What To Expect When You Navigate Labor Laws In The Digital Age
Employees have rights that should be acknowledged and protected. In every labor dispute, a balance must be struck between the welfare of employees and the business interests and regulations of employers. However, the many advancements and opportunities of the digital age could make these workplace relations more complicated. Learn more about how digitalization can alter employer-employee dynamics by reading further into this article.
Digital Literacy As A Common Job Requirement
The rising trend of digitalization means that technology is now an integral part of most, if not all, workplace functions and services. This shift is reshaping job expectations and employment policies, emphasizing the need for employees to possess or acquire digital skills. Despite these developments in the digital landscape, employers should know the following:
- Employers cannot terminate current employees for not possessing digital skills if it was not originally part of their job requirements. That said, they can mandate digital skills for future hires by specifying this requirement in their job advertisements.
- Employers should allow employees ample time to meet these requirements and enhance their digital skills. According to a PwC survey in 2021, 77% of employees are eager to acquire new digital skills, and 80% feel confident in their ability to adapt to new technologies in their workplace.
- The Fair Labor Standards Act in the U.S. mandates that employers must compensate employees for job training aimed at enhancing their skills.
Monitoring The Online Presence Of Employees
Most companies have rules that govern the behavior of their employees within and sometimes outside the workplace. Amid the advent of social media, the personal activities of many social media users have become more public and open to scrutiny. As an employee, it is best to learn the extent of control your employer has over your activities by taking note of the scope of your company’s code of conduct. As such, employers should be aware that their right to monitor employees is safeguarded by the Electronic Communications Privacy Act of 1986, though there are limitations. While employers can monitor and store collected data, they are prohibited from using it for personal reasons or sharing it with third parties:
- Personal devices used for work-related purposes
- Phone conversations, provided that at least one party has consented
- Social media and internet usage during work hours
- Emails transmitted through the employer's network or devices, including private emails
- Employee locations tracked via GPS during work hours
Compensable Hours Of Work From Home
The rise of remote work in many businesses and companies can make workplace operations more flexible. However, the blurred lines between work and personal life may also raise questions regarding compensation and overtime pay, employee supervision, or even sick and vacation leaves. According to a Buffer poll conducted in 2023:
- 71% of participants said that establishing boundaries at work is crucial;
- 81% of respondents admit to checking business emails after working hours;
- 63% claimed that they are still doing their work on the weekends; and
- 34% were still working during vacations.
This emphasizes the necessity of explicit contract clauses, such as those pertaining to overtime pay and compensation for work completed beyond standard hours.
Conclusion
The dynamics between management and employees are ever-changing, especially amidst the digital evolution across many industries. Employees who are focused on getting their jobs done may find it hard to navigate these rapid transformations. Fortunately, we at the Warner Law Firm dedicate ourselves to safeguarding workers’ rights by keeping abreast of the complexities introduced by the digital age. If you need reliable legal counsel to pay close attention to your case and get you the best results in every dispute, then contact us today to learn more about our legal services.
