Labor Law Center Blog

Cases Coming to the Supreme Court: Can Employees Invite Others After an Offer of Judgment?

August 24th, 2012 Posted by Nancy

In October 2012, the U.S. Supreme Court will begin its new term by deciding an employment law case focused on the Fair Labor Standards Act.

In Symczyk v. Genesis Healthcare Corp. (2011) the Supreme Court will decide whether plaintiffs can invite others to join a suit, even once the employer has made an offer of judgment.

In the case, Symczyk, a nurse, claimed her employer made staff members work through lunch without compensation, violating the FLSA. Symczyk sued, and asked the trial court to invite other, similarly situated employees to join the case.

The employer tried to put a stop to the “invitation” aspect of the case by making a formal offer of judgment to end the lawsuit. The employer offered to pay all the alleged unpaid wages—approximately $7,500—and attorney fees and costs as determined by the court. While Symczyk didn’t dispute the offer was adequate, she did not accept it.

The employer argued that Symczyk should not be allowed to continue to prosecute the action on behalf of other employees, since the offer of judgment meant she no longer had a stake in the litigation.

Symczyk objected to the arguments and what she viewed as the employer’s strategic maneuver to “pick her off” before the court could notice other potential plaintiffs in the case.

The trial court, however, agreed with the employer and dismissed the lawsuit. Symczyk appealed, and the 3rd U.S. Circuit Court of Appeals agreed with her, stating that the employer had used the offer of judgment as “a tool for the strategic curtailment of representative actions.”

Whether the Supreme Court will agree that such tactics are impermissible will be decided later this year. Stay tuned for updates to the case.

No Comments >>Posted in Employment Laws
Tags: employees, employer, employment law, fair labor standards act, lawsuit

Remind Your Employees to Wash Their Hands with Eye-Catching Hand Washing Posters

August 23rd, 2012 Posted by Nancy

It is extremely important to maintain high hygiene levels at the workplace, especially if you are in the hospitality, healthcare, or medical industry. One way of reminding your employees to remain healthy and promote hygiene at the workplace is to display eye-catching hand washing posters.

Any business that employs workers or employees needs to comply with several federal, state, and osha laws. Employers also need to inform their employees about vital information such as minimum wages, safety tips, machinery operation, etc., to prevent untoward accidents at the workplace. If you too need to display such posters, then posting wash your hands posters above sinks and basins, and inside kitchens and restrooms will remind your employees to wash their hands frequently.

A wash your hands poster is anyway mandatory if you run a restaurant, clinic, or any other healthcare center. Such a poster will prevent the spread of various diseases as well as prevent you from facing an undesired lawsuit. Another benefit would be in the form of lower sick days faced by your employees as they embrace good hygiene after following the tips mentioned on the hand washing posters.

Since your business might normally require more than 18 compliance posters to be displayed at your workplace, a wise option would be to hop over to the internet to our website www.laborlawcenter.com and select from a wide range of compliance products available at this dependable website. You can choose from many types of compliance posters, safety kits, placards, signs, safety and training CDs and DVDs, greeting cards, and motivational gifts to ensure that your business and its precious employees remain safe, healthy, and motivated at all times.

You can easily add the desired hand washing poster at the above website to your order and can even get it for free if your order exceeds $150, which will result in a decent discount on your ordered products. You will receive a top-quality 11 inches by 17 inches, double-sided laminated poster that will be delivered at your workplace along with your ordered products. You can choose between English and Spanish versions of such posters based on your actual requirements.

It is crucial and also mandatory to ensure the health, hygiene, and safety of your employees at the workplace, and one easy method of displaying the required posters including the hand washing poster is to order them easily over the internet. A visit to our website www.laborlawcenter.com will enable you to quickly fill up your virtual shopping cart, make an online payment, and display the received posters at your workplace even as you receive all required updates from this innovative website.

No Comments >>Posted in Employee Benefits,Federal Labor Laws,Health and Safety
Tags: employee, employees, hand washing poster, hand washing posters, OSHA laws, wash your hands poster, wash your hands posters, workplace

Comply With Federal Laws with Prominent Hand Washing Posters at Your Workplace

August 22nd, 2012 Posted by Nancy

Good health and hygiene are extremely important, especially if your business is related to the healthcare or hospitality industry. There are several state and federal requirements that need to be followed while running a business in the USA, and posting hand washing posters is one such mandatory requirement.

A hand washing poster reminds your employees to wash their hands frequently, especially before and after handling food or using the restroom or handling patients in case your business is in the healthcare industry. In addition to a bright and prominent poster that reminds people to wash their hands, specific wash your hands posters also display the correct method to wash hands so as to stop the spread of dangerous viruses that cause dangerous diseases as well as common coughs and colds.

