Cyber Monday Deals Affect Employers - Not Just Retailers

Author: Marta Moakley, XpertHR Legal Editor

December 1, 2014

Thanksgiving weekend sales may be over, but employers can expect the shopping frenzy to continue well into the first day back at work for many employees - Cyber Monday. But Cyber Monday may not be the only day that employees indulge in online shopping during work hours. In fact, experts forecast online sales to grow between 8% to 11% during the months of November and December 2014.

While Black Friday generally creates issues for employers from a safety perspective, Cyber Monday has garnered employers' attention from a productivity and misconduct standpoint.

Research conducted by Prosper Insights & Analytics for the National Retail Federation about shopping during the 2013 season shows that over 130 million adults were planning to shop on Cyber Monday. Of those shoppers, an estimated 12.4% (or about 16 million) used a computer at work and an estimated 18.9% (or about 24 million) used a mobile device.

Employers have a number of options in addressing these practices. Many employers choose not to prohibit online shopping altogether. However, some organizations may choose to monitor computer use and web browsing by employees. Others ban any personal use of employer equipment as well as the use of personal devices during working time.

Failure to address excessive time theft by employees or lapses in compliance with workplace computer policies could create a morale problem for other co-workers. In addition, an employee's misuse of company time, equipment or resources may well result in a workplace investigation - either by an auditor or an enforcement agency. For example, a public college employee in Washington was recently fired for online surfing and time theft as a result of a co-worker's whistleblower complaint alleging misuse of state resources.

While employee discipline remains a viable option to address employee misconduct related to holiday shopping, if the discipline is not conducted in a fair and consistent manner, a discrimination or retaliation complaint may result. As with any challenging employment practice, an employer should take steps to remain compliant with federal and state laws when addressing employee misconduct related to Cyber Monday deals.