June 6, 2008.
The Workplace Flexibility 2010 News Roundup is a compilation of the latest news articles, reports and other materials related to workplace flexibility. The News Roundup appears twice-weekly. If you have questions about any of the items, please contact WF2010@law.georgetown.edu.
Articles
Flexible Workplace: Lots of Talk, Little Action
In addition to an overview of the Robert Half International survey, this 5-page article features an interview with Karol Rose, CMO of FlexPaths, who has spent 25 years advising Fortune 500 companies on flexibility policies and has written several books about flexible work practices. The interview includes a description of workplace flexibility and in-depth advice on how to implement workplace flexibility policy.
Parental Leave Elusive for Many U.S. Workers
"You really have to be a middle-class professional to be able to take unpaid leave," said Ann Bookman, executive director of the MIT Workplace Center. Under federal law new parents -- both moms and dads -- get 12 weeks of unpaid time off. But the U.S. Family and Medical Leave Act does not apply to about 40 percent of nongovernment employees, according to a 2000 Department of Labor study. An organization must have at least 50 employees and workers have to have worked at least one year and 1,250 hours to qualify. For many small-business employees, part-time workers or new hires, tough luck…. "Look at your employer's policies," said Debra Ness, president of the National Partnership for Women & Families. "Look at what's happened with your co-workers. Sometimes that can help you negotiate something that would be advantageous for yourself." Even at companies that do offer leave to new parents, fathers get less. Women can take advantage of disability leave due to pregnancy and labor, which men cannot claim.”
Thank God It's Thursday: The 4-Day Work Week
In a Today Show segment highlighting the growing importance of workplace flexibility, host Matt Lauer interviews John Challenger, CEO of Challenger, Gray & Christmas, discusses compressed workweeks, telecommuting and the compact commute. (VIDEO)
Telework Bill Cleared by the House
“A bill that would permit many federal employees to telecommute at least two days every two weeks was approved by the House yesterday on a voice vote. Under the bill, federal agencies would be required to create and implement policies to enable eligible employees to work from home or away from their regular office as long as telecommuting did not hamper their performance or interfere with agency operations. Telework advocates and union officials have been pushing for expanded telecommuting programs in the government for two years, and the House action enhances the chances of Congress sending a bill to the president this year. “
Commissioners Approve Flex Time Scheduling for El Paso County Employees
“On Monday, the County approved a flex time schedule for their employees. County Commissioner Veronica Escobar who sponsored the flex time scheduling for county employees fears that $6.00 a gallon gas later this summer is reason enough to make the change. Employees we spoke to are hoping it becomes a reality. "I live far Eastside, so I drive to downtown everyday, and luckily I do carpool, try to somewhat, but it's a lot of money" said Gabriel Herrera. He knows it doesn't look like paying for gas is going to get any easier, but the new flex time schedules could mean clocking in an hour early, and getting a three day weekend twice a month.”
65. And Still Going.
“People doing the hiring these days, from retail to healthcare to utilities, are counting on that kind of ethic to spread like a celebrity rumor. They need employees to stay on the payroll past the traditional - and increasingly irrelevant - retirement age of 65. Maybe way past. Academics who burrow into the demographics and trends can rattle off enough statistics to make a sportstrivia junkie woozy, but the numbers can be pared to this: As baby boomers make an exodus from employment ranks over the next two decades, there will not be enough Generation Xers to take their places. Last year, an estimated 61.1 million boomers worked nationwide, compared with 54.7 million from Gen X, according to the Boston College Center on Aging & Work. The employment gap could be gaping in states like Massachusetts - already the 12th oldest in the United States - where population growth has flatlined and shows no signs of reviving. A report by the Center on Aging & Work and AARP estimated that about 40 percent of Massachusetts residents will be at least 50 years old two years from now. "We're an aging state in an aging nation, and that creates challenges for individuals and organizations," says Michael Smyer, the BC center's co-director. "The term `older worker' used to lead to discussions about retirement; now it's discussions about retention and engagement."
