


The term ‘digital workplace’ covers the online working environment: intranet, email, messaging, video, collaboration and applications.

It reflects an employee’s experience of work when tools are shared between intranet, web, and desktop.

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THE DIGITAL WORKPLACE

Can transform the way business is done and increase productivity.

BUT it can also create significant legal and HRhurdles.

How does this affect you as an

E-employer?

How does this affect you as an

E-employer?

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The accelerated change in the last 10 years

is due to the emergence of 3 trends:

1. An ageing workforce.

2. Information overload.

3. Need for speed.

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THE DIGITAL REVOLUTION - TRENDS

There are no hard rules involved when designing a digital workplace.

Many digital workplace frameworks feature 4 layers covering the

following components:

1. Connection, Collaboration and Communication;

2. Technology Is The Digital Workplace Toolbox;

3. Governance, Compliance, Control and Risk; and

4. Measuring Business Values through Metrics.

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FRAMEWORK OF A DIGITAL WORKPLACE

Connection: Tools for engagement

Collaboration: Environment of collaboration

Communication: Tools for communication

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Technology Is The Digital Workplace Toolbox

Technology enables the digital workplace. Each organization already has a digital workplace toolbox with different tools.

The key is to adopt the right tools for your employees to do their jobs.

The toolbox can be broadly defined into categories to support how you communicate, connect, collaborate and deliver your daily services.

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Governance, Compliance, Control and Risk

Governance: Set standards of use and enforce your policies.

Compliance: Ensure that use stays within the boundaries of legal compliance.

Control: Identify your vulnerabilities and put the appropriate safeguards in place.

Roles & Responsibilities: Continuous improvement process.

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Measuring Business Values Through Metrics

Develop Metrics: Necessary to determine the value added by the digital workplace.

Develop Tools: Metrics are only useful if you have the ability to track those metrics.

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Training and certification: Ensure your employees have access to

training that allows them to harness the digital workplace to their

advantage.

Risk mitigation: Information monitoring, collection and analysis;

Policy training; Orchestrated presence; and Crisis management.

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ComponentsComponents

Social Networks

Video Communication

Shared/Collaborative work product

Wearables

BYOT, BYOA, BTOD

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COMPONENTS

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Employer Benefitsand Risks

Employer Benefitsand Risks

The benefits of adopting a digital workplace can make a compelling

business case. Consider some advantages:

1. Reduce operational costs.

2. Attracting talent.

3. Employee productivity.

4. Employee satisfaction.

5. Retention of employees.

6. No commute.

7. Communication tools.

8. Environmentally friendly.

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BENEFITS

Social and Mental Health Implications.

Security Implications.

Mobile Devices Compensation.

Mobile Devices Safety.

Digital Etiquette.

Powering Down.

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RISKS

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Regulatory/compliance Defining on/off the clock. Issues controlling content. Protecting your intellectual property. This is especially critical in publically held companies. Must be balanced against employee privacy.

Who is responsible for managing the remote office?

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RISKS (con’t)

Critical Policies and Practices

Critical Policies and Practices

Ensuring maximum security:

Require password protection.

Create guidelines.

Educate employees.

Require anti-virus and malware software.

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PRACTICES

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Ensuring maximum security (cont.):

Define governance processes and oversight processes. Information monitoring, collection and analysis. Policy training. Use of device while driving. Company use of personal devices (BYOD).

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POLICIES (con’t)

California Labor Code §2802 requires employers to reimburseemployees for “all necessary expenditures or losses incurred...”

Reimbursement required for personal devices used. Non-exempt employees must be paid for all work. Liability for traffic accidents. CA has extensive phone privacy rights.

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Cell Phones: The Law

Employers can legally monitor what an employee does at work with a legitimate business purpose.

The reason for a particular type of workplace surveillance must be more important than an employee’s expectation of privacy. For example: Do not videotape a locker room or restroom. Can audio-record conversations between customers and

employees.• BUT you must have consent from both – Penal Code § 632.

Can video-record storage facility to deter theft.

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Employee Privacy at Work: Surveillance

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Certain types of speech by employees in online forums are protected by the NLRA, even if vulgar.

Statutes protect various speech rights.

Certain types of speech receive less protection.

A “Savings Clause” will not save you.

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Social Media And Freedom of Speech

Should I review a candidate’s social media presence prior to hiring?

What can a company do to prevent legal situations from arising under the social media policy?

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Additional Policy Considerations

Home and Remote Offices

Home and Remote Offices

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Remote arrangements allow for easy expansion, a ton of flexibility for employees, and can save you money.

One of the most challenging is figuring out how to work in different time zones.

Be consistent.

Don’t work all the time.

Get tools that help.

Get together a few times a year.

Connect people who are in the same time zones.

Remember that this is still an office. It must meet OSHA

standards for safety and be legally compliant like any other

office.

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The Remote Office

With no one looking over their shoulder, it can be tough for some employees to self-motivate, especially when they’re in their pajamas on the couch.

Tips to increase your employees’ efficiency:

Require a Dedicated Workspace.

Stick to a Schedule.

Set Ground Rules.

Facilitate an Organized Workspace.

Ask questions during the interview process that will determine if the candidate will be a success working off-site.

Legal implications for Home Offices.

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The Home Office

Cyber SecurityCyber Security

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The convergence of cloud computing, social media, and mobile computing technologies has created data security issues worldwide.

New technologies allow companies to store information securely in the cloud and make it accessible from various devices.

The correct solution enables offline data access and seamless peer-to-peer activities among devices.

Private cloud environments have enabled many organizations to increase agility and reduce costs—while also boosting security.

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CYBER SECURITY

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Group. This information should not be relied upon or construed as legal advice and is not a substitute for obtaining legal advice from an attorney licensed in your state. The Saqui Law Group assumes no liability or responsibility for any errors or omissions in the content of this PowerPoint presentation. The use of our PowerPoint presentation is not intended to and does not establish an attorney-client relationship. Please do not send us confidential information via

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2017 Employment Law & Leadership Conference The Modern ... Workplace 2017_HANDOUT… · The Modern Workplace: Dealing with the Digital Age in 2017 ... Many digital workplace frameworks