Total Articles: 172
Quarterly Employment Litigation Index
The latest ManpowerGroup Quarterly Employment Litigation Index shows that far more employers are seeing an increase (versus a decrease) in claims.
The 2012 Employment Law Tool Box
Loaded with tons of tools and tips, including an employment glossary, cheat sheets on each major law, an interview checklist, termination tools, a sample social media policy and much more
Short-sighted Frugality? Employers Who Rein in Compensation Too Much Could Pay a Price Later
As economic malaise bleeds into another New Year, employers are making hard-nosed decisions about benefits and compensation. That means for many in the nation's workforce, compensation remains flat, health care premiums are up, the 401(k) match has disappeared and bonuses are smaller or nonexistent. The result is not hard to guess. When workers feel that "the company is doing fine, but somehow I'm doing worse, at some point there has to be some dissatisfaction with that. It's not sustainable," suggests Wharton management professor Adam Cobb, who studies labor, worker benefits and income inequality. "I think there's a general feeling of: This system is rigged and not in my favor."
The Pacific N.W. Employer Winter 2012
A bulletin on employment, labor, benefits and immigration law.
EMPLOYMENT LAW BLOG CARNIVAL, Chinese New Year Edition
The Chinese New Year is almost upon us. In honor of the Year of the Dragon, and in fond farewell to bilingual Jon Huntsman, who announced that he was withdrawing from the presidential race (hmm . . . speaking Mandarin in a Republican debate? . . . not sure that's a choice I'd have made), we have enough employment and HR blog posts to get you through the entire new year's season without repeating once!
Addressing Human Rights Is More Than Having A Policy
No employer wants to be branded a human rights abuser. Yet increasingly companies are accused of violating human rights even in situations where their activities are in compliance with applicable law or were consistent with the manner in which they have historically conducted business. Human rights as they relate to business are here to stay, and every multinational enterprise will eventually have to address them. It is just a matter of when – and under what circumstances – that will happen. It is therefore critical that an employer understand the risks that human rights issues present to the enterprise, and the need for a careful and circumspect approach to them.
This week in labor and employment law - Marx Brothers Edition
It's been another zany week or so in the world of labor and employment law, rivalling Groucho, Harpo, Chico and Zeppo. Here are a few items that jumped out at me. (Each subhead is a line from a Marx Brothers movie or the title of a Marx Brothers movie. Answers at the end.)
Employment law leftovers: Best of 2011, what's up for 2012, and resolutions
After a great holiday feast, isn't it fun just to eat the leftovers? Like a nice, cold roast beast sandwich with a wedge of leftover pie? Yum!
Southern States Legal Round Up
In late September, an Alabama federal court issued orders to prevent enforcement of several provisions of Alabama's controversial immigration law while the overall constitutionality of the law is being litigated.
Happy *hic* New Year! 2011 labor and employment law year in review
What a year, am I right or am I right? Here is a catalog of the major employment and labor law developments from 2011. And, just to keep it entertaining, I've started off each month with a weird but true off-topic story that was in the news that month. Many thanks to Drudge Report archives for the strange stuff. Thanks also to Esquire magazine's annual Dubious Achievement Awards (sadly, discontinued in 2008) and Dave Barry's Year in Review, both of which I am ripping off paying homage to.
House Passes Bill Extending Emergency Unemployment Benefits, Payroll Tax Reduction
Less than two weeks after the Senate failed to advance two competing payroll tax cut bills, the House of Representatives on Tuesday passed its own measure. Approved by a vote of 234-193, the Middle Class Tax Relief and Job Creation Act of 2011 (H.R. 3630) seeks to extend by one year both the payroll tax cut and emergency unemployment insurance benefits, but also includes a number of sticking points that likely will prevent passage of this House bill in the Senate.
Senate Committee Hearing Examines Hiring Barriers for the Unemployed
On Thursday the Senate Committee on Health, Education, Labor and Pensions (HELP) held a hearing to discuss barriers that the unemployed face in the job market. During the hearing, Committee Chairman Tom Harkin (D-IA), along with other Democratic senators, promoted legislation introduced this term that would prohibit discrimination against job applicants based on their unemployment status. Ranking member Mike Enzi (R-WY), on the other hand, said that incidents of outright discrimination against the unemployed, including claims of job advertisements banning unemployment applicants, were “greatly exaggerated,” and that bills targeting unemployment in hiring were misguided. He further argued that Congress should instead focus its attention on the promotion of job training.
House Passes Latest Bill Seeking to Curb Regulatory Efforts
On December 7 the House of Representatives passed the latest bill targeting regulations that have significant adverse economic impacts on businesses. Approved by a 241-184 vote, the Regulations from the Executive in Need of Scrutiny (REINS) Act of 2011 (H.R. 10) would require congressional approval of any major rulemaking effort, defined in the bill as a rule or interim final rule that has or will likely result in an annual economic impact of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or U.S. competitiveness. Under current law, a rule will automatically take and remain in effect unless Congress passes and the President signs a joint resolution disapproving the rule.
Significant 2011 Employment Law Cases
Big five employment law cases of 2011.
"I'll Get You For This" - Avoiding Charges Of Workers' Comp Retaliation
In October, the U.S. Court of Appeals for the 10th Circuit upheld a jury's decision that a package delivery company had retaliated against one of its workers for filing a workers' compensation claim. Fortunately for the company, the Court reduced the jury's $2 million verdict to about $630,000. In July, an Illinois jury awarded a workers' compensation retaliation plaintiff $4.2 million including $3.6 million in punitive damages.
Laborwatch November 2011
Special Focus: Unauthorized Employee Recommendations, References on Social Media May Put Employers at Risk; Failure to Update Non-Compete Agreements after Purchase of Company Foils Enforcement; New U.S. Department of Transportation Chain of Custody Form Must Be Used Beginning December 1, 2011.
Year-End Look Back – The Lowlights
Every year at this time it's traditional to look back and review the year's highlights. Our list is a bit of a twist, however. If there is anything that sets labor and employment law apart from other areas practiced by our legal brethren, it seems to be the high percentage of odd fact situations that crop up. Here are a few that we'll reminisce about for a long time.
A Conversation with Outlier Malcolm Gladwell
While millions of people have read Malcolm Gladwell's books, his ideas have had particular resonance with today's business leaders. As Fast Company magazine said of The New Yorker staff writer and bestselling author, "Gladwell and his ideas have reached a tipping point of their own. "This month, Malcolm Gladwell Collected was published as a boxed set offering three iconic books that have deeply influenced managers over the past decade: The Tipping Point, Blink, and Outliers.
2011 Employment and Labor Law - Final Exam Answer Key
Last week’s final exam generated tremendous response from Nexsen Pruet clients and friends. Congratulations to Sallie Williams and Tracie Beck for being randomly selected from the pool of perfect scores and winning cookie baskets from Charleston Cookie Company and Raleigh Cookie Company respectively.
If you can, give your employees a rest for Thanksgiving
Everybody's thankful but us turkeys! I have much to be thankful for, but as an employers' lawyer, not much in the legal arena. Mostly it's "well, that's bad, but it could have been worse."
Senate Approves Employer Tax Credits for Hiring Veterans
On Thursday the Senate voted 95-0 in favor of legislation that would provide employers with tax credits for hiring long-term unemployed and wounded veterans. These benefits were approved as an amendment (S. Amdt. 927) (pdf) to the 3% Withholding Repeal and Job Creation Act (H.R. 674) that the House of Representatives cleared in October.