A hand washing poster offers several advantages other than educating your employees about the benefits of washing hands before and after handling food. Your employees will fall sick less often, which will result in lesser sick days, which in turn will result in improved productivity at the workplace. In addition, you will also be shielded from any lawsuit once you display sufficient number of hand washing posters at prominent places at your workplace such as above sinks, basins, restrooms, and break-rooms depending on your business model.

If you run a restaurant or a clinic or laboratory in the USA then it is mandatory to post wash your hands posters to ensure good hygiene at the workplace. However, you need not search for actual stores to locate these posters as well as several others that are mandatory as per federal, state, and osha regulations. Instead, a visit to our website www.laborlawcenter.com will enable you to quickly locate the hand washing poster, place an online order, make a secure payment, and welcome the poster at your doorstep within just a few days.

The wash your hands poster that you select will be printed on 11 inches by 17 inches of top quality paper that is laminated on both sides for long life. This poster provides extremely sharp graphics and clear wordings that explain the correct procedure of washing hands as well as the importance of maintaining excellent hygiene at your workplace. In fact, you can also get this poster for Free if you purchase products worth $150 at the website.

Your business can run effectively if your employees remain healthy and one way to ensure excellent hygiene at the workplace is to post hand washing posters at prominent locations at your workplace. Visit our website www.laborlawcenter.com to claim your Free poster once you purchase other vital products such as signs, placards, safety DVDs, CDs, kits, and motivations gifts at this reputed website.

No Comments >>Posted in Employee Benefits,Health and Safety,Regulations
Tags: employees, hand washing poster, hand washing posters, OSHA regulation, osha regulations, wash your hands poster, wash your hands posters, workplace

Bridging the Gap: Managing Multiple Generations in the Workforce

August 21st, 2012 Posted by admin

Over 10,000 baby boomers hit retirement age every day. But unlike the predictions from workplace analysts, the country is not seeing a mass brain drain as employees hit the exit. The reason? More than a third of workers over the age of 60 say they cannot retire for financial reasons.

Managing four separate generations has already been a challenge for employers, who must adapt to the markedly different styles each generation brings to the workplace. But for the first time, managers will have to deal with five separate generations as Gen 2020 enters the mix. Dealing with the competing values and priorities of the different groups will be a difficult task for employers—and make no mistake, the values of each group are significantly different.

Because upper management shapes the culture and characteristics of the workplace, it’s particularly important to be aware of your own generational characteristics and biases when making decisions. Not everyone is the same, and not every generation can be summed up with a few short sentences, but in many cases, members share some fundamental similarities that can be helpful to those trying to manage the various groups within an organization.

The following is a summary of the four current generations found within our workplaces, and the new generation—named Gen 2020—that will shortly be coming on the scene. Depending on the scholar and publication, dates may vary by a couple of years on either side. And those who fall close to the end or beginning of a generation—“cuspers,” as they are sometimes referred to—may share characteristics from each generation.

Traditionalists

The traditionalist generation is also referred to as the silent generation and comprises those individuals born between 1922 and 1945. This generation is known for their adherence to rules and directives and their respect for hierarchy and authority. Traditionalists prioritize responsibilities, duty and service over an above any leisure and fun pursuits. The more modern concept of a work-life balance is foreign to the traditionalists, who are known for being particularly hard working and loyal to the business. Seniority is critical to the traditionalist workplace, and workers expect to be rewarded for the time they put in.

Baby Boomers

Although the boomers were anticipated to be leaving the workforce in droves, the group continues to be the majority generational group in the workplace, with no sign of a change any time soon. Born between 1946 and 1964, baby boomers currently hold the majority of management and executive positions and, as such, are in a unique position to shape the identity of the organization. As a result, many of the current priorities and politics observed in the American workplace are a direct result of boomer decisions. Like the traditionalists, boomers tend to value hard work, long hours and “face time”—values that are not always shared by their Gen X and Millenial subordinates. In fact, these younger workers are likely to consider the boomers workaholics, who require a high-quality work product and demand time spent on the job. Boomers are less likely than Gen X or Y to value telecommuting, or alternative work schedules, because they value teamwork, collaboration and face-to-face meetings.

