August 2015 News

Science “Proves” that Workplace Respect Enhances BothHealth and Productivity …

NEWSFLASH:Researchers have now “discovered” scientific proof that “workplace respect” leads directly to success for ALL PARTIES in a business environment. Through use of MRIs and other tests, neuroscientists and psychologists have been able to observe and measure what happens in the human brain under a variety of circumstances. That work has shown that being treated disrespectfully lights up the same regions of the brain as physical pain, and that a conscious sense that one is being treated fairly stimulates the brain's reward centers, similar to seeing someone you love, or having a really good meal.

Paul Meshanko, in his book, The Respect Effect, notes that brain researchers have found that when a manager treats employees “respectfully” (showing interest, offering support or offering genuine praise) the employee's serotonin levels rise. Serotonin, a hormone and neurotransmitter, which is often identified with feelings of well-being, opens the employee's mind to new ideas, and stimulates the desire to do what the manager wants.

On the other hand, if the manager is dismissive or overtly rude, the recipient’s cortisol levels rise. Cortisol, also a hormone, is released in response to stress. It prepares the body to survive an immediate threat, and swiftly closes the brain off to creativity, or generosity toward others.

Social scientists have found that a harassing or bullying environment does damage not only to the targeted victims, but also to others in the environment, their co-workers. Predictably, a 2012 study by the University of British Columbia showed that employees who were bullied have a greater desire to quit their jobs than those who are not. Less predictable was the finding that co-workers who witnessed bullying or listened to colleagues talk about these incidents reported a desire to leave their jobs in even greater numbers.

Similarly, a 2007 study published in the Journal of Applied Psychology found that workers who observed “incivility” and sexual harassment directed toward women had lowered job satisfaction, burnout, lower commitment to the job, and greater likelihood to leave their jobs, especially if they believed that the employer would not take action to stop the mistreatment. These negative effects applied equally to women and men.

What this means: Scientists now know that harassment and disrespectful treatment in the workplace not only harms the targets, but also the bystanders, and, by extension, the entire business environment. A respectful workplace, on the other hand, leads to higher job satisfaction, increased learning and creativity, improved information flow, and better productivity and resilience.

Did you Know…

Varicose Veins May Be an Industrial Injury!

Many jobs keep employees on their feet throughout the day. So, please know thatprolonged standing may contribute to varicose veins, the twisted and bulging veins commonly found on calves or on the inside of the leg. Varicose veins develop when valves that allow blood to flow toward the heart stop working properly, causing blood to pool in the veins and make them swell. Besides being unsightly, they may be painful, especially when standing or walking. They often itch, and scratching can cause ulcers. Untreated varicose veins can lead to impaired walking and other vascular diseases.

Varicose veins are an under-reported industrial injury. In some cases, they may be recognized as a disability, triggering your need for accommodation on the job. If your job entails hours of standing or walking, varicose veins are likely to be considered a work-related injury. You DO have the right to require the City/County to take care of this condition, including possible loss of income.

Problems caused by varicose veins can result in the loss of your job, so you should not fail to report this condition. Ultimately, you want to make sure that you receive proper medical care – even when you may no longer be employed.

Did You Know…

FAIR LABOR STANDARDS ACT APPLIES TO NURSING MOTHERS

Did you know that August is National Breastfeeding Month and that the right to express milk for a new baby is now covered by federal law? The FLSA requires employers to provide nursing mothers “a reasonable amount of break time, as well as a space, to express milk as frequently as needed” for up to one year after the birth of her child. Here are some of the other requirements:

  • The space must be shielded from view and free from intrusion by coworkers or the public.
  • The use of a bathroom is not an acceptable space to provide to nursing mothers expressing milk.
  • Nursing employees must have access to this space each time they need to express milk.
  • The frequency of breaks needed to express breast milk as well as the duration of each break depends on several factors and may vary.

The Fair Labor Standards Act is celebrating its 75th anniversary this year. One of the original goals of the FLSA was to end child labor and to establish minimum standards for “wages and hours” for all Americans. The “nursing mothers” provision is a prime example of the FLSA’s evolution, as the vast majority of women have entered the workplace.

Wage and Hour Division’s website has a Nursing Mother’s section, which includes information on how an employee may file a complaint if her employer fails to honor the law.

What is “Reasonable Accommodation” for a Sick Employee under the ADA?

