by Stephen D. Hans | Aug 22, 2023 | Onsite Work vs. Remote Work
Pros & Cons about where workers work Post-pandemic, many employers are wrestling with where employees should work: onsite work vs. remote work. There are advantages and disadvantages for each option, not to mention industries and work situations differ. What are the advantages of onsite work? According to shrm.org , different executives have weighed in, explaining that some of the pros of onsite work include: Boosts in productivity for some job roles Ability for executives and managers to check and assess the work more easily Employee interaction that fosters working relationships and builds trust More successful collaboration Greater ability for employees to advance within the organization Advancement that tends to drive morale and productivity Easier for brainstorming ideas Increased socialization, which is more vital for new employees What are the pros of onsite work from the employees’ perspective? Seyfarth at Work conducted a survey of more than 500 employees who worked in companies of all sizes during the pandemic. These were some of the results as to what employees felt they were missing by working remotely: In-person workplace conversations (answered by 61%) The daily, regular structure of reporting to a worksite (42%) Happy hours and lunches with co-workers (40%) Fewer interruptions by children during the workday (37%) Other benefits were that worksites provide easy access to equipment, supplies and technology. What are some of the advantages of remote work? Some of the advantages for working remotely from employees’ perspectives included: More flexible schedules Better schedules for customer service, sales, content creation and IT workers 70% of workers wanted more flexible future schedules As an employer, do you have legal questions...
by Stephen D. Hans | Aug 15, 2023 | Family Medical Leave Act (FMLA) Can Apply to Overtime Mandatory overtime
Mandatory overtime can apply to the FMLA The FMLA can apply to overtime, but some employers might not realize this fact. The U.S. Department of Labor (DOL) issued an opinion letter in February of 2023 stating that FMLA can affect overtime hours. The letter confirmed that employees can use intermittent FMLA leave when they’re unable to work the required overtime hours. In fact, they can take their FMLA leaves on an hour-by-hour basis. What is a reduced leave schedule and how does it work? A reduced leave schedule is a leave that reduces the usual number of weekly hours by the week or per workday. This is not new, but the opinion letter that addresses this fact is. When the FMLA can apply to overtime, what industries does this affect the most? According to SHRM.org ,the following industries will likely have to deal with this issue: Health care Police Firefighters These industries often work 24/7 and overtime is more prevalent than in other lines of work. How should an employer view a request to use FMLA time for overtime? For example, in the health care industry, employees often work 12 hours, which are long shifts. Different states have different laws affecting overtime, which can affect the length of shifts. However, when an employee has not used their FMLA leave, the request not to work overtime should be treated as an FMLA protected leave. This is provided that the reason for the leave meets FMLA requirements. Calculating used and unused FMLA leave time is something employers should keep track of and do. In other words, an employee working a typical...
by Stephen D. Hans | Aug 8, 2023 | Sexual Harassment, Sexual Harassment in the Restaurant Industry
Sexual Harassment Issues in the Restaurant Industry A McDonalds franchise, AMTCR, Inc. settled their sexual harassment lawsuit with the EEOC in January 2023. AMTCR is a franchise owner operating approximately 18 McDonald’s restaurants in Nevada, Arizona and California. What were the details of the case? The EEOC (Equal Employment Opportunity Commission) brought the case against AMTCR on behalf of the workers. The case revealed that AMTCR knew supervisors, managers, and co-workers were sexually harassing employees at various McDonald restaurants. However, they allowed the harassment to continue and did nothing to deal with it. What types of harassment occurred? The targeted employees were young males and females. The behavior violated Title VII of the Civil Rights Act of 1964, and included unwanted: Touching Offensive remarks Sexual advances Intimidation The unwanted behavior had occurred since 2017. The EEOC filed its original complaint in Sept. 2021. It complained of the alleged harassment of 11 victims. The hostile work environments and sexual abuse had resulted in most of these employees quitting their jobs. What were the details of the settlement? A U.S. District Judge in Las Vegas heard the case, and the case settled for $1,997,500. Eligible complainants will receive the money from the payout. In addition, the judge’s decree required AMTCR to maintain an outside monitor for overseeing how the company handled their harassment and retaliation complaints. AMTCR agreed to do the following: Improve employee training Track harassment and retaliation complaints Survey employees annually regarding workplace conditions Details of an earlier McDonalds lawsuit that involved McDonalds directly McDonalds was not a party in the above lawsuit. However, in April of 2021, McDonalds...
by Stephen D. Hans | Jul 31, 2023 | NLRB
NRLB reverses a decision The National Labor Relations Board (NRLB) disagreed with an administrative law judge that certain severance agreement terms were lawful. The Board reversed its decision in the case McLaren Macomb. Its finding was that even offering a severance agreement containing overly restrictive terms would be an unfair labor practice. What are details regarding restrictions on severance agreements changed? Being offered an unlawful severance agreement is enough to bring a complaint against an employer. Previously the rule was that signing an unlawful severance agreement was necessary to bring a complaint. How did the decision affect confidentiality and non-disparagement provisions? A confidentiality agreement binds one or more parties to non-disclosure of information considered to be confidential or proprietary. In general, the NLRB opposes confidentiality provisions but would allow them if: Narrowly tailored Restricting the dissemination of proprietary or trade secret information For a limited time period Based on legitimate business justifications How did the decision affect non-disparagement provisions? The legal term disparagement refers to publicizing derogatory statements that are false and harmful regarding a business, product or another’s property. Non-disparagement provisions would prevent disparagement. Concessions made for non-disparagement provisions were if they were: Limited to employee statements about an employer if they met the definition of defamation Maliciously untrue Made with knowledge of their falsity Made with reckless disregard for their truth or falsity The NLRB also would not provide protections to supervisors when offered overly broad severance agreements. An example would be an agreement preventing them from participating in an NLRB proceeding. Reference: JD Supra As an employer, do you have legal questions about restrictive clauses in...
by Stephen D. Hans | Jul 24, 2023 | New York's Sexual Harassment Prevention Model
Are you in compliance with New York’s new sexual harassment prevention model? Based on New York law, every four years, the State must review the sexual harassment prevention model (implemented in 2018). Recently this occurred, and as a result of the review, more revisions and clarification are now part of the model. The following are some questions employers might have regarding recent updates to the model. Has the model for gender identity changed? Yes, there are additional gender identity definitions for employers. The definitions address: cisgender, transgender and non-binary. Sexual harassment and gender discrimination manifest in other ways than sexual contact and sexually suggestive conduct. Gender stereotyping also constitutes sexual harassment. Examples would be treating employees differently based on gender identity, which includes cisgender, transgender and non-binary gender identification. What clarifications are in the model now? The model provides further examples of sexual harassment, discrimination and retaliation. In particular, it provides examples of sexual harassment arising in the context of remote work through electronic communication. The model clarifies that “intent” is not a defense to harassment or discrimination. In addition, the objective standard for evaluating harassment and discrimination has chanced. The “reasonable victim” are now a standpoint for viewing claims. This applies the the same protected class or the same protected characteristics. Furthermore, the model does not only apply to sexual harassment where gender is the protected class. The model also applies to other protected classes such as race, ethnicity, age, color, etc. “Bystander intervention” is described more in depth. The model clarifies courses of action a bystander, which could be a co-worker, can take when witnessing sexual harassment...