Generation X

Generation X was born during the years 1965 to 1980, although some studies consider the generation ending in 1979 or 1977. This generation has a reputation as the rebel generation—resistant to authority, skeptical of status, and disinclined to respect authority or a title earned simply because of hierarchy. Sometimes referred to as the “latch-key kids,” this generation was the first group that grew up primarily in households where the parent(s) worked—partly because the divorce rate tripled while this group was growing up. As a result this generation is very self-reliant and independent. This group is a small in terms of pure population, and is sandwiched between two significantly larger generations. The typical workplace preferred by Gen Xers is fun and informal. This group does not appreciate micro-management, team projects or lengthy meetings—instead, Generation X prefers independent projects with minimal supervision that can be completed as swiftly as possible in order to free up more personal time.

Generation Y/ Millenials

Experts disagree about the time period this group was born. While some scholars consider this group spanning approximately 25 years, between 1981 and approximately 2006, other academics believe the Millenials comprise those born between the late 1970s/early 1980s through to the mid to late 1990s. This group is well-known for its civic, charitable and community values. This technological generation values constant communication and multitasking, preferring email, text and instant messaging to in-person meetings, memos or phone conversation. This group expects immediate information and swift decision-making, but also values a flexible workplace and a balance between personal and social activities and their career.

Generation 2020

Some academics consider this generation as being born in the mid or late 90s, while others believe the generation begins in the early 2000s. Most agree that the youngest of this generation will graduate high school by 2020. Depending on the analyst, this group is either just beginning to enter the workplace or will shortly be joining the workforce. This group is extremely technologically connected, having grown up with the world wide web as an everyday resource. With families today being smaller than ever before, and more family units having dual earning parents, this group of individuals has been the recipient of much attention and focus, attending classes and enrichment activities from an early age. This group is also the most diverse generation yet.

Tips for Managers

Identify the best communication method. While the Traditionalist prefers a memo, a Boomer might prefer a personal phone call and the Gen Xer an email.

Work with the groups’ preferred work styles when possible—teamwork vs. independent projects; regular feedback vs. minimal intervention.

Understand workplace expectations. It doesn’t mean you’ll always provide employees exactly what they want, but it helps to know who values face time with the boss and who would rather telecommute.

Recognize your own characteristics. Each generation may handle conflict and workplace conversation in a different way. Understand your own biases and how they might help or hinder your communications with employees.

No Comments >>Posted in Other
Tags: baby boomers, bridging the age gas, generation 2020, generation x, generation Y, managing multiple generations, millenials, tips for managers, traditionalists

Prevent Dangerous Accidents at Your Workplace with Lock out Tag out Posters

August 21st, 2012 Posted by Nancy

If your workplace contains machinery or other equipment that require proper lock out or tag out procedures, then you also need to display appropriate OSHA compliant lock out tag out safety posters at a prominent area of your workplace. A well-placed and precise lock out/tag out poster can prevent your employees from turning into one of the approximately 120 fatalities or over 50,000 injuries that plague US workers each year.

Specific machinery and equipment at your workplace requires a lock out or tag out procedure that ensures no sudden start ups during servicing, maintenance, or inspections. A tag out or lock out poster displays a detailed checklist that needs to be followed by specific employees that take part in that procedure to ensure complete safety at the workplace.

These procedures are specified by the Occupational Safety and Health Administration of USA, and need to be followed by all businesses that hire employees across all industry sectors. The tagout/lockout standard that needs to be followed is 29 CFR 1910.147 and ignoring it could result in dangerous accidents as well as costly lawsuits.

What you need is a crystal-clear, laminated lock out tag out poster posted at a location at your workplace that can be read easily by your employees. You can easily and conveniently purchase a high-quality, laminated 18 inch x 24 inch lock out/tag out poster by visiting our website www.laborlawcenter.com, which is indeed a treasure-trove of posters, signs, placards, safety DVDs and CDs, forms, motivational gifts and greeting cards, and a host of other information related to state and federal compliance laws.

You can also register at the above website to receive timely updates that can keep you on the right side of US labor laws while also ensuring optimum safety levels at your workplace. You can quickly place an online order for your chosen poster or product, make an online payment through a secure gateway, and receive the poster at your workplace within a few days and also receive an electronic poster through email provided you have chosen the required option.

Ensuring the health and safety of your employees at all times is a daunting task and vital tools such as lock out tag out posters can certainly help in preventing accidents at your workplace as well as undesired lawsuits. A visit to our website www.laborlawcenter.com will help you to quickly add the required lock out poster to your shopping cart and display it prominently upon receipt to keep your employees safe at all times.

No Comments >>Posted in Employee Benefits,Federal Labor Laws,Health and Safety
Tags: federal compliance law, federal compliance laws, lock out poster, lock out tag out poster, lock out tag out posters, lock out tag out safety posters, lock out/tag out poster, workplace

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