1

The Americans with a Disability Act (ADA) was passed in 1990 with the goal of protecting disabled employees against discrimination in the workplace. In public workplaces in California a good number of employees become disabled WHILE EMPLOYED – many of them in work-related injuries. This law, therefore, may be important to the large number of people who repair our streets and sewers, remove our trash, fix our vehicles, even inspect our buildings or type our letters.

Before the ADA, public employers sometimes provided modified duty or reclassifications for injured workers (especially injured Police Officers and Fire Fighters…) but more often than not, they threw injured manual workers out in the streets. The ADA still has large loopholes, but does provide a fairly good “speed bump” on the road to termination. The law states that an employee with a “qualifying disability” must be “reasonably accommodated” as long as this does not pose an undue hardship on the employer. Reasonable accommodation can be re-organizing the office or tool bench or countertop. It can be putting in a ramp, or improving the phone system. It can also be reassigning an employee to an entirely different job. In fact, even if the employer does claim that accommodating the disabled worker does pose hardship, the City/County can be pressed to reassign the employee to an equivalent position (or a lower position) if vacant. (The ADA cannot usually be used to force an employer to create an entirely new position, however…)

So what is a “qualifying disability” and what is an “undue hardship?” A qualifying disability usually means a permanent disability, although the Courts are now wrestling with the question of whether someone who is going through a lengthy recuperation also may have right some to accommodation on the job – rather than losing his job. “A disability” is defined by whether the person has “an impairment that substantially limits one or more major life activities.” Some serious conditions such as cancer or stroke are qualifying conditions, while a pregnancy (It is not an impairment.) or a hernia are not (It does not substantially limit one or more major life activity.).

“Undue hardship” is not defined anywhere. More than anything, it is a line of argument used by employers as to why they should not be forced to keep injured workers. More and more disabled people are beginning to “shove back” through the legal system, forcing employers to PROVE that keeping them on the job would pose great expense or difficulty.

One question that has arisen recently has to do with whether the need for bedrest or hospitalization can be considered part of “reasonable accommodation” which would protect the employee who is undergoing a lengthy recuperation from being terminated. In a recent lawsuit, an employee who was out on unpaid medical leave was able to block termination by arguing that the employer was not subjected to undue hardship by enabling her to be treated at home for a fainting disorder. She was terminated while on leave because she was unable to do the essential functions of her job, but the Court of Appeals ruled that the unpaid leave was a “reasonable accommodation” which did not impose undue hardship on this very large (Walmart) employer.

1

Courts Finally Recognize that

“Not all Retaliation Is One Swift Blow”

In a case involving a junior high school principal who “blew the whistle” on her District’s mis-spending, the California Supreme Court recognized that an “adverse employment action” – in this case, the forced transfer from the school where she had worked for many years – does not always come in the form of monetary loss.

The legal system is finally beginning to acknowledge that employers may use subtle forms of retaliation to “punish” employees who are “complainers.” These might range from assigning unattractive duties or changing work schedules to negative performance reviews, deprecating remarks, harassment over the use of sick leave, difficulty scheduling time off or, as in the recent case, an involuntary transfer.

The Supreme Court’s recent decision focused on the close “nexus” in time between the school principal’s disclosures of what she believed to be improper, if not fraudulent, use of District funds and the District’s decision to transfer her to another school. She had made her suspicions known not only to the District School Board, but also to her state legislator. On other occasions, she had also reported a male teacher who she had seen peering into the girls’ locker room, and another male teacher who made off-color, sexual remarks.

When she was transferred, she filed suit, claiming that she was being retaliated against for whistleblowing. The lower court found against her because her wages, benefits and duties had not been “adversely affected.” The traditional “test” that the Courts have used to determine whether or not an employee is the victim of retaliation had to do with whether the employer’s action “materially affected the terms and conditions of employment.”

On appeal, however, the Supreme Court said judges should consider the “entire spectrum of employment actions that are likely to adversely affect an employee’s job performance or opportunity for advancement in his or her career…” The Court went on to say “there is no requirement that an employer’s retaliatory acts constitute one swift blow, rather may include a series of subtle, yet damaging, injuries.” It ordered the District to re-assign the principal to her original school, and to cease and desist further retaliation.