2011 Employment and Labor Law - Final Exam
As we near the end of 2011, it is time to test your knowledge of the current state of employment and labor law. The beauty of this exam is that we will send you the answers next week. In the meantime, however, if you email your responses to sslaughter@nexsenpruet.com by Monday, November 14, and you score 100 percent, you will be entered to win a fabulous prize. Charleston Cookie Company and the Raleigh Cookie Company will be providing cookie baskets for one lucky winner from South Carolina and from North Carolina. The winners will be announced when the answer key is released next week.
The Calm Before The Storm?
After the turbulent roller-coaster ride to which the Supreme Court treated employers the last few sessions, businesses across the country are casting a wary eye on Washington D.C. as the Justices gear up for their latest session, which kicked off last month.
Senate Votes Against Advancing Jobs Bill
As expected, proponents of the American Jobs Act (S. 1660) failed to garner the 60 Senate votes needed to proceed with further consideration of the jobs legislation. Democratic senators Ben Nelson (D-NE) and Jon Tester (D-MT) joined 46 Republican senators in voting against further consideration of the measure Tuesday evening. Fifty Democratic senators voted in favor of proceeding, ten votes shy of the number needed to prevent a filibuster.
Giving Aid to the Enemy: The Healthy Workplace Act Explained
David Yamada who posts at Minding the Workplace is also the author of a model bill, The Healthy Workplace Act (HWB), designed to address bullying in the workplace. A recent post, The Healthy Workplace Bill: What’s it all about?, gives a bit of the procedural history but also links to what he calls an "excellent slideshow that explains the need for, and basic provisions of the HWB," that was prepared by Deb Falzoi, a professional web designer and computer graphics expert who doubles as communications director for Massachusetts Healthy Workplace Advocate.
American Jobs Act Includes Several Provisions that Would Impact Employers
President Obama has formally released a draft of his jobs bill to Congress for consideration. As discussed during his address to a joint session of Congress last Thursday, several provisions of the American Jobs Act (pdf) are aimed at easing payroll taxes for employers, promoting hiring of the unemployed and veterans, and prohibiting discrimination against the unemployed. Generally, the Act pieces together a number of bills that have already been introduced in some form within the past year or two.
Labor & Employment Insights (Summer 2011)
Post, Tweet & Link: Employer Liability in the Social Media Context
HR Undercover: Surveillance in the Workplace
Five Critical Legal and Social Issues To Take To Your CEO
How Not to Get Burned By the Company Summer Picnic
Summer has finally arrived, and along with it comes what is for some employers an annual tradition: the company picnic. Company picnics can be a great opportunity to boost morale, especially in lean times. Still, some companies fall victim to the parade of horribles that can result from combining coworkers, heat, sporting events, and alcohol. Here are some common sense tips to prevent that awkward morning-after call to the employment attorney.
I’m Not In Love, So Why Do My Knees Feel Weak? Workplace Crisis Management
Many Delaware residents experienced their first earthquake today. From Virginia to New York, floors were trembling and windows were shaking. The employees in my high-rise office building in Wilmington, Delaware reacted to the experience quite differently: some sat planted in our chairs stunned, later wandering into the hallways to see if anyone else felt the odd sensations, some immediately sought to flee the building, and others were convinced we were in mortal danger and upset the building was not evacuated. How, as an HR professional, do you advise your management to handle these crises—whether fleeting, or one that results in a more drastic impact?
Retailer (August 2011)
Retailer's Recap; Noteworthy Numbers; News and Analysis.
Hitting The Reset Button At Work
If you have ever attended an employment law seminar or a management training class, you have no doubt heard the speaker extol the virtues of consistency when dealing with employees. Consistency provides your employees with clear direction and minimizes uncertainty. Once your employees know what you expect, they are more likely to meet those expectations without the need for discipline.
Why ‘Men Can’: Don Unger and the Changing Face of Fatherhood in America
Donald N.S. Unger is a lecturer in the Program in Writing and Humanistic Studies at MIT. He writes about representations of men, masculinity and fatherhood in popular culture. In Men Can: The Changing Image and Reality of Fatherhood in America, he explores the stories of families in which fathers are primary caregivers or are full partners in raising the children. Knowledge@Wharton recently asked Unger to discuss the changing role of fatherhood, the social, cultural, and economic changes that have contributed to it, and the challenges for women.
Employment Law Update (PowerPoint)
Alan M. Koral Presentation - Employment Law Update (NY) - June 14, 2011 is attached below.
9th Circuit Applies CFAA to Disloyal Employee
Employee theft of documents is a serious issue today. More and more often, employers discover that, before exiting, a former employee took with him (often by forwarding himself via email), many of the company’s confidential documents. The employer has limited ways to respond. If the employee refuses to comply with the employer’s demand to return the documents, it may be necessary to file suit.
The Fallacious Five: Employment law misconceptions that trip up employers
Plaintiff's lawyer Donna Ballman and The Evil HR Lady have had good posts recently on common employee misconceptions about employment law, including the "right" to see what is in one's personnel file and the "right" to take a break.
Little lies employers tell...and why they shouldn't.
All of us have been guilty of fudging on the truth, if not out-and-out lying, from time to time. But the fact that we've done it doesn't make it right. There are many reasons that honesty is the best policy, and with a hat tip to my colleague Bill McMahon for suggesting this topic, I'd like to talk about why it is important in the employment context.
Discrimination Against the Unemployed?
Times have been tough and millions of Americans are unemployed. For companies ready to hire, however, finding qualified, skilled candidates can be as challenging as ever. How about a side of litigation with that?
One Woman's Advice to Another: It's Always Time to Speak Your Mind
Less than 100 years ago, in 1920, the 19th Amendment to the United States Constitution gave women the right to vote. It would take several more decades for women to find their way into corporate America. Today, not only do women have a seat at the conference room table, but some sit at the head. Women have also caught up in terms of education: For every two men who received a college degree in 2010, three women achieved the same milestone.
Charity begins at home...and ought to stay there most of the time
The Wall Street Journal had a good article this week about Girl Scout cookie sales at the workplace and how much charitable solicitation (if any) should go on at work.
State Law 2010 Roundup
In 2010 states continued to enact a plethora of workplace-related legislation, creating additional obligations for private-sector employers. The topics include independent contractors, privacy rights, equal employment opportunity (“EEO”), leave/time off, immigration, and plant closings.
Employers Should Consider Containing Workplace Odors
When a worker douses herself with too much Chanel #5, an employer might dismiss the overwhelming scent as simply annoying to her co‐workers or conclude it's truly an issue that needs to be addressed by creating a workplace policy on scents in the office.
There's That Word Again - Bully
Hat tip to the folks at the Daily Labor Report, who found a case that will fold into my presentation that I will be giving at the 2011 Gulf Coast Symposium on Human Resource Issues later this spring. My presentation is Civility in the Workplace: Now It Is a Legal Issue.
They Say It’s Your Birthday
Today is my daughter’s 7th Birthday. She got out of bed early and excited. She gave extra special attention to the clothes she picked out, and triple-checked her pony-tail was just so. Walking into school with her birthday cupcakes, she bounced with each step. As we approached her first-grade classroom, her teacher exclaimed “the birthday girl is here!” and her classmates shouted out in unison “Happy Birthday Gianna!” and proceeded to embrace her in a group hug. She was grinning from ear to ear the entire time, because she felt special.
Gross Domestic Happiness: What Is the Relationship between Money and Well-being?
