Top 3 employment law trends to keep on your radar

Running a business these days is certainly no picnic, thanks to the still-struggling economy and near-constant employment law risk. Management must maintain that perfect balance of awareness and action - or find themselves on the receiving end of a costly, potentially crippling lawsuit.

According to Shanti Atkins, Esq., president and CEO of ELT, the biggest employment law concerns plaguing employers today are:

1) Discrimination. And the claims aren't predominantly sexual harassment anymore, but also sexual orientation, religious and disability discrimination. Are your anti-harassment and anti-discrimination policies in order and, even more important, are you training your managers and staff - thoroughly and regularly?

2) Violence and bullying. Did you know that approximately 20 percent of all violent crime occurs in the workplace? This is no time to ignore bullying and other threatening behavior that could escalate into something more dangerous. Be on the lookout for early warning signs and encourage employees to report concerns immediately so that you can respond appropriately.

3) Wage and hour violations. Perhaps the biggest risk of them all, wage and hour class action lawsuits have expoded. In fact, these claims account for a whopping 84 percent of all employment class action lawsuits. Just as alarming, the Department of Labor (DOL) estimates that more than 80 percent of employers are out of compliance with federal and state wage and hour laws. Not knowing is no excuse. Make sure you're educated on the latest Fair Labor Standards Act (FLSA) guidelines and that you carefully explore any gray areas.

Top 3 employment law trends to keep on your radar

White House gets behind the issue of bullying and how to prevent it

Bullying has grown much bigger than a few mean-spirited taunts from kids on the playground. It has become a type of emotional and verbal warfare that is fought at any age, in any social circle and in virtually any setting (workplaces included). And sometimes the consequences are devastating, as we saw with the tragic stories in 2010 of beleaguered teens taking their own lives to escape the near-constant mocks and insults.

What’s even clearer is that bullying is not some sort of harmless “acting out” that can be brushed aside. Because of electronic mediums and networks like email, texting, Facebook, YouTube videos and more, bullying can become much more pervasive than we ever imagined. We even have a term for it: cyberbullying.

Putting some political muscle behind the issue, President Obama and First Lady Michelle Obama hosted the first-ever White House Conference on Bullying Prevention last Thursday, March 10. It brought together educators, experts, politicians and other concerned individuals to explore how bullying affects American communities and what can be done to minimize it.

"If there is one goal of this conference, it is to dispel the myth that bullying is just a harmless rite of passage or an inevitable part of growing up," Obama said in a speech.  

So what about bullying in the workplace? Is it really that big a deal? Unfortunately,  yes! And we’re learning that it’s just as likely to be delivered by females as it is men. According to a nationwide poll by the Employment Law Alliance, 45 percent of American workers say they’ve experienced workplace abuse, and 40 percent of these bullies are women (with women bullies picking on other women more than 70 percent of the time).

Left unchecked, bullying can deal a dangerous blow to workplace productivity, as well as the individual’s health, causing headaches, loss of appetite, high blood pressure, insomnia, depression and panic attacks.

To deal with being bullied at work, Dr. Michelle Callahan in an article at huffingtonpost.com recommends:  

1. Don't get emotional. Bullies take pleasure in emotionally manipulating people. Stay calm and rational to diffuse the situation.
2. Don't blame yourself. Acknowledge that this is not about you; it's about the bully. Don't lose your confidence, or think you are incapable or incompetent. They are usually beating you at a mind game, not based on your actual work performance.
3. Do your best work. The bully's behavior will seem more justified if you aren't doing your best work, or if you do things like come to work late, take long lunches, turn in work late, etc.
4. Build a support network. Instead of allowing the bully to make you retreat into your office, work on building your relationships with your coworkers so that you have support and the bully doesn't turn them against you as well (although she will try and may even be successful).
5. Document everything. Keep a journal (on your personal computer or in writing, but never leave it in the office) of what happened when (and who witnessed it) so that if you need to escalate this problem to Human Resources, you have the information you need to make your case. Keep emails and notes.
6. Seek help. If you think you're being bullied, it's time to start talking to others who can help you manage this situation. Try a mentor, advocate, seasoned/experienced friend, even a legal advocate who specializes in bullying and inappropriate or discriminatory behavior in the workplace.
7. Get counseling. It will help you deal with the stress, especially if the bullying is already affecting your physical and mental health. You have to take care of yourself.
8. Stay healthy. Maintain a healthy and balanced lifestyle outside of work to help you cope with the madness at work. Work out, get a good night's sleep and eat a healthy diet.
9. Educate yourself. Learn everything you can about bullying, your company's policies on inappropriate behavior and occupational law regarding this kind of experience. The more you know, the better your chances of successfully dealing with this situation.
10. Don't expect to change the bully. Real behavior change is difficult and it takes time. You have no control over a bully's willingness to accept that they have a problem and to work on it. You can do your best to manage the situation, but it's really the company's responsibility to be observant and responsive to the needs of their workers and the general work environment.

