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The Retail Employer

The Retail EmployerJanuary 2009

Retailers 4 Life Survey

Change Will Happen: Workplace Law in the Obama Administration

by David E. Nagle

There were some significant legislative and regulatory changes that were enacted in late 2008, but which have only gone into effect in January 2009.  For example, the Americans with Disabilities Act Amendments Act transforms the disability discrimination law into one which will produce many more lawsuits, and employees will prevail much more frequently.  The new revised regulations under the Family and Medical Leave Act take an already complex piece of legislation, and imposes even more regulatory requirements on employers.  And these were adopted during the Bush administration.  What is in the works?

Lots.  Change WILL happen.  A lot of change, and rapid change.  The elephant in the room is the Employee Free Choice Act (EFCA), which will result in vast and rapid increases in union organization of workplaces.  Those who shrug off any concerns about union organizing are making a very big mistake.  This is not focused on increased unionization of the traditional blue collar construction and manufacturing work sites, but on making it much easier for unions to become the collective bargaining representatives of employees in retail, banking, and service industries.  EFCA will make that easier by eliminating the current requirement that unions be selected through a government-supervised secret ballot election process; unions can be certified on the basis of signed authorization cards alone.  EFCA doesn’t stop with union certification, but goes on to require quick negotiations for a union contract, for if agreement is not reached in 90 days, then following 30 days of mediation, an arbitrator will dictate and impose terms of a two-year contract on the parties.

EFCA is merely the highest profile item.  Legislation will change the deadlines for filing claims based on alleged wage discrimination, and the remedies available, so that decades-old compensation decisions can be challenged currently.  Caps on damages available under workplace discrimination laws are likely to be removed, and it will be easier for plaintiffs to recover attorneys’ fees (meaning more plaintiffs’ attorneys will be willing to undertake weak cases, where they think that they have a chance to “prevail” on any aspect of the case).  Other anticipated legislation will make it much easier for class actions to be brought on a wider range of workplace claims (plaintiffs’ lawyers love class action cases), and we are likely to see swift passage of amendments to federal anti-discrimination laws to expand protection to the lesbian, gay, bisexual and transgender community.  We may see legislation to limit the right of employers and employees to enter into agreements to arbitrate workplace disputes.  The list goes on.  The extent to which consideration of some of these issues is delayed briefly, so that the new administration can portray itself as focused exclusively on the economy, does not mean that the change will not happen.  It is coming, and employers need to start preparing at once.

David E. Nagle is a partner in the Richmond office of Jackson Lewis LLP, a national workplace law firm with over 500 attorneys in 40 offices across the nation, all dedicated to representing management in workplace law and related litigation.  For 27 years, David has counseled and represented employers in Virginia.  He is listed in Best Lawyers in America, and Chambers’ Leading Lawyers for Business. He can be reached at david.nagle@jacksonlewis.com or (804) 648-4077.

Calls requesting information on the Employment Law Information Program should be directed to Preston Perrin with the Retail Merchants Association at 804-662-5500.

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Start the New Year Right—7 Habits for a Healthier Workday

If you take the time to examine your habits, chances are, you will come up with some goals for things you can improve in both your health and in your career. Have you ever considered how these two types of goals can impact each other? Physical health often impacts mood and outlook, which affect productivity and commitment. In turn, your performance is a huge indicator of success when it comes to your career goals. So, whether you’re looking for ideas to share with your team or are examining your own habits at work, check out these seven ways you can have a healthier work-life all year long.

Physical Health

1. Be active at least 10 minutes a day. Making exercise and stretching a part of your daily work routine has many health benefits, but it’s often one of the most difficult habits to maintain. One reason most people are inactive is the excuse of not enough time. But, did you know that if you get eight hours of sleep each night, you’re still awake 960 minutes each day? So, commit to simply exercising, walking, or stretching for at least 10 of those minutes. You can easily integrate this much activity into your day by parking in a space far from the door, taking a couple of five-minute breaks to stretch at your desk, or bringing a pair of sneakers to the office and using part of your lunch break to walk – inside or out. Even if you currently maintain a regular exercise routine, being active throughout the day will help your body maintain optimal performance and increase brain power.

2. Think before you eat. The workplace is one of the biggest places people deter from healthy eating habits. There is often an abundance of snack food available, and it’s easy to wreck an otherwise great diet by putting away calories while you’re at work. So, before you head to the conference room to pick up a donut, think. Set yourself up for success at work when it comes to food by bringing a variety of healthy snacks from home, and consider finding a work buddy to help keep you accountable. Even though it may seem like a small thing, experts say a balanced diet is key to a healthy mind, which can help you focus on your work and boost creativity.

3. Opt for water. Soda and coffee are often office staples when it comes to beverages, but the spare calories, not to mention caffeine intake, can add up fast. Experts also say too much caffeine can hinder performance and actually increase overall fatigue. So, focus on drinking a healthy amount of water each day instead. Try bringing a cup from home to ensure water is readily available at your desk or workstation.

4. Wash up. Hand washing is a simple concept, which may be why so many people neglect it, especially at work. But washing your hands is still the best tip health experts offer for preventing illness, even at work. If getting to a sink is a challenge, keep antibacterial hand gel at your workspace. Don’t limit hand washing to only before you eat. Using a keyboard or phone, attending networking events, using equipment, traveling, handling paperwork, and many other work-related activities expose you to germs. So, make hand washing a more frequent part of your daily routine to make sure you don’t end up spending too many days out of the office on sick leave.

Peace of Mind

5. Don’t pile. Toss, and file. You may not think of organization as a matter of health, but your physical space can make a big impact on your peace of mind. So, make it a point to clean and clear your workspace on a regular basis. File documents you don’t need immediate access to, and throw away any paper you don’t need to save for legal or procedural purposes. Keep your electronic workspace clean as well by emptying your e-mail inbox and organizing your electronic files in folders. Having a clutter-free work zone will also have a positive impact on time management by letting you spend less time sorting through things and giving you more time to focus on developing projects and completing tasks.

6. Think happy. When it comes down to it, your mind is one of the most powerful factors contributing to your health. So, harness the power of positive thinking and let your outlook impact those around you. Thinking positively can help relieve stress, reduce blood pressure, and improve overall mental health. Plus, a positive outlook can help boost your performance and increase focus and drive, helping you achieve your career goals.

7. Give yourself a break. Stress management is an issue workers across all industries grapple with at work. To make matters worse, many people often make the mistake of making resolutions and punishing themselves mentally or giving up if they fail, which just adds to stress levels. This makes most resolutions short-lived. So, be generous with yourself instead. Applaud each day’s success and let that set the tone for your journey to healthier habits at work.

When you evaluate your goals, don’t forget about your work habits – after all, you probably spend about 480 of your waking minutes at work each day. Set the pace for your workforce and commit to healthy habits at work all year long.

This article is reprinted with permission of Express Employment Professionals at www.ExpressPros.com. Contact Ms. Lorraine Alexander at 804-550-0200 or by email  if you would like to be added to their distribution list.

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