Time to overhaul the FLSA, NLRA, FLSA, etc.

[whell]

Flexible Workplace Arrangements (FWA's) - this is a win / win for employees and employers. These arrangements include:

• Flexible schedules
• Compressed workweeks
• Job sharing
• Part-time work
• Telecommuting

Finding ways to accommodate FWA's should be a top priority for business, government and employees, because they serve the interests of Employees, Business and society as a whole:

Employees’ interests
• More flexibility with regard to family responsibilities
• Less commuting time and costs

Employers’ interests
• Increased productivity
• Workforce retention - less turnover, greater employee satisfaction.
• Continuation of operations during bad weather, natural disasters, etc.

Societal interests
• Less traffic congestion
• Reduced fuel consumption
• Reduced demands on transportation infrastructure and reduced costs or maintaining infrastructure.

What’s driving the trend toward more flexible work environments? Workforce demographics are different in 21st century. Consider the following:

• Women comprise nearly one-half of the labor force
• In nearly one-half of households all adults are working
• Dual-earner couples are the norm
• There are more single-parent families
• Many of the people in the workforce are caregivers for older people
• More people with disabilities are working and are able to work because of FWA
• Technology makes a lot possible that wasn’t possible just a few years ago

So, what's the hold-up? Why aren't more businesses adopting these types of programs, and aggressively moving to reduce costs and leverage technology to increase worker satisfaction? Our current landscape of labor laws are the biggest roadblock to FWA's. In many cases, some of these laws are the sacred cows of the left.

The main laws that impact FWAs are:

Fair Labor Standards Act. The federal Fair Labor Standards Act’s rules can interfere with some attempts to arrange flex hours. For example:

• For nonexempt employees, overtime required when working more than 40 hours in a workweek.
• Off-the-clock issues (use of laptops, mobile phones).
• Tasks like uploading data at the end of a day’s work or downloading the list of clients to visit can create issues—do they represent paid time?
One client, Fortney says, requires employees to turn in PDAs when leaving work, to be sure that no one uses them to do any work off hours.

There was an effort to tweak the FLSA under the Bush administration and the left had a cow over it. The efforts were painted as a "war on the working class" (sound familiar?).

National Labor Relations Act. The Act may impose a duty to bargain over FWAs.

Occupational Safety and Health Act. OSHA wanted to control home offices at one point, but they had to back off of that. Nevertheless, you have workers working in places you can’t supervise. Some employers do distribute specific rules for home offices, as is the case with my employer.

Family and Medical Leave Act. The FMLA may come into play, and the Americans with Disabilities Act/ADAAA could bring up questions about flex accommodations required.

I currently work in an FWA, and I can tell you that it is a huge contributor to job satisfaction and productivity. Its also a great employee retention tool - my co-workers and I often comment on how difficult it would be to give up with arrangement and work somewhere else.

An overhaul of these regs in not anywhere near the top of the list of the Obama admin, and the two houses of Congress can't even agree on whether the sun is coming up tomorrow. Apparently improving the lot of working folks wasn't part of the hope and change agenda. I also suspect that most folks are so used to working under more "typical" work arrangements, that they've never considered other possibilities. Therefore, unless folks make some noise that drowns out the "noise" that the unions and their fellow travelers on the left typically make on these issues, we're likely not going to see any action on these issues any time soon.

Thoughts?

[d-ray657]

Originally Posted by whell

FWAs could certainly have a lot of positive aspects if they are not abused.

The main laws that impact FWAs are:

Fair Labor Standards Act. The federal Fair Labor Standards Act’s rules can interfere with some attempts to arrange flex hours. For example:

• For nonexempt employees, overtime required when working more than 40 hours in a workweek.
• Off-the-clock issues (use of laptops, mobile phones).

If you are working for your employer's benefit, you should be on the clock.

• Tasks like uploading data at the end of a day’s work or downloading the list of clients to visit can create issues—do they represent paid time?

If an employee is spending his or her time in a task that benefits the employer, such as data transfer, it should be compensable time.

One client, Fortney says, requires employees to turn in PDAs when leaving work, to be sure that no one uses them to do any work off hours.

That is the employer's choice. If it is important enough to the employer to control the hours worked on its behalf, then it can make that choice. If the employer receives a benefit from the employee working from home, the employee should be compensated.