Most of us have seen the bumper sticker: "Anyone who says money can't buy happiness just doesn't know where to shop." It's an amusing sentiment, but it provokes an important question: What exactly is the relationship between money and happiness?
What Election Results Mean for Employers (pdf).
The Republican takeover of the U.S. House of Representatives and the Democrats loss of their super-majority in the U.S. Senate in the November mid-term elections had employers dancing in the streets, but the celebration may be short-lived. To be sure, the election results will have a significant impact on the legislative agenda of President Obama, his Administration, and the Democrats in Congress. As the President himself confessed on Election Day morning, My whole agenda is at risk. It might be easy to conclude from what the President called a shellacking on Election Night that his agenda has been completely derailed; but that would be a mistake.
Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010
On December 17, 2010, President Barack Obama signed into law the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, which has been designated P.L. 111-312 (Act). The Act includes a two-year extension of the Bush-era income, estate and generation skipping tax cuts, a two-year patch of the alternative minimum tax, a two percentage point cut in employee-paid payroll taxes and self-employment tax for 2011, and new incentives to invest in machinery and equipment, as well as retroactively enhanced and extended tax breaks for individuals and businesses.
Lactation Accommodation Information.
The helpful folks at the U.S. Department of Labor wants you to know about the new federal requirement that employers grant time off for women to express breast milk.
What Election Results Mean for Employers
The Republican takeover of the U.S. House of Representatives and the Democrats loss of their super-majority in the U.S. Senate in the November mid-term elections had employers dancing in the streets, but the celebration may be short-lived. To be sure, the election results will have a significant impact on the legislative agenda of President Obama, his Administration, and the Democrats in Congress. As the President himself confessed on Election Day morning, My whole agenda is at risk. It might be easy to conclude from what the President called a shellacking on Election Night that his agenda has been completely derailed; but that would be a mistake.
Top 100 Employment Law Blogs.
Yeah, another day, another award. We were included in the Delaware Employment Law Blog's top 100 employment law blogs. See the post here. We're # 17, even. But it seems they grouped them by certain criteria, and then ordered them alphabetically. So, who knows whether they just like us or REALLY really like us. Disirregardless, it's an honor to be read and recognized.
Top 100 Employment Law Blogs.
For the third year in a row, Im thrilled to submit to our readers what I consider to be the best of the best when it comes to employment law blogs. Since this is the third year Ive published this list, and practice does make perfect, Ive imposed a few more rules this time around.
Adjusting to the 'New Normal': The Consequences of Long-term High Unemployment.
What these years have in common is that all have been suggested by economists as possible dates when an economy limping into recovery will give way to a more robust job market and an unemployment rate that, while not as low as pre-recession levels, is expected to be significantly lower than the 9% and higher range the U.S. is currently experiencing.
2010 Holiday Gift Guide: Coworkers and Office Mates
Back by popular demand is this year's edition of the Holiday Gift Guide--ideas for gifts you don't want to buy for people who don't want to receive them. Ah, don't you just love the holiday season? And, this year's shopping list is posted appropriately on Cyber Monday--the day that 20% of Americans are expected to be shopping online--many of them from the comfort of their office.
Retailer (November 2010)
OSHA Has Tips on Avoiding the Holiday (C)rush; When It Comes to Serial Harassers, Spare the Rod and Face the Jury; Noteworthy Numbers: Discrimination Charges, Fiscal Year 2009: Overtime Lawsuits by Retail Managers Just Keep on Comin
What Financial Industry Employers Can Expect Despite Election Results
The Republican takeover of the U.S. House of Representatives and the Democrats loss of their supermajority in the Senate may have the financial industry looking for better times ahead, but dont break out the champagne yet. To be sure, the Administrations legislative agenda has been dealt a serious blow. As the President himself confessed on election day, My whole agenda is at risk. Based on the outcome, it might be easy to conclude that the Presidents agenda has been completely derailed; but that would be a mistake. To continue reading about the Republican takeover of the House, please click here.
Legal Alert: How Will the 2010 Mid-Term Elections Impact Employers?
In the wake of victories that allowed Republicans to take control of the House and gain influence in the Senate, many businesses hope to see reforms of what they view as the anti-business policies of the Obama administration. While the Republican Party's emphasis on scaling back big government will make it difficult for new laws regulating the workplace to be enacted, employers must still deal with measures that have already been enacted. Areas likely to feel the greatest impact include:
Six Tips For Small Businesses
You had a great idea for a product or service, or found a profitable niche to market your talents, and you're off and running. You incorporated your company, got the appropriate licenses, started marketing, and hired some employees. Everything's under control, right? Maybe not. We have seen numerous small businesses get tripped up by employment laws. While larger companies have issues, too, there are a few problems that we see more frequently with smaller businesses.
New Law Creates Right to Pump in Private for Breastfeeding Mothers at Work.
Unbeknownst to many employers, the recently
passed Patient Protection and Affordable Care Act
(the PPACA) includes provisions granting broad
protections to working mothers who breastfeed and
wish to express milk while at work. Most signifi cantly,
the PPACA requires employers to provide
reasonable unpaid break time to nursing mothers
to express their breast milk in a private space for up
to one year after the childs birth.
The Invisible Gorillas Lesson for HR Pros
Any human-resource professional who conducts internal investigations of employee complaints (i.e., discrimination, harassment, bullying) would be well advised to read the new book, The Invisible Gorilla. The book is written by Christopher Chabris and Daniel Simons, the two minds who collaborated on a famous psychological experiment for which they were awarded the Ig Nobel Prize in Psychology.
Management Update (September 2010).
Overtime for Home Care Workers: On the Horizon? New Illinois Law Prohibits Use of Credit History in Hiring and Employment Decisions; USCIS Increases Filing Fees for H-1B and L-1 Applications; Do State Medical Marijuana Use Laws Limit Employers' Ability to Enforce Drug Testing Policies? DOL Publishes Fact Sheet on Requirement of Break Time to Express Breast Milk.
Retailer (September 2010).
Retailer's Recap; Trouble Looms Under the ADAAA; Noteworthy Numbers; U.S. Department of Labor Spells Out Rules On Unpaid Internships.
Working Families Flexibility Act Proposed in Senate
A law first proposed by the late Senator Ted Kennedy has been resurrected and introduced in the Senate by Bob Casey (D-Pa.) and Tom Harkin (D-Iowa). The law mirrors legislation introduced in the House of Representatives in March 2009 which, to date, has gone nowhere. Premised on the purported need of employees to have more flexible work options, it authorizes an employee to request from an employer a change in the terms or conditions of the employee's employment if the request relates to: (1) the number of hours the employee is required to work; (2) the times when the employee is required to work; or (3) where the employee is required to work.
Sweeping Reforms Imposed by Dodd-Frank Act Create Obligations for Employers
This alert is the first in a series that will address significant employment provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act. President Obama signed this massive legislation on July 21, 2010. Dodd-Frank attempts a sweeping reform of the financial and banking industries on a scale not seen since the New Deal era. As the latest Congressional legislation well exceeding 1,000 pages, Dodd-Frank goes far beyond its title and contains a number of measures for employers to consider.
What To Do If Your CEO Is A Ninja
This is a question that executives at Apple are probably asking themselves right now as the result of an unfortunate confluence of events. Apparently, it all started when Steve Jobs, Apples CEO, visited Japan over the summer. During the same time, an individual was stopped at the airport, attempting to carry Japanese throwing stars onto a private plane. A Japanese tabloid put two and two together, and now Apple is in the position of having to deny that its CEO has clandestine job aspirations.