The Rest of Us
“Of course, you might be forgiven for thinking there aren't many of the rest of us left out there. On the one hand, the media offer us profiles of executives who manage billion-dollar budgets alongside their babies. My personal favorite is Aerin Lauder, senior vice president and creative director at Estee Lauder, who juggles the daily office grind, two sons, and regular appearances in ball gowns and the pages of Vogue. On the other hand, a constant stream of articles and books suggests that everyone else is choosing home and hearth over BlackBerry, business attire, and bank account. In 2003, Lisa Belkin, in a New York Times Magazine cover article, named this apparent phenomenon "The Opt-Out Revolution," claiming that women don't run the world "because they don't want to," at least according to a book club's worth of stay-at-home Princeton grads. The New York Times struck again in 2005, in a front-page article about undergraduate women at Yale who were already planning to forsake careers for children…. In fact, the percentage of women and mothers who work outside the home has been rising steadily not only since the women's movement burst forth in the 1960s, but as far back as 1890, the heyday of 19-century industrialism.Why, then, are Americans still inclined to see working mothers as an issue rather than a fact?
Proposed Bill Would Prevent Improper Worker Misclassification
“Legislation that would prevent employers from improperly classifying employees as "independent contractors" in order to avoid paying them overtime and benefits was introduced May 21, 2008, by Representative Rob Andrews (D-NJ), chairman of the House Education and Labor Committee's Subcommittee on Health, Employment, Labor and Pensions. Called the Employee Misclassification Prevention Act (H.R. 6111), the proposed bill would clarify that such misclassifications are a prohibited under the Fair Labor Standards Act (FLSA)….. The report explains that when employees are misclassified as independent contractors, they may be excluded from coverage under key antidiscrimination, leave and labor standards laws designed to protect workers and may not have access to employer-provided health insurance coverage and pension plans. Moreover, misclassification of employees can affect the administration of many federal and state programs, such as payment of taxes and payments into state workers' compensation and unemployment insurance programs.”
Blogs
Biglaw Perk Watch: More Firms Jump on the 18-Week Parental Leave Wagon
“Several firms have announced new parental leave policies. We'll highlight them here, and Justin will be adding the information to his maternity leave and paternity leave cheat sheets.1. Allen & Overy is one of the three firms to comply with what is becoming the industry standard of 18 weeks paid maternity leave. Paternity leave is 4 weeks. A&O also included parental leave for support staff in its e-mail: maternity leave of 12 weeks and parental leave of 4 weeks. 2. Heller Ehrman is upping its paid maternity leave from 12 weeks to 18 weeks, while paternity leave will stay at 6 weeks. 3. Ropes & Gray is giving moms 18 weeks of parental leave (up from 13 weeks) and giving dads 4 weeks (up from 2 weeks).The firms' parental leave announcements are available after the jump.”
Managing the Multigenerational Workforce
“Researchers found that employers would be effective at retaining retirement-age workers if they offered more flexible work options. "Most older workers who say that they want to extend the number of years they remain in the labor force also say that the typical 8-hour day/5-day week doesn't work for them," said Marcie Pitt-Catsouphes, co-director of the Center on Aging and Work. "Employers who fail to consider flexible work options may be missing important opportunities to enhance both their business performance and their employees' engagement."
Update: Is the Work and Family Agenda Gaining Ground in Congress?
“Our Congressional allies also expect that a bill to provide paid parental leave for all federal employees will be brought to the House floor for a vote in upcoming weeks. Rep. Carolyn Maloney (D-NY) has proposed a bill to provide four weeks of paid parental leave for 2.7 million workers in the federal workforce, and set a standard for the rest of the country’s employers to follow. In addition to these two bills, a number of innovative measures to address the real issues facing today’s working families have been introduced. These bills would provide paid family and medical leave for all workers, including those in the private sector (Reps. Stark, Miller, Woolsey and Sens. Dodd and Stevens); expand the FMLA to cover part-time workers (Rep. Baldwin); extend benefits (including FMLA rights) to domestic partners of federal employees (Rep. Maloney), and make sure victims of violent crime, including domestic violence and sexual assault, can access FMLA when they need to take time away from work to recover (Rep. Emanuel). The introduction of these measures, and the prospects of actual progress for a few, signal that our elected leaders are beginning work to fulfill their promises to improve workplace policies to help working families at a time when many of us need it most.”
Female Brain Drain in Science: "Much Has Yet to Happen"
“After hours on the floor of the New York Stock Exchange Thursday, a group of mostly women gathered to drink wine and discuss new findings on the female brain drain in the fields of science, engineering and technology. Among them were the members of the “brain drain task force,” a group of researchers and executives from Cisco, Microsoft and other big-name companies who were behind [the “Athena Factor”] study … The solutions, said the brain drain task force, included more flexible office hours, better family-care amenities and support from the top. There were murmurs of support for these things throughout the audience, and they swelled to satisfied harrumphs after Aparna Mehrotra, from the United Nations’ Focal Point for Women, rose during the Q&A session and pointed out that companies should also be encouraging men to take on more family-care responsibilities by offering them flex-time, too.”
