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Workplace Flexibility: Definitions, Trends & Next Steps. Title Goes Here. Presented By: Kelly S. Hughes (Charlotte, NC). AGENDA. Introduction to Workflex Terms, Tools and Trends Discussion of Most Commonly Implicated Federal Employment Laws Tips for Getting Started. STRATEGIC WORKFLEX.

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  1. Workplace Flexibility: Definitions, Trends & Next Steps Title Goes Here Presented By: Kelly S. Hughes (Charlotte, NC)

  2. AGENDA • Introduction to Workflex Terms, Tools and Trends • Discussion of Most Commonly Implicated Federal Employment Laws • Tips for Getting Started

  3. STRATEGIC WORKFLEX Workflex is not • A benefit • A form of compensation or punishment • A right • A collection of programs or policies • Limited to remote work and flex hours

  4. WHAT IS WORKFLEX? Workflex is a process for solving problems and increasing effectiveness and efficiency in and out of work

  5. Why Workflex? Bottom Line Results • American Express found that remote workers were 43% more productive than their office-based colleagues • PricewaterhouseCoopers’ flexibility policies have helped cut annual turnover from 15% to 24% saving an estimated $45 million a year • Traffic congestion cost U.S. commuters $121 billion in wasted time and fuel

  6. Workflex is One Part of an Effective Workplace

  7. Workflex Tools and Trends • Choices in Managing Time • Flex Time and Flex Place • Reduced Time • Time Off • Flex Careers • Dealing with Overwork • Culture of Flexibility

  8. Intersection of Workflex Tools and Employment Laws

  9. Teleworking Primary laws implicated: • Title VII • ADA (and ADAAA) • OSHA • Workers’ Compensation • Privacy Laws /Data Protection • NLRA • FLSA (and state wage/hour laws) • FMLA

  10. Shift Swapping Primary laws implicated: • Title VII • ADA (and ADAAA) • NLRA • FLSA (and state wage/hour laws)

  11. Reduced Schedules/Job Sharing Primary laws implicated: • Title VII • ADA (and ADAAA) • NLRA • FLSA (and state wage/hour laws) • FMLA • ERISA

  12. Flexible Schedules Primary laws implicated: • Title VII • ADA (and ADAAA) • NLRA • FLSA (and state wage/hour laws) • FMLA • New San Francisco ordinance

  13. Time Off/Sabbaticals Primary laws implicated: • Title VII • ADA (and ADAAA) • NLRA • FLSA (and state wage/hour laws) • FMLA • ERISA • COBRA

  14. EAP/Employee Wellness Primary laws implicated: • GINA • ADA (and ADAAA ) • HIPAA • ERISA • COBRA

  15. Creating an Effective and Flexible Workplace GETTING STARTED

  16. Drawing Conclusions: Where Do You Go Next? • BIG DECISIONS • Do you need to offer more than you have currently? • Are managers getting in the way and, if so, why? • Are you offering the right options, but are people not using them?

  17. Implementation: Moving to Action • Use pilot programs to learn how to implement flexibility, not as a way to decide whether to offer flexibility • Make sure you start implementation with ongoing mechanisms to collect feedback on what works and what needs to be improved • Create principles and guidelines to guide the evolution of your workflex efforts • Write down your organization’s policies • Equip your managers and supervisors with information, tools and resources to be effective workflex stewards (i.e. training!)

  18. Maintaining the Momentum • Continue to educate all of your flexibility champions in change management • Create opportunities for recognition for managers who promote flexibility; and construct small wins on an ongoing basis • Continue to communicate, communicate, communicate • Build workflex into your accountability system and other key management systems • Look for improvements you can make • Measure what matters

  19. Assessing Your Organization’s Workflex • When Work Works offers free workflex assessment surveys of employers and employees as part of the Sloan award application process (Jan-May) • All applicants get free, confidential reports comparing their responses to the biennial National Study of Employers • Winners are offered support gathering recognition for their workflex efforts by When Work Works and local community partners and SHRM affiliates

  20. Additional Resources • Workflex: Employee toolkit is the employee focused companion piece to Workflex: The Essential Guide to Effective and Flexible Workplaces. It’s purpose is to help employees partner with their employers to develop workflex plans that benefit both employers and employees. • Online download at: http://www.whenworkworks.org/be-effective/guides-tools/workflex-employee-toolkit

  21. Additional Resources Workflex includes research, legal and experience-based perspectives and in-depth case studies of workplace flexibility as well the tools and techniques needed to translate those perspectives into action.

  22. Additional Resources • For more information about workflex, When Work Works and its sponsors SHRM and Families and Work Institute: • check out their website at WhenWorkWorks.org orfollow them on Twitter @WhenWorkWorks OR • Call your friendly employment law attorney 

  23. Creating an Effective and Flexible Work Environment Questions? Kelly S. Hughes 704-405-3132 (direct) Kelly.Hughes@ogletreedeakins.com

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