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Social Media and Social Networking
Governor Ige Might Veto Social Media Privacy Bill

On Monday, June 27, 2016, Governor Ige announced his intent to veto HB 1739 CD1, a bill that would make it unlawful for an employer to request, require, or coerce an employee or job applicant to disclose their social media login credentials or access the  individual’s social media account in front of the employer, subject to certain exceptions.

Governor Ige

This issue has been a hot topic of discussion at the legislature for several years.

Nevertheless, throughout the multitude of hearings and discussions over the bill, I have yet to hear anybody provide a single concrete real life example of where an employer in Hawaii has ever asked a job applicant or employee to disclose their social media login credentials to an employer.  There have been claims that countless employers are demanding that employees disclose their social media passwords to their employers, but when pressed for details, nobody is ever able to provide any – not the advocates, and certainly not the lawmakers who wrote/support the bill.

In my job, I work with Hawaii companies on a daily basis on HR matters.  For the past several years, I have also spent a considerable amount of time counseling employers on issues related to social media in the workplace.  In fact, I have presented several seminars on the topic dating all the way back to 2008.  I can say that with 100% certainty, in all my time working with employers on employment related matters, I have never had a single employer ask me if they can ask their employees to disclose their social media passwords.

To me, this is a bill that seeks to solve a problem that doesn’t exist.  Personally, I commend Governor Ige for his stance on the matter.

 
Presentation for University of Hawaii’s HR Ohana Meeting

Yesterday, I had the opportunity to speak at the HR Ohana Meeting to about 100 human resources professionals from all campuses of the University of Hawaii, which included the Manoa campus, as well as all neighbor island campuses and community colleges.

The meeting took place at Windward Community College, and man, I had no idea that WCC had such a beautiful campus.  On one side of the campus, you have a majestic view of the Koolau mountain range.  On the other side, you have a magnificent view of the ocean.  It was incredible, to say the least:

wcc_koolaus

I was asked to speak about current hot topics in labor and employment law, so I included the following four topics in my presentation:  (1) 2014 legislative update; (2) social media and the workplace; (3) the possible unionization of Northwestern University football players and (4) employment law rights of same-sex couples in Hawaii following the Windsor court decision and legalization of same-sex marriage in Hawaii.

One of the speakers who presented before me talked about the “HR Tsunami” and how the duties of HR professionals in the workplace are becoming more significant as they take on more active roles in the strategic planning and management of corporations.  In other words, HR professionals are not just performing administrative functions.  I felt that this particular topic was a great segue into my presentation, because it gave me an opportunity to discuss the importance of being proactive in employment-related decisions and reinforce my motto that “the best defense is a good offense.”  It was also good to see that so many people chose to attend the meeting; considering that it was voluntary, having 100 attendees is fantastic because it shows that these HR professionals are doing their own part to be more proactive about their job functions.

 
Hawaii Business Magazine Article on Social Media

Happy MDW everybody!  I hope you’re all excited about the three-day weekend coming up.

Social media has been one of the hottest topics of the past few years for human resources professionals, and I’ve been working very hard at keeping Hawaii businesses up-to-date on the latest changes in the law, as well as helping to provide them with some “best practices” for how to handle social media issues for their particular workforce.

twitter comic

The May 2014 issue of Hawaii Business magazine contains a great article by Catherine Toth that addresses some of these issues and discusses current trends for social media and the workplace.  Cat and I had a nice long talk about some of the legal issues surrounding social media, and I ended up having a couple of quotes in the article.

The article can be viewed here:  New Attitudes About Social Media.

 
2014 Legislative Session: Running Updates

Each year, the Hawaii Employers Council provides its members with updates on labor and employment law bills that are being addressed by the legislature. One of those documents, the Legislative Digest, is actually currently available to the general public, and can be accessed here:  HEC Legislative Updates.

Bills that are still alive as of the Second Lateral deadline address (1) the minimum wage, (2) payment of wages via direct deposit and pay cards, and (3) workers’ compensation drugs, fee schedule and settlements.

For the 2014 Legislative Session, the Legislative Digest is available for the following key deadlines:

  • Bills Introduced (available)
  • First Lateral (available)
  • First Crossover (available)
  • Second Lateral (available)
  • Second Crossover (available)
  • Sine Die  (available)
  • Veto Deadline (available)

As more deadlines pass, I will update this blog entry to indicate when the most recent Legislative Digest is available.

Other updates, such as articles providing a detailed explanation of several of the significant measures and talking points on certain bills, however, are available only to HEC members.

 
2014 Legislative Forecast

The 2014 Legislative Session begins on Wednesday, January 15, 2014 and runs through May 1, 2014.  This year, the legislature will likely address several labor and employment law bills that could have a significant impact on companies doing business in Hawaii.  Some of those bills include those affecting the following areas of law:

  • Minimum Wage
  • Prevailing Wage Violations for Public Works Projects
  • Successor Employers and Employee Retention
  • Paycheck Withholding Requirements
  • Independent Medical Examinations for WC Cases
  • Social Media Privacy
  • Meal Breaks
  • Sick and Safe Leave
  • Organ Donor Leave
  • Family School Leave
  • Discrimination Against Unemployed Individuals
  • GET Increase

I recently conducted a webinar for HEC members discussing each of these bills and what they could mean for employers. During the webinar, I (a) discussed the proposed changes or additions to Hawaii’s laws and (b) shared my thoughts on the impact that each of these proposed bills could have on companies doing business in Hawaii.  (HEC members can contact me for a copy of the handouts.)

In addition, I was also recently interviewed by the Pacific Business News (“PBN”) on some of the bills we anticipate will be heard during the 2014 legislative session, and their write-up ended up being the cover story for today’s edition of the PBN.  In addition to discussing employment law bills, the PBN article also discussed bills related to other issues affecting Hawaii employers.  PBN subscribers can access the article here:  Major Business Issues Facing the State Legislature in 2014.

On a final note:  To anybody who goes to the Capitol during session, if you see me there (and I will be there often), please feel free to say “Hi.”  Oh, and Happy New Year everybody!