Reports & Surveys
Having It All: Work/Life Balance
CNN.com/living offers a Special Report for 2008 modeled after a similar report in 2007, with a webpage and articles from CNN staff and various other sources on new problems and solutions to work-life imbalance, and other developments in the work and family arena. Featured articles include everything from students entering the workforce to pregnancy leave to “outsourcing” family duties like school lunches. The report also includes a quiz to identify whether or not you are "off balance", and even a work-life balance calculator.
Poll Results: Does Your Office Allow Flex-Time?
“Monday's [American Hotel & Lodging Association SmartBrief] poll asked readers whether their offices allow flex-time scheduling. 44% said yes, it is an option. 46% said no, it is not allowed.
New Study Shows Gender, Rank and Regional Differences in Finding the Right Fit for Top Corporate Talent
“According to a new study released today by Catalyst and the Families and Work Institute, men and women executives at major global companies actually share the same priorities for what they value most in their workplaces and careers. The survey of over 8,000 senior and "pipeline" (those next in line for leadership positions) executives from 27 countries around the world reveals a number of significant differences in what leaders value based on region and leadership level, but few differences tied to gender…. The study, which categorized respondents into five regions (Anglo North America, Anglo Europe, Latin Europe, Germanic Europe and Asia), also found variation in the values based on rank (i.e. senior versus pipeline leaders) and among leaders in different parts of the world. For example, leaders in Anglo North America more often describe their jobs as challenging than leaders in Anglo Europe, Latin Europe and Asia and also report a good fit between life on and off the job more often than leaders in Germanic Europe and Latin Europe. Based on the study findings, the researchers say that in order for companies to more successfully recruit and retain talented senior management -- and to help find the 'right fit' -- it is critical for them to understand the values that most strongly motivate their executives. They also must recognize that "one size fits all" approaches will not work, particularly as it relates to different regions of the world.” A PDF of the report is available at www.FamiliesandWork.org.
Commuters, Employers Adjusting To High Gasoline Prices, Survey Finds
“With gas prices now topping $4 per gallon in many other parts of the country, commuters and their employers seem to be finally altering their behavior, according to a survey from Robert Half International, a Menlo Park, Calif.-based staffing services firm specializing in accounting and finance. More than 40 percent of those surveyed said their employers are taking some measures to help them pay for higher commuting costs….The survey also showed that the employers themselves are changing the ways they commute. Forty-four percent or professionals interviewed said higher gas prices have affected their commutes, up from 34 percent two years ago when a similar survey was conducted. Among those who said they have altered their work arrangements, the most common changes they reported making include increased carpooling or ridesharing (46 percent), driving a more fuel-efficient vehicle (33 percent) and telecommuting more frequently (33 percent). Three in 10 said they are looking for a new job closer to home.”
Global News
Interview: Achieving work-life harmony is high priority of Singaporean Women
“In an e-mail interview with Xinhua in the context of the Global Summit of Women (GSW) held in the Vietnamese capital of Hanoi this week, Yu-Foo, 58, who is in charge of Singapore's women's movement, said she hopes to see more Singaporean women taking steps to achieve work-life harmony in "today's 24/7 economy. ”Women need to identify and seize new opportunities, stay relevant and acquire new skills continuously in the globalization world which brings fierce competition, she said. However, "we cannot let the demands of work weaken our links with our family," she added. When asked what is the top mission of her ministry to improve the city-state's modern working women's lives, Yu-Foo, who is the Minister of State for Community Development, Youth and Sports, noted that with more women in the workforce, her ministry is working to provide even more accessible, affordable family-friendly support services such as child care and elder care services to help women transit more smoothly from and into the work force.”
Gordon Brown Increases Flexible Working Rights
“Mothers or fathers of children as old as 16 will be given the right to request flexible working patterns from their employers, which could see them working from home on some days or reducing their hours. Currently only parents of children under six years old have the right to request flexible working to help them raise their families - an estimated 3.6million employees - as well as carers of the disabled. But the new rules will extend the right to all those with children up to the age of 16 - an extra 4.5million parents - once they have been in a job for six months. The change would come into effect next April and will affect all businesses from multinationals to small shops.”