Executive Order to Update the FLSA will make 430,000 California Employees Eligible for Overtime

For the first time in decades, the federal overtime rules are going to change – to employees’ advantage. In June, the President asked the Labor Department to raise the salary “cut-off” for employees who may be denied overtime on grounds that they may be managers, administrators or professionals. Although the new Guidelines won’t be in effect for several months, the end result will be that many more workers will become eligible for time-and-a-half when they work over 40 hours in a week.

The law applies to public employees, as well as the private sector. Here are the details…

Right now, employees in jobs designated by their employer as “executive, administrative, or professional” can be denied overtime, if they are making over $23,660 a year. This figure hasn’t gone up in many years. In fact, $23,660 is BELOW the federal poverty line for a family of 4! When the new rules come into effect, the “salary floor” will more than double, to $47, 892 and will rise periodically, as the cost of living rises. This means that many people who are currently labeled “exempt” will now be able to collect overtime pay.

You probably thought that managers, supervisors and professionals already make well over $47,892, but this isn’t entirely true. The restaurant and retail industries are rife with “managers” who have been (often improperly) labeled “exempt” under the FLSA. In public agencies the same phenomenon shows up, particularly in recreation departments (i.e. “Community Service Supervisors”) and among 1st line supervisors, across-the-board.

The DOL estimates that about 430,000 in California will either make more money or work fewer hours as a result of this change in the law.

______

DUI…Driving Under the Influence …

What Impact Would An Arrest Have Upon Your Job?

1

1

Unfortunately it happens. You are driving home from a party. You have had a drink (or two or three), and you are stopped for erratic driving. If you are arrested or charged with “driving under the influence,” you will probably have to hire an attorney. The courts take drinking and driving seriously. This is a criminal charge which will result in a fine, some loss of the use of your driver’s license, and possibly, some community service or jail time. Your auto insurance will skyrocket… and will remain that way for several years.

1

The impact on your job will depend on the duties you perform. Whether you drive your car on the job or not, almost all job descriptions require that you carry a valid California driver’s license. At minimum, your license will be suspended for 30 days. If you are not required to carry a special (Class A or B license,) and are NOT required to drive as an essential job duty, the DMV may allow you a “restricted license,” so you can drive back and forth to work.

Even if you are allowed a restricted license, you should know that your employer is very likely to find out about the arrest. You want to be the one who tells them. You have been charged with a felony. You’ll probably be compelled to go through a disciplinary hearing and/or asked to sign a “Last Chance Agreement.” Your union rep can help with this – a lot.

If You DO Drive on the Job…

If driving is a central component of your job, but you are not required to hold a commercial driver’s license, it is essential that you tell your supervisor about the DUI. This is because you will need to ask the City for an accommodation until your license is completely restored. For example, if it’s normally part of your job to drive from the Police Department to the Court, or from library to library, or between City Hall and the yard, you may NOT be able to do this, even with a restricted license. You’ll need to ride along with a co-worker or ask the City/County to relieve you of these duties.

Driving between worksites on City/County time IS driving on the job. In most cases, employers accommodate employees with these short-term difficulties; but they are not required to. If the City/County refuses to accommodate you, you may be suspended, or even terminated – because you cannot perform essential duties. If this happens, you should call your Association staff for help.

If You Are Required to Hold a Class A or B License…

If your job requires you to hold a commercial license, and you are found guilty of DUI, your job is at risk. This license will be suspended for at least a year. If there is a second conviction, you are likely to lose it permanently.

A commercial vehicle driver without a license is subject to termination. If your employer likes you a lot,they may accommodate you (find you a non-driving job) until the license is restored. What determines whether or not an employer is willing to reassign a truck driver who loses his driver’s license for a year? First, whether there IS other work available, which you can perform; and second, your attitude during the entire process. A good, hard-working employee, who is honest, apologetic and has demonstrated his value to the organization, stands a good chance of being accommodated.

Each case is handled on its own merit; there is very little “law” in this arena. People who drink and drive don’t “have to” lose their jobs – but they very often do. There are consequences to our behavior, and the “bar” is very high for public employees. The lobbying of groups such as MADD (Mothers Against Drunk Driving) has increased public focus on this behavior. The public, in generally, supports this increased criminalization -- and employers are becoming less and less lenient.

On the good side, of course, drunk driving has been reduced, and many more people are alive today because of this….

1