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We recently asked our readers, "Does Your Organization Permit Employees to BYOD?" According to the poll, only 17 percent of employers do not allow employees' mobile devices at work.Here are the specific responses: Yes, employees can have their own devices, but not use them for work. (24%) Yes, employees can bring their own devices and use them for work. (54%) No, employee devices are not permitted at work. (17%) Don't Know. (5%)CommentaryThe important statistic for employers is that over half (54 percent) of employers not only allow employees to bring their own devices to work, but also allow or require them to use their own devices for work purposes. This workplace trend brings challenges for employers – confidentiality, liability, harassment, social networking, email and file-sharing are all areas of potential risk. This Site offers a model policy titled Equipment, Internet and Network Usage. To see if you have access to this policy, log on and go to Knowledge Vault and then Model Policies. Developing a policy tailored to your organization's needs is critical. This informational piece was published on April 6, 2012. Finally, your opinion is important to us. Please complete the opinion survey: I found this article very helpful. I found this article helpful. I did not find this article helpful.   April 6, 2012

In fiscal 2011, 1,548 soldiers filed complaints of violations of the Uniformed Services Employment and Reemployment Rights Act (USERRA), enacted in 1994. The law applies to all employers but the federal government was the largest single offender in 2011 accounting for 18 percent of the complaints. More than a quarter of federal employees are veterans, and the federal government is the largest employer of National Guard and reservists. About 14 percent of the 855,000 Guard members and reservists serving hold civilian jobs with the federal government. But lately the U.S. government has denied jobs and withdrawn job offers because service members were not yet released from military service. Other veterans claim they have been fired after service-related absences. Some government employers have forced reservists to leave military service as a condition of employment, which is also prohibited. USERRA calls on the federal government to be a "model employer" for service members. At the same time, some of the worst offenders are the Defense Department, Department of Homeland Security and the U.S. Postal Service.One purpose of USERRA is to protect the civilian careers of returning service members so that they are not disadvantaged because of their service. Experts say the system for changing employer practices is flawed because there is not a single agency with enforcement oversight, and there is little incentive for the government to improve. "Returning veterans allege job discrimination by federal government," www.mysanantonio.com (Feb. 19, 2012).Commentary Congress passed USERRA in 1994 to prohibit employers from discriminating or retaliating against employees or applicants for employment because of their past, current or future military service.USERRA covers nearly all employees, including part-time and probationary employees. The Act applies to persons who perform duty in the "uniformed services," including the Army, Navy, Marine Corps, Air Force, Coast Guard, and Public Health Service commissioned corps, as well as the reserve components of each of these services. Federal training or service in the Army National Guard and Air National Guard also falls under USERRA. In addition, under the Public Health Security and Bioterrorism Response Act of 2002, certain disaster response work (and authorized training for such work) is considered "service in the uniformed services."While the source article focuses on discrimination by government employers, virtually all employers, regardless of size, are subject to USERRA. Employers must make reasonable efforts to train or retrain returning service members to help them qualify for reemployment or provide alternative positions if the returning employee cannot qualify for the "escalator" position – the job the employee could have expected to achieve if he or she had stayed on the job rather than serving in the military. But employers must not forget that discrimination based on military service or status is prohibited by the Act for first time job applicants as well. With many service members returning to the workforce, employers must not reject job applicants who have served in the armed forces simply because of preconceived notions, assumptions or stereotypes relating to their military service.Also, USERRA requirements provide a minimum standard, but states can add additional protections that go beyond the federal ones. An employer should always check with an attorney to see if its state has protections for service members beyond those found in USERRA. Related Links Hiring Veterans - A Step-by-Step Toolkit for Employershttp://www.dol.gov/dol/topic/workhours/flexibleschedules.htm This informational piece was published on April 5, 2012. Finally, your opinion is important to us. Please complete the opinion survey: I found this article very helpful. I found this article helpful. I did not find this article helpful.   April 5, 2012

A recent study published in the Journal of Applied Social Psychology shows a strong relationship between characteristics revealed on Facebook profiles and success on the job.Researchers asked two students and a university professor to spend 10 minutes going through the Facebook profiles of employed college students. They looked at comments, photographs, friends and interests and then answered a series of personality-related questions about the student workers. (e.g., "Is this person dependable?" "How emotionally stable is this person?")A large number of friends and a wide range of interests demonstrated agreeability. The researcher also found that photographs of employees partying were seen as positive because they showed the person was sociable and extroverted. Six months later the researchers obtained supervisors' performance reviews of the students' work and compared them to the earlier Facebook evaluations. They found a strong correlation between high scores for traits including curiosity, agreeability and conscientiousness and successful performance at work. The researchers believe the Facebook evaluations proved to be more accurate than traditional personality tests that employers often use to gauge potential employees. "Your Facebook profile 'can help predict your job performance,'" www.economictimes.com (Feb. 23, 2012).CommentaryThe study described in the source article was conducted by Dr. Peter A. Rosen, a professor at University of Evansville and Dr. Don Kluemper of Northern Illinois University. According to an article posted in Social Media News, the two men decided to team up to do the research because Dr. Rosen's research was focused on social networking websites and Dr. Kluemper's research was centered on personality.When Dr. Rosen was asked what job seekers should avoid on their Facebook profiles, he said, "While you might think that I am going to say avoid posting pictures of you and your friends enjoying an adult beverage, my answer is a little different. My personal peeve is the person that consistently posts negative status messages, which shows that they score low in the personality trait of emotional stability. There is something to be said about hiring a positive person in the workplace."Based on the study, employers can glean both positive and negative attributes from applicants' social media posts. The best practice for employers is to check a job applicant's public social media profile as part of the background check process. They should look for qualities that may help the applicant in the job as well as positive, negative and detrimental posts. Remember, few jobs require a negative attitude. In the end, happy employees are better employees. For more information on using social media in the hiring process log on to read Social Media Background Checks - A New Tool or a New Source of Liability? published on this Site. This informational piece was published on April 3, 2012. Finally, your opinion is important to us. Please complete the opinion survey: I found this article very helpful. I found this article helpful. I did not find this article helpful.   April 3, 2012