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What I’ve Been Reading This Week


There were several great articles I came across the last few days.  One in particular dealt with a study that came out recently that found that many workers do not trust HR.  As the below study notes, there are several troubling statistics that emerged from the study, which those in the HR field would be wise to give a close look at and review.  However, so long as your name is not Toby Flenderson, there is a bit of good news from the study:  45% of workers polled reported that they felt very confident in their HR departments.

As always, below are a couple articles that caught my eye this week.


Labor Department Dismisses Whistleblower Complaint Based on Employer’s Reasonable Steps to Ensure Employee Safety

No, this whistleblower post does not deal with Michael Atkinson.  For those looking for an in-depth discussion of that whistleblower matter, I would refer you to your preferred news source instead.  This particular whistleblower topic, however, comes in the form of a Labor Department Administrative Review Board (“ARB”) decision from March, in the Evans v. United States Environmental Protection Agency case.  In this decision, the ARB provides employers a framework on how to respond to workplace threats and establishes that reasonably tailored actions will not be considered retaliatory.  This is a good decision for those looking for a good overview of the topic.


Trader Joe’s, the Coronavirus, & Unions

It is no secret that many workers in the grocery industry have seen their work schedules thrown into chaos as a result of the coronavirus pandemic.  That chaos has run the gamut from longer hours, dealing with more (and at certain grocery and hardware stores much more) in store traffic, to concerns over personal protective equipment (as a result of dealing with more customers) and a request for increased or hazard pay.  As a result, there have been many workers fighting for more pay, more paid time off, and employer provided personal prescribe equipment, among other demands.  With those demands come some rumblings over workers unionizing in an effort to obtain their demands from their employers.  David Yaffe-Bellamy at The New York Times wrote an article last week that outlined the brewing fight over at Trader Joe’s about a potential unionization by workers at the company.  This is an article well worth a read and a development to keep an eye on while the coronavirus pandemic plays out.


The Trouble With HR: From An Employers Perspective

Now bear with me, at the outset I am not necessarily saying there is a problem with HR per se.  However, a recent study from Zenefits produced some troubling stats:  1/5 of the workers polled stated that they did not trust HR; more than 30% of workers polled said that they avoid going to HR for problems; and 23% of workers polled reported experiencing (or witnessing) poor HR, hurtful management, or discrimination.  Now this study is not meant to lambast and needle those in the HR field.  Rather, the study includes a few suggestions for employers and HR professionals to reevaluate and potentially improve:  Be consistent with workplace policies and procedures; be patient when a worker comes to HR with a complaint; and remembering to remain impartial and not humor to conclusions (especially when conducting a workplace investigation.)


Avoiding Work From Home Pitfalls

Many workers around the country are in the midst of a work from home set up at the moment (or some variation of in the office/at the worksite a few days and working remotely on others.)  This article provides a few reminders, namely to employers, to take steps to ensure potential employment law issues do not arise when employees are working from home.  For instance, for non-exempt workers, it is a good idea to take steps to ensure they are accurately reporting their working time and for employers to ensure that workers are adhering to their set work schedules.  One key piece of advice from the article?  Have workers certify their working time when they submit hours...so in the event a later claim arises for unpaid overtime/wages, employers can have the certified work hours from the employee to rebut the claim.

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