There was an effort to tweak the FLSA under the Bush administration and the left had a cow over it. The efforts were painted as a "war on the working class" (sound familiar?).

National Labor Relations Act. The Act may impose a duty to bargain over FWAs.

Work schedules are part of the terms and conditions of employment. If employees choose to have a bargaining representative, the employer must bargain with the representative. If FWAs are that good for the employees, then the employers should be able to convince the representative of that.

Occupational Safety and Health Act. OSHA wanted to control home offices at one point, but they had to back off of that. Nevertheless, you have workers working in places you can’t supervise. Some employers do distribute specific rules for home offices, as is the case with my employer.

Family and Medical Leave Act. The FMLA may come into play, and the Americans with Disabilities Act/ADAAA could bring up questions about flex accommodations required.

The FMLA provides time off for some of the things you mentioned as beneficial about FWAs. An employee with a family member with a serious health condition may obtain intermittent leave to care for that family member.

I currently work in an FWA, and I can tell you that it is a huge contributor to job satisfaction and productivity. Its also a great employee retention tool - my co-workers and I often comment on how difficult it would be to give up with arrangement and work somewhere else.

An overhaul of these regs in not anywhere near the top of the list of the Obama admin, and the two houses of Congress can't even agree on whether the sun is coming up tomorrow. Apparently improving the lot of working folks wasn't part of the hope and change agenda. I also suspect that most folks are so used to working under more "typical" work arrangements, that they've never considered other possibilities. Therefore, unless folks make some noise that drowns out the "noise" that the unions and their fellow travelers on the left typically make on these issues, we're likely not going to see any action on these issues any time soon.

SPIN

Thoughts?

Regards,

D-Ray

[BlueStreak]

Forget the eliminating overtime after 40 hours law and the 24/7/365 electronic leash and you may be onto something. Otherwise, you know where you can file this.

Any time, regardless of how minute, spent doing work that benefits the employer should be paid time.

(Sorry, no free rides for Daddy Warbucks.)

Dare I ask; Just what is a "compressed workweek" and "job sharing"?
Sounds eerily like "Employee Empowerment" which, realistically, just turned into "Responsibility Shirking" for supervision and management.

Beyond that most of these changes appear pointed at pear shaped cubcle lizards anyways, so I don't really care. People who cannot perform their "work" from a recliner and have to perform some physical function will still have to go to where the work is. And, no. I'm not working during any category 5 hurricanes.

Other than that it looks fine to me.

Dave

[piece-itpete]

Perhaps 160 hours a month, if the employee signs off on it?

I know a few folks who would work 5 tens/3 tens for the 4 day weekends every other week. Heck I'd consider it.

Pete

[BlueStreak]

So long as overtime is paid for every hour worked over fourty within the seven day period. Remember, Pete. I don't give a hoot about saving the employer any money, or making his life any easier.

It's business arrangement and nothing more. I am not running a charity.

Nor do I cotton to managers TELLING me how much I love their ideas.
And they do a lot of that, these days.

Dave

[merrylander]

The non-profit I worked for did a slightly longer workday so the employees could have a 4-1/2 day week, never did it myself.

As to labour laws I was unaware that this country had any.

[piece-itpete]

Dave, what if I WANT to do the 5 10/3 10 thing?

Rob, sure, they don't make me work in the coal mines 6 12s

Pete

[BlueStreak]

The problem is you drag others with you. I've never seen such a thing left up to individual preference, anywhere I have worked. When we went to our 12 hour schedule, we were TOLD how great it was and that it was discussed with "the guys" (Who ever that is.) and that "they" liked the idea. And then it was summarily rammed down everyones throat.

No matter how you slice it, people end up having these decisions made FOR them. Whether it' the government, the boss, or their fellow employees.

[icenine]

Flex is just another way to take away paid time off at the part time job I have. For example, work is slow so the lead person in charge sends you home. So if you need a 40 hour work week to make your mortgage you have the following choice...get paid only for 36 hours or make up the difference by using your earned paid time off. It is a win for the employer either way you look at it.

[d-ray657]

My wife works four tens, but she almost always gets overtime, because she seldom gets out in 10 hours. They work 12 hour shifts on the weekend, so when she picks up a shift it's big time OT. That's why she won't let them move her into management.

Regards,

D-Ray