Top Ten Mistakes Made by Departing Employees.
A few days ago, I wrote about the top ten things a company should do when an employee resigns to join a competitor (click here to see that post). But what about the flip side of that coin? What mistakes should be avoided by departing employees and the firms that hire them? Here are ten things to keep in mind
VETS-100 Reporting May Cost Contractors.
A federal appellate court recently ruled that a government contractor could be held liable under the False Claims Act (FCA) for knowingly or recklessly failing to comply with its VETS-100 reporting obligations. The practical significance of this decision is that if employees of government contractors submit inaccurate VETS-100 reports or neglect to file the reports altogether, liability may exist under the FCA.
Be Kind to Your Employees -- The Bad Publicity Isnt Worth It!
A recent spate of highly-publicized stories about employees quitting their jobs have given our attorneys a good laughand caused us to think about good employer-employee relationships.
Utah's Four-Day Workweek Not All It's Cracked Up to Be.
Utah was the first (and only) state in the U.S. to move to a mandatory four-day workweek. Under the system, which was implemented by former Gov. Jon Huntsman in 2008, almost all state employees were converted to a schedule of four, 10-hour days per week. As readers of this blog may recall, I have not been the biggest proponent of the four-day workweek.
Health Care Reform Act Requires Time Off for Employees to Express Breast Milk.
The recently enacted Health Care Reform Act contains a provision that amends the federal Fair Labor Standards Act by requiring employers to provide reasonable unpaid time off and a private place other than a restroom for an employee to express breast milk for a year after a childs birth. There is an exemption for employers of fewer than 50 employees for whom compliance is an undue hardship. The new law became effective on March 23, 2010, and does not preempt state laws that are more generous to employees.
Labor and Employment Insights (July 2010) (pdf).
Skimp Now, Pay Later; Religious Discrimination, Harassment and Accommodation; Eight Ways to Avoid Age Discrimination Liability.
Health Care Reform Act Provides Ample Grant Opportunities.
The health reform legislation signed into law in March provides a significant number of direct and indirect federal grant funding opportunities for medical providers, hospitals, home health agencies, nursing facilities, colleges and universities and employers. Under several of the grant programs, state and local government and non-profit entities are "flow-through" entities through which eligible applicants can apply for federal grant funding.
Top Small Company Workplaces 2010.
Some small businesses have managed to come out on topdespite the difficult economy. In this months edition of Inc. Magazine 20 small businesses are celebrated as the Top Small Company Workplaces.
Today's HR Executives: How Career Paths Have Changed -- and Stayed the Same.
Step into the office of the head of corporate human resources today and the odds are you will find a 53-year-old man with a bachelor's degree who has been with his current employer for 15 years. He has spent about half his work life in HR roles, most often in workforce development. And he would not be that much different from the man holding the job a generation earlier.
The Retailer (April 2010)
Retailer's Recap; Noteworthy Numbers; Supreme Court to Decide Whether Oral Complaints About Pay Are Protected Activity Under FLSA ; No Punitive, Compensatory Damages for ADA Retaliation, Court Says; Head in Sand Is Not an Adequate Approach to Suspected Sexual Harassment.
Passion vs. Profits: Microfinance's Talent Wars.
Employment in the microfinance industry is at a crossroads. When microfinance began, its scope was simple: Charitable, donor-driven organizations with a mission to eliminate poverty gave out very small business loans to help the world's poor. Big banks -- deeming the double- and triple-digit loans too small to be profitable didn't get involved.
The Job Picture When Johnny and Janey Come Marching Home.
Many Americans wonder when the troops will return home. Another question to ask is this: how will we take care of the troops when they return home? Against this background, Congress has a real interest in regulating the civilian employment relationships of uniformed service members.
Vulnerability Assessments - To Be Forewarned Is To Be Forearmed.
With the heightened concern regarding increased federal and state government requirements expanding employer risks and liabilities, as well as employee expectations, many proactive clients are asking what they can do to enhance their positive employee relations programs - and where to start. While there are many elements to be considered in building a successful positive employee relations program - supervisory training, effective communications, continued review and improvement of policies and procedures, dispute resolution processes and more - none is more important than having a program for obtaining regular assessments of employee concerns and job satisfaction.
Workplace Bullies Are Just Big Babies.
In a post titled, Create a Bully-Free Workplace, Nathanael Fast writes about the findings of a study he and Serena Chen conducted on workplace bullying. He reports some interesting findings from the study. For example, he links bullying to significant costs to organizations. Specifically, he says that bullying causes reduced creativity, low morale, and increased turnover, all factors that weigh heavily on the bottom line.
President Signs Law Providing Tax Break for Employers Who Hire Unemployed Workers.
On March 18, 2009, President Obama signed the Hiring Incentives to Restore Employment (HIRE) Act, (Public Law No. 111-147), which, among other things, provides a tax break for employers who hire employees who have been unemployed for the preceding 60 days. The law provides that private employers who hire previously unemployed workers between February 3, 2010 and December 31, 2010 may qualify for a 6.2% payroll tax incentive. Essentially, this incentive exempts employers from paying Social Security taxes on wages paid to these employees after March 18, 2010.
Presenting The Lemmies.
Some say that life is at its best when you are able to combine your work with something that you love. For those of us in the labor and employment world who love movies, what better way to celebrate movie awards season than by reviewing some of the best (and worst) films, all of which have labor and employment law themes? In light of the upcoming Academy Awards presentation this month, and with a tip of the hat to Oscar, here is our listing from the First Labor and Employment Awards. And the Lemmie goes to:
Document Retention Vs. Document Creation: Which Is More Important?
For many years, wage-discrimination claims brought under Title VII have not been prevalent. In fiscal 2009, only 1% of charges filed with the EEOC included an Equal Pay Act claim. In lawsuits, wage-discrimination claims are normally seen only as an appendage to termination claims. This may be because wage differentials often are small and do not create significant monetary damages. For example, a $1.00 an hour wage differential will create only $2000.00 in economic damages each year. That may now change.
Good Reads for Human Resources Professionals.
The February 2010 issue of Law Practice Today, the webzine published by the ABA's Law Practice Management section, is now available and can be read in its entirety at the Law Practice Management section's website. I was the issue editor for this edition, which focuses on the Human Resources side of management. The articles are great and offer lessons that apply to all industries.
A Look Back at 2009 and What 2010 May Hold for Employers.
As anticipated, 2009 was a year filled with change for employers and 2010 may hold more of the same. Our article A Look Back at 2009 and What 2010 May Hold for Employers discusses some of 2009's more significant labor and employment law developments and what employers may have to look forward to in 2010. Please click on the article title, above, to access the article on our web site.
Can a State of Emergency Result in Legal Liability for Employers?
Delaware Governor Jack Markell declared a state of emergency and instituted a driving ban limiting driving to emergency vehicles only as a result of the record-setting snow storms that hit the Northeast this week. While State government strongly urged employers to consider their employees safety and close their businesses for the duration of the state of emergency, nothing prohibited employers from opening for operation during the storm.
Employers Need To Brace For More Changes In 2010.
Although more than 40 different labor and employment law bills were proposed in 2009, Congress acted on very few of them. In 2010, the story could be quite different - especially if Congress can pass health care reform legislation early in the year. At least seven areas of labor and employment law have great potential to be "hot" this year.
Will 2010 Be A "Boom" Year For Healthcare Lawsuits?
