Consider the HR repercussions of a paperless workplace
There are many ways employers can be environmentally innovative in workplace practices, but they must do so cautiously with regard to HR practices.
1. Paychecks
Many employers encourage payment through direct deposit. However, studies show that an increasing number of employees, many from minority groups with federal employment protections, do not have bank accounts. Thus, there is the potential that mandatory direct deposit programs may put an employer at risk of violating state or federal anti-discrimination laws. In addition, Maine law provides that the employee has to have the option to either make an initial withdrawal of the entire net pay without additional cost or to choose another means of payment that involves no additional cost. For those reasons, payroll cards have become another popular option in lieu of paper checks.
2. Personnel files
An employer can maintain a paperless personnel file as long as there are adequate safeguards to ensure the maintenance, integrity and confidentiality of the information. Access to the electronic records must be just as restricted as access to the paper file and just as accessible to the employee. The federal Equal Employment Opportunity Commission has said that an electronic record-keeping system could meet the requirements of the laws it administers as long as the system “captures and retains all information contained in the documents” to ensure they are properly preserved. Employers must also be cognizant of state and federal requirements for maintenance and production of certain records, such as pay information. Even Form I-9s can be maintained electronically, according to the Department of Homeland Security, as long as certain controls are in place.
3. Handbooks and policies
An employer may maintain and disseminate handbooks and policies in electronic form as long as employees have access to that format. It is good practice to maintain a record of when the policies were distributed and opened by each employee. For certain policies, such as those barring unlawful harassment or any new policy that has a significant impact on employee rights or responsibilities, it is good practice to also hand it out in hard copy at least once to each employee. This will depend on the nature of the policy and whether state or federal law has specific requirements about dissemination.
4. Applications
Accepting resumes electronically without an application signed by the employee can present some potential problems. This format can make it easier for an applicant to exclude or disguise relevant information, such as gaps in employment, lack of references or prior convictions. Likewise, allowing submission of an employment application electronically without a signature by the applicant results in a failure to have proof that the employee acknowledged that the information is correct and accurate and that the applicant understands he/she may be terminated or otherwise not hired for failure to disclose truthfully the requested information. In addition, such practices may have other implications, such as affirmative action requirements.
Remember, caution must be exercised with any changes to HR practices.
Anne-Marie L. Storey is a partner in the Bangor law firm of Rudman Winchell, where she practices employment law. She will be presenting an expanded version of this topic at the Northern New England Law Publishers HR Convention at the Samoset Resort in Rockport in May. You can reach her at astorey@rudmanwinchell.com
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