Your Electronic Communications Policy and a Friendly Reminder Can Help Employees Determine What's Naughty or Nice.
Q: As an HR manager, I am concerned about the amount
of time my company's employees are spending online. Beyond
checking in on social networks, now we also have online holiday
shopping to contend with. Should my company have a policy about
shopping online during business hours?
A: Cyber Monday is upon us. As we speak, online retailers are pulling out all the stops in luring online customers with their "buy now, lowest prices of the season" offers.
Online sales for Cyber Monday last year broke records. According to comScore Custom e-Commerce Analytics, U.S., 2012 saw a 17% increase in online sales from 2011 to $1.465 billion. The statistics also show the purchase locations for these e-commerce sales occurred at home (47.2%), work (47.1%), and internationally (5.7%). To date, that Cyber Monday in 2012 ranks as the heaviest US online spending day in history. And online shopping does not stop after that one day – it continues for weeks. While predictions are varied for 2013, this year is expected to be another record breaker.
With almost half of these transactions happening while employees are physically at work, employers are wise to try to maintain some degree of control over the situation. That said, no employer wants to hear grumblings of "Bah! Humbug!" from employees who think they are being unfair. While there is no one answer to this issue as every company's culture and operations are different, here are some statistics on what companies did last year.
According to a survey of 1,400 larger companies' CIOs conducted by Robert Half Technology in 2012, only one-third blocked access to online shopping sites altogether last year– down from 60 percent in 2011. Another 55 percent said they allowed access but monitor activity for excessive use. One in 10 reported that their firms allowed unrestricted access.
The reality is that the holiday season can be hectic for employees trying to squeeze personal errands into their busy days. Often, shopping online is more efficient for employees than going out on a lunch break and getting caught up in long lines and traffic getting to and from retail stores. The question is just how to keep it from becoming a consistent distraction for employees who want to not only buy, but take time to hunt for bargains and comparison shop while on the clock.
First and foremost, employers should have a well-drafted electronic communications policy so employees understand the rules. That policy should address employee use of any company equipment and electronic systems, including use and access of the internet. Many company policies allow for some reasonable or nominal personal use by employees on such company property as long as that use does not interfere with the employees' job duties and production and is in compliance with other provisions of the employee handbook. (For example, no harassment or access of sites that would violate the company's policies.)
An electronic use policy should clearly advise employees that the company has the right to monitor and access all company equipment and systems. It should also remind employees that because company property may be monitored or accessed by the employer, employees have no expectation of privacy as to their use of such equipment or electronic systems. This would include no expectation of privacy as to internet sites accessed. Whatever restrictions or limitations employers decide to place on personal usage, they should be clear about expectations so employees know what they can and cannot do at work.
This week, employers might want to remind employees about the company's electronic communications policy and ask employees to use breaks and lunch time or some other reasonable time for personal online shopping. Accompanying this message, you could offer a list of best practices your employees should follow in protecting their own identity from fraud as they shop online this holiday season. Educate them on the risks to themselves and the company's IT system of clicking on unknown or questionable sites trying to lure them in with offers that seem too good to be true.
Ultimately, this type of balanced approach ends up being the best for many companies. It addresses the legitimate concerns of productivity during this time of year while also recognizing the employees' desires to get bargains and save money over the holiday season, which may strengthen the employer-employee relationship. This lifts morale and ultimately has a positive effect on the bottom line.
The best practice is to communicate clearly the company's electronic communications policy to employees so that they know what is acceptable and unacceptable conduct at all times. Companies may consider consulting with counsel about drafting or reviewing such a policy as they enter into the 2013 Holiday Season.
Jennifer L. Parent, a director in the Litigation Department and Chair of the Employment Law Practice Group of McLane, Graf, Raulerson & Middleton, P.A.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.