During the last decade there was an explosion of overtime pay litigation against employers. Attacks on businesses in various industries including fast-food establishments, banks, retail stores, pharmaceutical sales companies and service providers awakened employers to the fact that the Fair Labor Standards Act (FLSA), which governs overtime pay, has not kept up with the way businesses operate today. Overtime claims have cost employers billions of dollars in damages during the past several years.
One Ambivalent Economy + Many Cautious Employers = One Difficult Job Market.
For those looking for work these days, job security may be a stubbornly elusive goal.
Fantasy Football Real World Concerns.
It will be no surprise if employees approach this year's office Super Bowl or NCAA Tournament pools with a little more trepidation. Last month, Fidelity Investments made national headlines when it fired four employees for participating in a fantasy football league. For those unfamiliar with it, fantasy football is a game in which participants are organized in a competitive league, earning "fantasy points" by using the statistics of real professional football players.
What Can Employers Learn From Conan OBrien and NBC?
Just a few days ago, NBC announced that it was moving the Jay Leno Show from its current 10 p.m. starting time to 11:35 p.m. This move was prompted by complaints from NBC affiliate stations that the Shows poor performance was damaging the ratings of their local news programs and their profits. The move of Lenos show, however, will require moving the start of the Tonight Show to 12:05 a.m. Yesterday, Conan OBrien released a statement objecting to the changes and threatened to leave the show. What can employers learn from this high profile, high-stakes predicament?
The Year In Labor & Employment Law, from A to Z.
The American Recovery and Reinvestment Act, or ARRA, was a comprehensive piece of legislation designed to stimulate the economy during our "Great Recession." For employers, the most significant aspect of the new law involved the continuation of health care coverage through COBRA for those involuntarily terminated since September 1, 2008, with employees paying 35% of their premiums and employers on the hook for the remaining 65%. Although set to expire on December 31, 2009, Congress is considering extending the benefit and raising the employer contribution to 75%. Stay tuned for developments in the early part of 2010.
Top 10 Employment Law Developments of 2009.
As 2009 winds down, its a good time to reflect on the most important employment law developments in what has been a very busy year. Here are my top 10:
An Award You Don't Want: Worst Boss of the Year.
The eBoss Watch Worst Bosses of 2009 award is one that you probably don't want framed above your desk. There are 25 "winners" selected by a panel of experts on workplace behavior, bullying, and civility.
Year-End Lowlights.
Instead of listing some of the highlights of 2009 (we'll be doing that in our January, 2010 issue), we thought we'd list here for your amusement some of the more far out facts in a few cases we handled this year. These aren't necessarily the cases that made new law or placed our clients the most at risk. These are the ones that really had us scratching our heads about why some people bring lawsuits in the first place.
FTC Extends Enforcement Deadline for Red Flags Rule to June 1, 2010.
The Federal Trade Commission (FTC) has again delayed enforcement of the Red Flags Rule. Enforcement was previously delayed until November 1, 2009, but has now been delayed until June 1, 2010.
Top 100 Employment Law Blogs . . . plus 10.
The Top 100 Employment Law Blogs is back and updated for 2009. Ok, so its the Top 110 this year.
The Silver Lining -- Congress Is Distracted.
With the economic downturn and political change in Washington, the past year has been difficult for American businesses. But in many ways, employers have benefited by the fact that legislators have been focused on bailouts, stimulus packages, and healthcare reform. These politically-charged subjects have kept the legislators' focus off of other big changes to the workplace that are waiting in the wings. Without these larger issues, legislators would have been acting on numerous proposed laws to change virtually every area of employment law.
Labor & Employment Insights Summer 2009.
Whoa Nellie!; When Your Employees Come Marching Home: Reemployment Obligations Under USERRA; The Golden State: Changes to ADA, FMLA, Are Old Hat For California Employers, But Watch Out For Meals and Mileage;
More Changes Afoot: DOL to Abolish Employment Standards Administration, NAACP Lawyer to Be Named to Head EEOC.
There have been two recent announcements that will be of interest to corporate counsel and Human Resources professionals.
Will Justice Sotomayor Be Kind to Employers? Magic Eight Ball Says "Outlook Not So Bad"
It's likely that President Obama's recent nomination of Judge Sonia Sotomayor will be approved by the Democratic-controlled U.S. Senate, unless some unknown skeleton appears from her closet.
The Pink Prescription: Facing Tomorrow's Challenges Calls for Right-brain Thinking.
Change may be the only constant, but it's also a constant challenge for educators trying to prepare students for the future. If the world is always in flux, what should teachers be teaching? What should schools be doing to develop the next generation for the dramatic shifts taking place in the way the world works and lives? Does the current curriculum make the grade?
Top 10 Costly Workplace Mistakes To Avoid This Year.
More changes in workplace law will occur this year than in the last ten years combined. Between What's Already Become Law and What's On the Horizon we can help you prepare and save your company from making costly mistakes.
Recently Introduced Legislation that Could Impact Employers.
As a follow-up to our article in the February issue of Management Update, "Significant Legislative Items to Watch," the following bills recently were introduced in Congress and, if enacted, could significantly impact employers.
Federal Employment Law Legislative Update.
2009 is a year of change in the area of labor and employment law. Employers should keep an eye on several bills are pending at the federal level in the areas of paid FMLA leave, the EFCA, and E-Verify.
Education Update: For 2009, the Only Sure Thing is Change - And More Change.
Before most of us even had time to put up our 2009 calendars, huge changes in employment laws were on the way, courtesy of Congress and the new administration. By the end of January, major amendments to the Americans With Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) went into effect. The following month, the economic stimulus package, formally known as the American Recovery and Reinvestment Act of 2009 (ARRA), was signed into law. Among other things, ARRA substantially changed employers' COBRA obligations, allowing eligible involuntarily terminated employees to pass on 65 percent of the cost of COBRA premium payments to their employers.
It's Midnight. Do You Know Where Your Company's Sensitive Information Is?
You may say that it is in the company's files which are locked in _____'s office or the information is in a certain directory on the company's server. We hope you're right. But according to a recent survey, information you believe is confidential may also be in a number of other places as well, including your competitor's offices.
Big Changes on the Horizon for Employers; Preparing for These Changes.
Change was the buzzword of
the 2008 Presidential Election.
While much of the nation is
focused on the economy, the
Obama administration and
Congress are preparing to
introduce a wide array of laws
that have the potential to
radically impact the American
workplace.
THE AMERICAN RECOVERY AND REINVESTMENT ACT: WHAT EMPLOYERS NEED TO KNOW.
On February 17, 2009, President Obama signed the American Recovery and Reinvestment Act (ARRA) into law. The stated purpose of the ARRA, often referred to simply as the stimulus bill, is to improve our economy by, among other things, creating and saving jobs, improving affordable health care, providing tax relief, and improving the nations infrastructure.
Qualified Transportation Benefit Increases.
The American Recovery and Reinvestment Act of 2009 (the "Act"), which was signed by President Obama on February 17, 2009, made many significant changes to the Internal Revenue Code (the "Code"), but one change that has so far attracted relatively little notice is a temporary increase in the amount that can be provided to employees tax free in the form of transit passes and/or vanpooling benefits under Code Section 132(f). Beginning with the month of March, 2009, and continuing through December, 2010, the monthly limit for transit passes and vanpooling benefits (combined) is equal to the monthly limit that applies to qualified parking expenses. This means that, for the remainder of 2009, that monthly limit is $230; before March 1, the monthly combined limit for transit passes and vanpooling benefits was $120.
