The following is the first in a series of blog posts relating to employment issues employers face when hiring, retaining and terminating younger employees, including those in the millennial generation and in the current Generation Z.
What exactly is a "millennial" and who is part of Generation Z?
Although there are no exact parameters regarding who is and who isn't a millennial, the generation is generally considered to be those born from about 1982 through 2002, or the first few years of the new millennium (hence the terminology). Generation Z, also sometimes referred to as the "i-generation" (as in "i-phone"), is everyone born after the millennials. Most of Generation Z hasn't made it into the work force yet, but they are coming.
What is different about employing members of these generations?
In a single word: Technology. Perhaps with the exception of the invention of the television, never before has the speed by which technology is advancing so affected nearly every aspect of the lives of a current generation of young people. Their familiarity and, in some instances, reliance on technology follows them directly into the work force. This can present both benefits and pitfalls for employers. This series of blog posts will layout both the positives and negatives regarding a particular aspect of technology (and other general issues with younger employees) and offer suggestions for the optimum method to handle both.
They have cameras in their pockets.
It's a cliché, but a picture is worth a thousand words with this age group. It is nearly guaranteed that every person you employ under the age of 25 has a high resolution camera, capable of both still and video photography in a pocket, purse, or hand, nearly every moment. It is also a given that your employee is very good at using that camera and potentially doing so without your knowledge.
Pitfalls
Depending on the line of business you are in, the potential problems from having a workforce equipped like a roaming band of paparazzi can be vast. For instance, any business where customers are children (or children accompany your customers) creates the potential for your employees to take photographs of people's children, without their consent. Similarly, retail or boutique clothing businesses have the potential for employees to take photographs of customers in various stages of undress. Even in businesses where customers are not on the premises, employees can take photographs of each other (or their supervisors), with or without consent, and use them for various purposes. While the majority of photographs taken by your employees are harmless (and not illegal), there are serious ramifications for those photographs that run afoul of privacy, harassment or other laws. Additionally, with recording devices in their pockets, you never know when you are being recorded in the workplace. Wiretapping issues aside, you could be creating evidence every time you speak with an employee.
Benefits
A camera, in the hands of a responsible and conscientious employee, can be a powerful tool. Simply imagine the very common scenario that a customer walks in to your establishment, falls and claims that a slippery condition exists on the floor. Before the advent of cell-phones, a lawsuit involving those facts essentially became the customer's testimony against the testimony of any other eye witness, assuming you could find one. While people's memories fade, and can be mistaken, the camera doesn't lie. A well-timed photograph of the floor at issue could be the difference between paying a settlement and having a case evaporate pre-litigation.
What should you do?
The first step to minimizing risk and exploiting the benefits of electronic eyes and ears is your employee handbook. A strong and clear cell-phone camera use policy that lays out, in detail, the allowed and not allowed uses of cell phones will not only assist you in properly training your workforce, but can protect you in the event you have to terminate an employee for improper use of a phone. The second step is training. With your employee handbook as your guide, and with assistance from your friendly neighborhood employment lawyer, you can develop a rock-solid training program that eliminates ambiguity, minimizes risk and maximizes the chances that your employees will use their cameras in acceptable and even beneficial ways.
What can’t you do?
You can’t take away their phones. Although reasonable safety measures, such as “you can’t talk on your cell phone while you drive a fork-lift” are legal and necessary, decisions by the National Labor Relations Board suggest that blanket policies forbidding employees from using their cell phones (particular where a union is involved) during working hours are illegal. (Warren Unilube, Inc., 26-CA-023910, for example). Clearly, the specific parameters that you can set for employee cell phone use will depend greatly on the type of business you run. We can help you tailor a policy that will be both legal and effective.
What’s next?
In my next blog post, I will discuss the behemoth that is “social media.” Do not be afraid. For all of the pitfalls, your younger employees can also be incredible assets when using their social media skills.
This blog is created by Attorney Michael C. Hamilton, a member of Weber Gallagher's Employment Group. Michael has over 16 years of experience in counseling and defending employers in employment, labor and other litigation matters. As a father of two almost-teenagers, he is positioned to advise clients regarding labor issues relative to the younger generation.