New legal pitfall when exempt employees e-mail
June 23, 2009 by Sam NarisiPosted in: Employee computer use, In this week's e-newsletter, Latest News & Views, Security and law
Mandatory furloughs have become a common way for companies to avoid layoffs. But here’s one thing those companies need to look out for:
How exempt employees use their computers while they’re forced to stay home.
Employers have to pay exempt employees for weeks in which they spend any time working — and that may include even small tasks, like checking and responding to e-mail and listening to voice messages.
To avoid getting stuck paying those employees, attorneys recommend having a strict policy against performing those tasks while home. Also, they suggest employers hold on to any BlackBerries, laptops and other devices issue to workers and have managers emphasize that they aren’t expected to check into the office while on leave.
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June 23rd, 2009 at 3:30 pm
At a previous place of employment, there was a strict policy in place regarding employees out on leave.
HR would notify IT of the leave and the user’s accounts would be suspended/disabled until their return.
In the event that the user’s email received time-sensitive messages, their account was delegated to their manager.
Even if the employee retained their electronic devices, they could not access company network resources.
June 30th, 2009 at 1:44 pm
Ideally, network access and user accounts for “furloughed” employees should be temporarily revoked by disabling accounts, changing passwords, or limiting logon hours (to zero).
These types of activities should be closely coordinated through IT.
A furlough should be handled in accordance with Leave of Absence procedures (LOA) from an IT standpoint. Ideally, HR should notify IT of the change in status, and IT should take appropriate action to limit access.