The American Recovery and Reinvestment Act Becomes Law.
In an effort to combat the length and severity of the already painful recession the United States is experiencing, President Obama, on February 17, 2009, signed into law the American Recovery and Reinvestment Act (the Stimulus Act). At a cost of $787 billion, the Stimulus Act is aimed at creating or saving 3.5 million jobs, improving the nations infrastructure, promoting energy efficiencies,
Those "Other" Causes Of Action.
I suspect that we too often focus all our preventive efforts on the well-known discrimination causes of action (race, disability, age, and so on). But retailers are subject to a number of other state-law employment-related causes of action, and we are seeing these causes of action used more frequently by creative lawyers. Retailers should know something about these causes of action so they can take steps to forestall them.
EMPLOYMENT AND LABOR LAW UNDER THE NEW: ADMINISTRATION: MAKING A LIST, CHECKING IT TWICE (pdf).
As 2008 winds down, we reach the holiday season and what is traditionally a
relatively uneventful time of year for employers and their employment and labor lawyers.
However, unlike the past several years, which saw only a handful of significant employment
and labor law changes, 2009 promises to bring many changes and challenges for
employers and their human resources departments.
2008 Reviewed, 2009 Forecast, Eight Words Or Less.
You may have noticed that the length of what you're reading these days is getting shorter and shorter. People's attention spans are shrinking, as is the content of much of what is being published. Some of today's popular websites include "Five Word Reviews" and "Four Word Film Reviews," and one of 2008's best selling books was "Not Quite What I Was Planning," a collection of memoirs of six words or less (for example, Joyce Carol Oats: "Revenge is living well, without you," and Stephen Colbert: "Well, I thought it was funny").
Women Executives on Work/Life Balance: Flexibility, Networks, Outside Interests.
The oft-used term "work/life balance" can mean different things to different people -- and different things to the same person at various points in her career, according to a panel of Wall Street executives at the recent Wharton Women in Business Conference.
Democratic Sweep To Bring Big Changes to Employment Laws.
Senator Obama has been elected President, but the Democrats did not make the gains they had hoped for in the Senate. Non-union employers who have been concerned about the Employee Free Choice Act (EFCA) may breathe a sigh of relief. It will not pass, at least in its current form. But there is still reason for concern.
Pending Legislation - What the Elections Could Mean for Your Workplace.
Although the Employee Free Choice Act justifiably has received the most attention as legislation that could be passed when a new President and Congress take office, other legislation is also pending that could have a significant impact on the workplace.
Can We Talk? A Guide To Political Expression In The Workplace.
This being a presidential election year, the topic of the "right" of political expression in the workplace is of particular interest. Moreover, given that this year represents the first real opportunity for the election of an African American for President or a woman as Vice President, there are particularly strong feelings among the electorate, including employees. As the campaign season continues and moves toward the general election, many employers are reexamining their rights and policies with respect to political activities in the workplace.
The Impact of Hurricanes and Other Disasters on the Workplace: Employment Related FAQs
This list of frequently asked questions was originally prepared by the law firm of Fisher & Phillips LLP in 2005, in response to Hurricanes Katrina, Rita and Wilma. In the wake of Hurricanes Gustav, Hannah, and other potential catastrophes in the 2008 hurricane season, we have updated and expanded it.
Generation Y @ Work, Part 2
Last month we looked at some of the various legal options that employers have when facing the challenge of a younger workforce. In this conclusion we'll look at some additional, practical steps, that you can take.
No Bullies!
The term bully is often associated with schoolyards. But what happens when these kids grow up? Enter Denny Crane of Boston Legal or Phil Lumbergh in Office Space.
Although these Hollywood examples may be exaggerated, there is reason for employers to be concerned about bullying in the workplace. Bullying results in decreased production, increased turnover, absenteeism, low employee morale, and poor company image. In a 2007 study published in BusinessWeek, employers reported losing an estimated $74 billion annually due to employee absenteeism. Of course, most of that absenteeism probably had nothing to do with bullying, but an estimated 54 million employees, or 37% of the American workforce, say they have been bullied in the workplace, according to a survey conducted by Zogby International.
'Don't Touch My Perks': Companies that Eliminate Them Risk Employee Backlash.
Earlier this summer, when employees first learned of a Google plan to upgrade and dramatically raise the price of its day care program, they wept, according to an article in the New York Times.
Caught in the Middle: Why Developing and Retaining Middle Managers Can Be So Challenging.
Almost every company has them. They may number six or 6,000 and they all share the same job category -- middle managers. They are often referred to as the "glue" that holds companies together, bridging the gap between the top management team and lower level workers. They implement strategy and organizational changes, keeping workers engaged during both good and bad economic cycles.
In Today's Process-Driven Workplace, Collaboration Is King
"The in-box culture is dead," says Evan Rosen in his new book, "The Culture of Collaboration: Maximizing Time, Talent and Tools to Create Value in the Global Economy."
Workers Tell Future President: Decrease Outsourcing, Increase Living Wage.
Americans overwhelmingly want their next President to prioritize improving their standard of living, providing universal healthcare, and slowing the outsourcing of jobs overseas rather than making it easier for immigrants to live and work in the U.S., according to the latest America At Work national opinion survey by the non-partisan Employment Law Alliance (ELA).
Supervisors Play Crucial Role in Employee Relations (pdf).
It is important to keep an eye on the relationship between employee and supervisor.
'Talent on Demand': Applying Supply Chain Management to People.
Failing to manage your company's talent needs, says Wharton management professor Peter Cappelli, "is the equivalent of failing to manage your supply chain." And yet the majority of employers have abysmal track records when it comes to the age-old problem of finding and retaining talent.
Supreme Court Issues Two Important Rulings.
In a pair of decisions issued today, the U.S. Supreme Court weighed in on two topics that impact employers across the country. The Court made it easier for workers to bring claims against their employers for losses to their 401(k) plans, while also clearing the way for employers to enforce arbitration agreements with their employees.
Managing through Disasters -- Workplace Lessons from Recent Tragedies (pdf).
The recent wildfires in California remind us that national disasters and other crisis can occur at any time.
New Compliance and Ethics Rules Issued (pdf).
Contractors and subcontractors who enter into at least one government contract "expected to exceed" $5 million with a performance period of 120 days or more are now subject to a new Federal Acquisition Regulation.
Top Ten Labor & Employment Events and Trends of 2007.
During the past year, employers continued to confront a number of significant labor and employment issues many of which are likely to have a profound impact on the workplace. Our second annual Top Ten Labor & Employment Events and Trends issue, prepared by John Bowen, a partner in our Minneapolis office, analyzes these notable developments.
Free Speech and the Private Sector Workplace.
The right to freedom of speech is at the bedrock of our nations birth and its continued vitality. Like many of our rights as citizens of the United States, free speech is not absolute. Lawyers and courts wrestle with its limits regularly. The right to free speech often conflicts with other rights, such as the right to own private property, to be free from speech that is closely related to unlawful conduct, and others.
Gazing Into the Magic 8-Ball: Employment Law Forecast for 2008.
It's sometimes tough to foresee what the future holds in the always-unpredictable world of employment law. The state of the economy, new legislation, the politics of an election year, unexpected court decisions, societal trends, and media/cultural happenings all play a role in how our workplaces will be shaped in 2008.
The 'Eldercare Generation' Cares About Continuing to Work: Are Companies Interested in Keeping Them?