Regarding the 10^th suggestion, there are many things you can do as an employer to support a more inclusive corporate culture and prevent bullying and other types of harassment. On-site training can go a long way toward spreading the message that workplace bullying will not be tolerated – at any time and in any form.

White House gets behind the issue of bullying and how to prevent it

Stand up to workplace bullies

"Sticks and stones may break my bones, but words will never hurt me." If only that were true. As it is, words can be extremely hurtful, whether they're delivered by a surly schoolmate when we're young or a cocky coworker later in life.

According to a 2007 Zogby International survey, nearly 37% of workers (or about 54 million people), have been bullied or repeatedly mistreated at work. What’s worse, bullying is on the rise. ValueOptions®, an independent behavioral health and wellness company, reports a spike in people accessing the Employee Assistance Program (EAP) due to on-the-job bullying and other aggressive behavior.

“At work, bullying can be less obvious [then on the playground] and occur over a long period of time, resulting in extreme stress and anxiety for the employee,” says Rich Paul, vice president of Health & Performance Solutions at ValueOptions. The ongoing stress can lead to physical and mental health problems, a drop in job performance and more sick days away from the office.

The top five tactics used by workplace bullies are:

1. Falsely accusing someone of errors that weren’t made
2. Staring, intimidating or otherwise showing hostility
3. Discounting a person’s thoughts during a meeting
4. Using the silent treatment to isolate
5. Exhibiting unpredictable mood swings in front of a group

As with other forms of harassment, employers are responsible for taking a zero-tolerance position against bullying and just as important, educating employees on the words and actions that can get them in trouble. Prevent workplace bullying with Harassment-Free Workplace – Take Control, an engaging, easy-to-use, four-module DVD training program.

Stand up to workplace bullies

When talk of health care reform turns ugly

Whether you support it or scorn it, it’s clear that the new health care reform law has hit a nerve with many Americans. In homes, restaurants, coffee shops and every meeting place in between, heated discussions about the intent and effect of the new bill can be heard. And like a couple of ill-tempered children squaring off on the playground, it’s not always pretty.

But what about the workplace? How far can employees take their political views while on the clock – and what if casual discussions escalate and cross the line?

As a blogger over at LegalWorkplace.com so aptly suggests ...

While you can’t request that employees couch all political discussions at work, you can step in if their water-cooler exchanges dampen their productivity or become nasty.

Bottom line: It’s completely unacceptable for any workplace conversation to intensify to the point of throwing around racial slurs or outright threats. More than that, it’s grounds for immediate disciplinary action. If you witness this (or are the target of such behavior), you should report it immediately to a manager or supervisor.

Most employers would be wise to remind their workforce to behave appropriately online, too. Facebook is not the place for respected professionals to “let down their guard” and spout off their political views. Again, it comes down to remaining calm and balanced, which some people struggle with when their political views are challenged. You never know who among your friends (and business associates) on Facebook is following your rants and questioning your integrity as a result.

Have you noticed more health care reform-related discussions in your workplace? Are employees keeping their emotions in check so healthy discussions don’t turn into harmful debates?

When talk of health care reform turns ugly

‘Encouraged’ nudity grounds for harassment?

On August 27th, employees at Lush stores across the country and overseas were "encouraged" to come to work nude to protest the overpackaging of so many consumer goods.

From a Lush press release -

New York, NY – Wearing nothing but aprons reading “ASK ME WHY I’M NAKED”, employees of LUSH Fresh Handmade Cosmetics will lead a cheeky protest urging shoppers to go ‘naked’ by purchasing products free of packaging. The brave shop workers will educate passers-by on the devastating environmental impact of packaged goods sold in cosmetic shops, supermarkets, and other retailers.

Could encouraging your employees to come to work in the nude be considered harassment? It depends.

One attorney I spoke to asked if it were a quid pro quo situation ... (in other words, were their jobs connected to participation in the nude workday?)

At this point, I have no way of knowing if their job was directly dependent upon participation. But there are more subtle forms of quid pro quo harassment than an outright demand which could push someone into participating because of perceived risks of refusing. Peer pressure or culture of compliance on the job are also powerful tools for "forcing" someone to go along.

The event could also be considered a subtle form of sexual harassment, if it created a sexually charged or hostile environment. Characteristics would of this would include:

• unfulfilled threats to impose a sexual quid pro quo;
• discussing sexual activities;
• telling off-color jokes;
• unnecessary touching;
• commenting on physical attributes;
• displaying sexually suggestive pictures;
• using demeaning or inappropriate terms, such as "Babe";
• using indecent gestures;
• granting job favors to those who participate in consensual sexual activity;
• using crude and offensive language.

Would encouraging nakedness at work fall into a sexual activity category? It would seem that it could be so. If displaying sexually suggestive pictures is harassment, wouldn't nudity in the workplace be even a step beyond that?

What are your thoughts on it?

‘Encouraged’ nudity grounds for harassment?

