Employment Law Alliance Releases Results of #MeToo Survey

#metooThe Employment Law Alliance recently conducted a survey gaging the effect of the #MeToo Movement and Sexual Harassment in the Workplace. As part of the Employment Law Alliance, Young Conaway was one of 382 firms from all 50 states, the District of Columbia, and Puerto Rico who all helped to contribute information regarding these topics. Their survey yielded the following results: Continue reading

Traveling for Work and Late-Night Emails

Traveling for work has its pros and cons.  I spent the last two weeks in sunny Santa Monica, California.  I was there to take multiple depositions in an expedited proceeding, which meant that I escaped my hotel room / conference room for a combined total of approximately 4 hours over a 14-day period.  In fact, I didn’t leave my hotel room or the conference room from which we were working at all until Day 4, when I took the extreme liberty of walking to the beach and back.  (Picture below).  I was out of the room for about 10 minutes-I didn’t even put my toes in the sand for fear that I’d never return to the room.

Two weeks felt like a long time to be away from home.  But it also felt like a long time to be away from my regular work routine.  In particular, my email Inbox expanded beyond my normal comfort level, as I prioritized the case that required my attention the most.Sunny Santa Monica

It wasn’t until late in the evening that I was able to make meager headway in responding to emails I’d received for other matters.  But, had it not been for those late-night (and, sometimes, very early morning) email binges, I would never have been able to get caught up upon my return.  I also would have had some very unhappy clients, who require their lawyer’s prompt attention to deal with emergency issues as they arise.

So I have to question the premise of a recent opinion piece in the NYT, titled, End the Tyranny of 24/7 Email.  The piece features companies, such as Daimler, the German automaker, that sets limits on when employees can send and receive emails.  According to the article, “limiting workplace email seems radical, but it’s a trend in Germany,” where some companies have “adopted policies that limit work-related email to some employees on evenings and weekends.”

On the one hand, putting technical barriers and/or policies in place that restrict certain employees can have its benefits.  In particular, it limits the risks associated with non-exempt employees who send emails during off-hours and who must be paid for that time as time worked.  But it also seems to have some less-than-ideal outcomes.  Specifically, as we move more and more towards a flexible work schedule in an increasingly mobile society, the ability to respond to emails when and where we want can be very important.  And limitations on that ability may not be all its cracked up to be.

Alas, the work-life balance continues to be more of a juggling act than a graceful performance on a balancing bar. Either way, it’s good to be home.

National Disability Employment Awareness Month

Earlier this month, the President proclaimed October 2012 National Disability Employment Awareness Month (NDEAM). The observance is intended to raise awareness about disability employment issues and to celebrate the contributions of our country’s workers with disabilities. This year’s theme is “A Strong Workforce is an Inclusive Workforce: What Can YOU Do?”

In conjunction with NDEAM, he U.S. Department of Labor has launched an online Workplace Flexibility Toolkit to “provide employees, job seekers, employers, policymakers and researchers with information, resources and a unique approach to workplace flexibility.”

According to the U.S. DOL, the toolkit “points visitors to case studies, fact and tip sheets, issue briefs, reports, articles, websites with additional information, other related toolkits and a list of frequently asked questions. It is searchable by type of resource, target audience and types of workplace flexibility, including place, time and task.”

Employer Liability for Employee Injuries In the Company’s Gym

Health-and-wellness benefits are all the rage. Some employers offer their employees a discount on gym memberships. Some offer a monthly stipend to be used towards the fees at a health-club. And some have an on-site fitness center.

Employers who are considering building an on-site fitness center for employees commonly want to know how they can protect themselves against a personal-injury lawsuit. For example, an employee drops a dumbbell on his foot and breaks a toe. (Don’t laugh, people, broken toes are brutal!) Continue reading

A Water Main Break, a Creek, and Other Work-From-Home Distractions

I’m working from home today but not by choice. Our office is quasi-closed today as a result a water main break just a few blocks away from our building in Wilmington, as shown in the video below by 6abc.

Of course, just because I can’t go to the office to work doesn’t mean I get to take the day off–the work still must be done. In the era of mobile computing and the paperless office, this does not present much of a technological challenge. I have ready access to everything I would have access to if I were sitting at my desk. Well, everything but my multiple-monitor computer set-up, I suppose.

But I digress. Which brings me back to my original point.

Working at home is hard. For me, anyway. I am too easily distracted. By the cat, who is as cute as can be and who just loves it when he’s got a lap to sit in, pesky laptop be damned. By the bonsai tree that could use a meticulous pruning. By my car, which is calling to me at this very moment, asking that I give her a nice wash, followed by a leisurely drive with the top down.

Blue Heron

By the view from my deck of the Brandywine Creek, which is as beautiful and serene as one might imagine a lazy creek to be on a clear day in June. Or the Great Blue Heron who, and I am not making this up, is perched on a rock, looking for lunch, at this very moment.

Or the rose garden at the end of my street, which is in full bloom and beautiful beyond belief.

I live in a park, people! It’s not my fault that I’m surrounded by all of these incredible distractions! Blame Mother Nature!

Josephine Rose Garden

But, again, I digress. The point that I am trying to get around to making is that, as a general rule, working from home really doesn’t work for me. At my desk, I’m a disciplined, focused, work-generating fool of a task-master. But at home, I find that I mostly just walk in circles.

Maybe I’ll read some news articles to help me find the working-from-home sweet spot. For example, the Top 10 Mistakes Everyone Makes When Working From Home on Forbes.com. Or How to Work From Home Without Losing Your Mind (or Your Job) by Ask a Manager’s Alison Green at US News’ On Careers blog. According to Attorney Marketing blog, 2% of lawyers work from home all of the time. And good for them–there are plenty of benefits of telecommuting for those who have the self-control to stay on task.

Or maybe I’ll just get back to work. Wish me luck and have a great Friday, wherever you may be today!

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.Juggle work and home with red hands

The proposal does not require the employer to grant any requests, but does set forth employer duties with respect to such requests, and makes it unlawful for an employer to interfere with any rights provided to an employee under the Act. Under regulations to be promulgated by the Secretary of Labor, an employer would have to hold a meeting with the requesting employee and give the employee a written decision on the request, discussing the reason for any rejection and addressing a prescribed list of possible explanations. An employee would be entitled to request reconsideration and the employer would be required to provide a written response to that request as well. In short, it would create an unnecessary paperwork nightmare.

The proposed law also authorizes an employee to file a complaint with the Administrator of the Wage and Hour Division of the Employment Standards Administration of the Department of Labor for any alleged violations of rights, and provides for the investigation and assessment of civil penalties or the award of relief for alleged violations.

The timing of its introduction suggests that S. 3840  is a political ploy. In view of the current mood of the populace, passage of the legislation is, to put it mildly, a longshot.