When the AARP announced its seventh annual "Best Employers for Workers over 50" awards on September 25, the corporations at the top of the list didn't get there by offering the traditional fringe benefit trio of health, life and disability insurance.
The Sex Offender Down the Hall.
"Megan's Law," a federal statute enacted in 1996, required every state to create a registry for convicted sex offenders and make information about certain of those offenders available to the public. This information is available online at such sites as www.megans-law.net and www.klaaskids.org. Anyone can access these websites and search for registered sex offenders by name. There are also features that identify all registered sex offenders living in a particular neighborhood. By way of example, there are more than 60,000 registered sex offenders identified on California's website, www.meganslaw.ca.gov.
Employers Must Comply with Existing and New Laws.
Employers need to be aware of and comply with the following four time-sensitive requirements.
Employer-Sponsored Wellness Programs and Employment Law.
A corporate wellness program focuses on promoting employees good health rather than curing poor health. It can take many forms, including subsidized health club memberships or smoking cessation programs, exercise groups organized by the employer, bonuses promoting healthier lifestyles, and flu shot programs. Some employers also are offering lower health care premium contribution rates to employees who lead healthier lifestyles. Employers who have or are considering introducing wellness programs to their employees should consider some of the obstacles to implementing such programs.
Avoiding Long Goodbyes: Seven Steps for Conducting Successful Termination Meetings (pdf).
Terminating an employee is never easy (unless you really dislike him), and
the very fact that its such an uncomfortable situation may lead you to slip up and
say something youll later regret. Following these seven field-tested steps for
conducting termination meetings will help reduce your risk of being sued, increase
your chances of winning if you are sued, lower your anxiety level in the process,
and avoid long goodbyes.
Congress Faces Heavy-Hitting Legislations - The Winners and Losers.
The U.S. Congress has been busy as of late. Several key issues that have been hotly debated in recent weeks have failed to progress, while others are just making their debut. Below is a summary of the various measures that have a direct impact on employers.
Here Today, Gone Tomorrow: The Trouble With Turnover.
Retailers always have to contend with turnover, but the problem is getting worse, according to recent studies.
The Bureau of Labor Statistics indicates that retail sales was the largest national occupation in 2004 and projects that this job category will see the largest growth from 2004-2014. But recent reports show that a significant number of individuals in these positions plan to seek new jobs this year because of dissatisfaction with compensation. Retail workers also cite frustration with workload, poor advancement opportunities, inadequate training, and lack of professional development among the various reasons for seeking new employment.
Workplace Bullying and the Future of the "Equal Opportunity Harasser".
Everyone is familiar with the mean boss: a chef who yells at the line cooks in the middle of a busy rush, a manager who becomes angry when a deadline is not met, and a boss who criticizes a poor performer in front of other workers. There historically has been a legal distinction between a hostile working environment and mere hostility at work. The courts have ruled that anti-discrimination laws are not a civility code. Judicial opinions frequently say the law does not guarantee a utopian working environment, free from stress and conflict.
Workplace Protections for "Caregivers".
It is no secret that employee demographics are rapidly changing. One statistic receiving both state and federal level attention is the increasing number of caregivers in the workplace.
Jury Service is a Protected Activity (pdf).
Federal and Illinois law protects employees against adverse action because of jury service.
Get Healthy Or Else! Part 1.
In order to combat the rising cost of providing employee health care, employers are begining to put the squeeze on employees to get and stay healthy.
Top Ten Labor and Employment Events and Trends of 2006 (pdf).
This issue highlights the Top Ten Labor & Employment Events and Trends of 2006. Included on this list are: Change In Congressional Leadership May Lead To Profound Shift In The Congressional Legislative Agenda, NLRB Clarifies The Definition of "Supervisor"; Supreme Court Expands Protections Against Employer Retaliation; Targeting Hidden Bias: EEOC Revises Compliance Manual To Address Implicit Discrimination; Davids 1 through 100 v. Goliath: FLSA Collective Actions Target High Profile Companies; Pandemic Fever: Employers Confront Need For Contingencies To Counter Potential Pandemic Illnesses; "Change To Win" Coalition Initiates Aggressive Plans to Organize "Millions of Workers"; New E-Discovery Rules Will Require Comprehensive Document Retention Programs; Congress Enacts Sweeping New Pension Legislation; Support Our Troops! The DOL Implements New Military Leave Act Regulations.
A Checklist For Preventing Human Resources Problems.
Management concerned with employment law liability should be focused on prevention: preventing lawsuits, preventing employee morale problems, and preventing the day-to-day hassles personnel issues can create. The road to success in this area is not paved with good intentions, however. Employers must understand basic human resources principles to avoid the employment law pitfalls that await.
Hospitality: Defamation By Conduct.
The surge in employment lawsuits over the last decade has caused many employers to lose sleep both before and after firing an employee. Discharges invariably give rise to worries about a variety of possible lawsuits including actions for discrimination, wrongful termination, retaliation, breach of contract and more.
Seven Things HR Professionals Should Know for 2007 (Power Point Presentation)
Seven Things HR Professionals Should Know for 2007.
More than Job Demands or Personality, Lack of Organizational Respect Fuels Employee Burnout
When Lakshmi Ramarajan worked for a non-profit organization several years ago, she noticed a high turnover rate among the employees. It wasn't because of the work itself, but because of the organization's management. "Employees were passionate about their jobs, but felt disrespected by their managers," says Ramarajan. "The employees were belittled and patronized, and often publicly chastised for challenging the status-quo." Complaints about the negative work environment "were met with inertia or rejected out of hand. Eventually a lot of employees left."
Efforts Are Growing to Trim the Fat from Employees -- and Employers' Health Care Costs.
Perhaps it was the statement from the Centers for Disease Control and Prevention in Atlanta that more than 30% of all adults in the United States are obese, a number that has more than doubled since 1980. Perhaps it was the new report that obesity may cause as many as 365,000 deaths per year at a time when Americans reportedly spend over $40 million annually on books, products and programs to help them lose weight. Or maybe it was the CDC's dire prediction that "current data indicate that the situation is worsening rather than improving." For whatever reason, the latest statistics have flagged obesity as a serious health issue that corporations can no longer ignore.
Plateauing: Redefining Success at Work.
As an executive coach who works with corporations, Monica McGrath has her ear to the ground. And what she is hearing is this: A number of men and women in middle management are increasingly reluctant to take the next step in their careers because the corporate ladder is not as appealing as it used to be, and the price to climb it is too high. "These people are still ambitious, and they are still driving. They just aren't driving for the same things they were driving for 15 years ago," she says.
More than Job Demands or Personality, Lack of Organizational Respect Fuels Employee Burnout.
When Lakshmi Ramarajan worked for a non-profit organization several years ago, she noticed a high turnover rate among the employees.
Efforts Are Growing to Trim the Fat from Employees -- and Employers' Health Care Costs.
With all the statistics showing how many adults in the U.S. are obese (30%), how many deaths are caused each year by obesity (365,000) and how bad the problem is (getting worse, not better), it's no surprise that obesity is definitely on employers' radar screens this year. But, Wharton experts and others point out, obesity is not just bad for the individual; it also weighs heavily on companies' rising health care costs.
Connecting the Corporate Dots: Social Networks Reveal How Employees and Companies Operate.