The positive and powerful side of office gossip

Gossip on the job is an inevitable part of corporate culture. No matter how hard supervisors and HR try to squelch it, gossip will find a way to live on. While hurtful gossip can be detrimental to company culture and may negatively alter coworkers’ perceptions of each other, new research is showing that a little bit of harmless gossip can actually be a good thing.

A recent SHRM article reviewed academic research revealing that women who engage in office gossip are seen as more powerful and as possessing more masculine traits than their other female coworkers.

The studies out of Albright College focused on women and the perceived relationship between gossip and power in an organization. Big gossipers are seen as “significantly more powerful, more masculine and less feminine than low gossipers.” They’re also seen as more controlling and less emotionally warm, even around friends, according to the Albright studies.

People who gossip in the office are perceived as more dominant and aggressive, as gatekeepers of information and "in the know." Those office gatekeepers will often use gossip to “reaffirm their own power within the organization."

Gossip may not always be a bad thing in the office. According to Pat Farrell at WebMD, it may help create group norms and strengthens bonds among those in a group.

It helps us to learn the “rules” of the office and eases the transition into a new corporate culture if one is new to a job.

Just like how a coffee break can help renew your energy level at work and de-stress, a few minutes of chatting about the latest gossip floating around the office “may be just what the doctor ordered,” Farrell says.

The positive and powerful side of office gossip

State Supreme Court upholds ruling in workplace bullying case

In what may be the first workplace bullying case of it’s kind, the Indiana Supreme Court has upheld a $325,000 verdict in a bullying case against a heart surgeon.

A hospital operating room perfusionist (person who operates the heart/lung machine during open heart surgeries) filed suit against the doctor for assault.

While no physical harm was done, assault in Indiana can be committed when a person acts with intent to cause harm to another person and the victim feels reasonably afraid that the contact will occur.

The victim in the case alleged that the doctor aggressively charged him “with clenched fists, piercing eyes, beet-red face, popping veins, and screaming and swearing at him.” The victim backed up against a wall, protecting his face with his hands in fear that the doctor would hit him. Read the full case report.

For more information on workplace bullying, read a past blog post on the issue or search articles from our News & Info section.

State Supreme Court upholds ruling in workplace bullying case

Workplace bullying: More than just a tough boss

Workplace bullying is repeated, health-harming mistreatment in the form of verbal abuse and offensive conduct or behaviors, according to the Workplace Bullying Institute. The wounds from bullying can run deep, even deeper than sexual harassment in the workplace.

Results from a 2007 Workplace Bullying Institute survey of American workers found that:

• 37% have been a victim of bullying
• 49% have experienced or witnessed bullying at work
• 32% occurs behind closed doors
• 50% and more involves targets being publicly humiliated

Another survey by Zogby International discovered that women account for 40 percent of workplace bullies. Over 70 percent of the time, women bullies will target other women.

Researchers also found that workplace bullies tend to be supervisors, but just because a boss is tough, doesn’t always make them a bully.

A tough boss will motivate an employee through constructive criticism and will challenge their teams to work harder in order to achieve goals. A bully would belittle a worker by constantly reminding them of mistakes and insult their work.

Currently there are no anti-bullying state laws protecting workers, it is left up to the businesses to combat workplace bullying before it ever begins.

One public relations firm in Chicago has strict rules prohibiting office gossip. The boss has fired three employees who failed to follow the rules of not talking behind the backs of clients or coworkers, inside or outside of the workplace.

The first step to prevent workplace bullying is to develop a policy that outlines unacceptable behavior and the consequences of bullying behavior. Every company is different and should adopt bullying policies and procedures that fit their unique culture.

Workplace bullying: More than just a tough boss

Workplace bullying more harmful than sexual harassment

Workplace bullying may inflict more harm on employees than on-the-job sexual harassment, according to a recent research study. Researchers presented their findings earlier this month at the Seventh International Conference on Work, Stress and Health.

Bullying includes persistently criticizing employees’ work, yelling, repeatedly reminding employees of mistakes, spreading gossip or lies, ignoring or excluding workers, and insulting employees’ habits, attitudes or private life.

Both sexual harassment and bullying will create negative environments at work, but bullying may create the most negative of the two. Employees who experienced bullying were more likely to quit their jobs, have lower well-being, be less satisfied with their jobs and have less satisfying relations with their bosses than employees who were sexually harassed, according to the researchers.

Bullied employees also reported more job stress, less job commitment and higher levels of anger and anxiety.

“Bullying is often more subtle, and may include behaviors that do not appear obvious to others," said lead author M. Sandy Hershcovis, PhD, of the University of Manitoba. “For instance, how does an employee report to their boss that they have been excluded from lunch? Or that they are being ignored by a coworker? The insidious nature of these behaviors makes them difficult to deal with and sanction.”

How do you deal with and document harassment in the workplace? The “Ask an HR Expert” section of G.Neil.com answers the question.

First, take a preventative stance and have a strong “zero-tolerance” harassment policy. Train managers and employees on the specifics of your policy. If harassment does occur, start an investigation immediately.

See the full entry.

Workplace bullying more harmful than sexual harassment