With the recent disclosure of wiretapping by the National Security Agency and the booming success of sites like MySpace and Friendster, social networking is much in the news today. But serious interest in social networks can also be found among academics, consultants and corporations seeking to deepen their knowledge of how companies operate. While organizations have been aware of the power of social networks for some time now, researchers at Wharton note that mapping these connections can yield some potent insights, such as how board members interact within and among companies, and how employee relationships can be better understood to improve productivity and the dissemination of ideas.
Disaster preparedness and response: an experienced employer's checklist (pdf).
When it comes to disaster preparedness and response, your editors write with experience.
While reviewing our article titled Weathering the storm: Katrinas lessons on crisis
management for employers from our September 2005 issue, we were reminded of the ways in
which our disaster recovery and response plan worked, and we have since considered ways in
which it can be improved. During the past year, we have studied our own experience, the
experiences of our clients, and the resources made available by the multitude of private and
public organizations prepared to help employers and employees when disaster strikes.
Employee Incentive Systems: Why, and When, They Are So Hard to Change.
In the late 1980s, as part of an effort to beef up its core IT business, Andersen Consulting (now Accenture) began to hire specialist strategy consultants from outside the company. These consultants were more experienced than the usual Andersen employees, and they were accustomed to "much more aggressive individual performance incentives" than was the norm among Andersen's existing IT staff, according to Wharton management professor Sarah Kaplan.
Federal Regulatory Agenda -- Washington In Your Workplace (pdf).
Executive Order 12866 and the
Regulatory Flexibility Act require that
federal agencies publish semiannual
agendas describing regulatory actions
they are developing or have recently
completed. The agendas are published
in the Federal Register, which allows
the public an opportunity to participate
in the regulatory process through a subsequent
notice and comment period.
Washington Update: Workplace Legislation On The Horizon (pdf).
When Congress returned to Washington
for the start of the second session, it
resumed consideration of several significant
workplace bills. Comprehensive
pension reform and immigration
legislation will be among the early legislative
priorities in 2006, a congressional
election year. Executive Branch
and federal independent agencies also
will consider important workplace issues.
Foremost among them are longawaited
decisions in cases pending at
the National Labor Relations Board,
now that the Board has all five members
in place.
Federal And State Governments Waive Regulations After Hurricanes (pdf).
As the Gulf Coast and the nation deal
with the aftermath of Hurricanes Rita
and Katrina, numerous rules and regulations
affecting both employers and
employees have been temporarily suspended
or modified. Employment-related
waivers and dispensations recently
authorized by government agencies,
as well as links to obtain additional
information, are summarized below.
Louisiana Employment Law Letter: Lessons learned from being in path of three hurricanes (pdf).
Everyone is already familiar with the checklist of hurricane
preparations for Gulf Coast residents: flashlights,
batteries, plenty of nonperishable foods, drinking water,
and ladders, axes, or other tools that can be used to gain
access to roofs or higher ground. Businesses need not only
a checklist of preparations but also a checklist of important
things that must be done in the aftermath. Here are
some suggestions for those lists.
Weathering the storm: Katrina's lessons on crisis management for employers (pdf).
We know many of you and your employees were directly or indirectly affected by
Hurricane Katrina. We also know that the magnitude of the disaster, which is being called the
worst in the nations history, was likely greater than anticipated by many disaster recovery plans
implemented by even the most wellprepared employers. Your Louisiana editors are grateful to
have the opportunity to address you once again, particularly since we operate out of our law
firms headquarters in downtown New Orleans. This article was written far from New Orleans
but close on the heels of the disaster that has forever changed much of the Gulf Coast and the
employees who work and live there. This issue contains a series of articles designed to help you
and your employees cope with the crisis and plan for the future.
Is Your HR Department Friend or Foe? Depends on Who's Asking the Question.
Talk to human resources professionals, consultants and scholars who study the workplace and you will find two different views of HR. According to its critics, HR departments can be needlessly bureaucratic, obstructionist, stuck in the "comfort zone" of filling out forms and explaining company benefits, and too closely aligned with the interests of management yet lacking the business knowledge to be effective strategic partners. Dealing with these types of HR departments "is like going to the dentist," says David Sirota.
How to deal with workplace gossip, among other things.
This month we received several interesting questions from our readers. One reader asks what to
do about workplace gossip over whether a female employee had some work done, another
inquires about the reasonable accommodation process, and the last two bring up concerns
about violence from former and current employees. Your questions reveal the variety of issues
HR professionals encounter each day and the different legal and practical considerations that
arise when you deal with them.
New Disposal Rule Takes Effect June 1, 2005.
The Federal Trade Commission (FTC) recently issued new rules governing the proper disposal of
consumer report information and records. The Fair and Accurate Credit Transactions Act (FACT Act), which was signed into law by President George W. Bush on December 4, 2003, amended the Fair Credit Reporting Act by imposing a new requirement on companies that possess or maintain consumer information. Under authority granted by the FACT Act, the FTC adopted the new regulations with the intended purpose of reducing the risk of consumer fraud and related harms, including identity theft. The new rule, which will impact many employers, goes into effect today (June 1, 2005).
Giving Employees What They Want: The Returns Are Huge.
David Sirota, co-author of The Enthusiastic Employee: How Companies Profit by Giving Workers What They Want (Wharton School Publishing), believes far too many managers stifle employee enthusiasm across the board by using bureaucratic or punitive techniques that should be reserved for a troublesome few.
Outsourcing Advisory: Anti-Outsourcing Legislative Update (pdf).
The past two years have seen a dramatic increase of anti-outsourcing legislation
introduced before the U.S. Congress and state legislatures by Federal and state
lawmakers as well as directives by state executive branches.
The CEO's Path to the Top: How Times Have Changed.
In a new study that compares Fortune 100 executives in 1980 with their counterparts in 2001, Peter Cappelli, director of Wharton's Center for Human Resources, and colleague Monika Hamori document what many CEOs and other senior managers have no doubt already witnessed.
IKEA: Furnishing Good Employee Benefits Along with Dining Room Sets
As a rising IKEA executive in the late 1990s, Pernille Spiers-Lopez was charging from one task to another when a sudden chest pain signaled a possible heart attack. Lying in the ambulance, she thought to herself, "Oh, so this is success."
Puzzling through the Jobless Recovery -- Or Is It a Fundamental Shift?
On March 5, the U.S. Labor Department announced that the U.S. economy had created only 21,000 new jobs in February, far below the 150,000 that economists had predicted.
It's Time to Talk Sense about Outsourcing.
Gregory Mankiw, head of the White House Council of Economic Advisors, ignited a firestorm of debate this month when he said outsourcing of U.S. jobs is probably a good thing in the long run.
Tales from the Trenches: Lessons from 30 Years of Career Warfare.
We might like to believe that the way to get ahead in the corporate world lies in hard work and brain power.
"Our Agenda is to be Mr. Asia"
Of all the business processes that are moving to the developing world, one of the fastest-growing areas is human resources.
The Input Bias: How Managers Misuse Information When Making Decisions.
Business decisions are frequently made based on input information that is either biased or manipulated.
What Labor Shortage? Debunking a Popular Myth.
The coming labor shortage. Its a prediction frequently made by think tanks, consulting firms and corporate human-resources executives who expend a great deal of time and energy worrying about how companies and the U.S. economy are going to cope with a dearth of workers in the years to come. The problem, however, is that this piece of conventional wisdom, which holds a host of implications for both the private and public sectors, is false.
Whats Behind Oracles Unwelcome Bid for PeopleSoft?
Oracles Larry Ellison, a chief executive not known for being timid, has thrown a big boulder into a small pond with his companys hostile takeover bid for PeopleSoft.
