MMC, INC. E-Newsletter   Volume IV, Issue No. 3

March, 2008

Welcome

We at MMC challenge our subscribers to make spring mark the time when you'll review workplace practices and policies for potential renewal and change. As you spring forward, consider the articles included in this edition which highlight helpful guideposts for managing employee relations, labor and employment law practices.

As always, we encourage all to take advantage of our helpful human resources, risk management, benefits, payroll and labor and employment law consulting services. Within your finger tips, our experienced team is ready and available to assist you with pressing how-to questions and there to assure your workplace concerns can be successfully managed. Simply call us at 1-800-899-MMCI (6624).

On behalf of everyone here at MMC, we wish all a happy Spring 2008.

MMC University Announcement

MMC offers continued education courses to human resources professionals, Certified Public Accountants, Attorneys, and more.

In April, MMC will offer courses on Labor & Employment Law Primer for Accountants, Risk Management Training for Supervisors, and more. For more information on course offerings or to register for a course in your area, please call (800) 899-MMCI (6624), ext. 5130.

History of MMC

MMC, Inc. was established in 1983 for the purpose of providing highly effective administrative and human resource functions. Our goal is to offer quality services that set the highest standards and exceed the expectations of our clients.

In this issue

• When Employees Don't Get Along: What To Do? For Those Who Find Themselves In The Role Of Mediator
• How Well Do You Handle Working Longer Days? Unhealthy Work Habits Found To Differ By Gender
• Exempt Classifications and Overtime - California Appeals Court Ruled In Favor of Employer
• Legal Update: Employer Entitled To Recovery Of Attorney's Fees  

When Employees Don't Get Along: What To Do? For Those Who Find Themselves In The Role Of Mediator

In this time of pressing economic concerns, busy work schedules, and limited resources, the ability to exercise patience in the workplace can be a challenge. It's no wonder that conflict often times will erupt for what seems to be 'no reason'.

As an initial step to managing conflict, we ask that you should stray away from assuming the 'head in the sand' approach will make conflict that lasts for more than a few days will simply go away. In fact, rarely does this approach work where employee relations are concerned. For this reason, consider the following tips for managing conflict when you find yourself in the role of "mediator".

1. Allow employees involved in apparent conflict to separately vent without fear of being judged.
2. For damage control, separate employees to allow them a "cooling off" period which will likely help them to regain control over their emotions and gain a new perspective.
3. Engage employees to work together to create solutions. Ask what it would take to resolve the conflict and what each employee is willing to contribute. And then hold each accountable.
4. Share lessons learned with others affected by or involved with the conflict.
5. Consider introducing an outside third-party consultant like MMC to facilitate issues and teach concepts to resolve future conflicts.
6. Would mandatory training for all managers and supervisors in conflict resolution, problem solving, and teamwork improve the level of interpersonal skills guiding your workplace?
7. Appraise and reward not only what is accomplished in terms of performance, but also how goals are reached through conduct. If you would not tolerate such bad behavior from employees, don't tolerate it from managers? Remember, you get what you give, expect, tolerate, and reward in the workplace.
8. Finally, reinforce cooperation as well as results. Like most relationships, no pain/no gain. Conflict can actually strengthen outcomes, based on how they're resolved. So embrace conflict as a natural part of most workplaces, and manage it with confidence.

How Well Do You Handle Working Longer Days? Unhealthy Work Habits Found To Differ By Gender

Researchers in the Journal of Applied Psychology recently concluded that women are more likely than man to react to longer workdays by snacking more on on high-fat, high-sugar treats, consuming more caffeinated drinks and exercising less (Vol. 92, No. 6). For some, this isn't a surprise especially if one of your New Year's resolutions was to visit the office candy machine a little less.

In contrast, researchers found that for males, it wasn't the strain of a longer workday that determined whether men gave into the same indulgences. Instead, males participating in this study attributed their moods to whether they were more inclined to give into unhealthy work habits of consuming high-fat, sugary snacks and not exercising.

So what does all of this mean? Well, researchers suggest that if you are prone to relying on artificial pick-me-ups during the workday, you might want to make certain you have ready access to healthier food choices, and to not discount the benefits that a brisk walk can give to boost your energy and morale. With the longer days of Spring ahead of us, be cognizant of how you handle what may only seem to be a longer workday and monitor how your mood is affected by the same.

Exempt Classifications and Overtime - California Appeals Court Ruled In Favor of Employer

The duty to properly classify employees lies with employers. Thus more often than not, courts are not permitting employers to evade liability for errors in classifications by asserting that they relied wholly on the "advice of counsel."

For most workplaces and industries, proper classification is a complex task that involves staying abreast of a dynamic workforce to assure that decision makers are regularly meeting with employees to understand what duties and tasks are realistically required to perform a job. Additionally, preparing current job descriptions that objectively identify what skills sets are required, along with carefully considering up-to-date guidance provided by the FLSA, California Wage Orders, and/or similar state regulations, and working with labor law counsel can all help an employer to avoid the costly pitfall of misclassifying employees.

Generally, when in doubt of whether an employee is "exempt" and therefore not subject to overtime laws, it is always safe to avoid relying on titles and job descriptions alone to make determinations. Consider meeting with similarly situated employees (if possible), and those who will supervise the employee group in question to glean a clear and realistic understanding of what is required by each employee to perform certain job tasks and duties. The in-depth review of what a particular job function requires will provide the clearest path to proper classification.

Finally, adopt the approach that erring on the side of caution is the best approach. This means that adopting workplace practices which provide regular work schedule that minimize the need for overtime hours and assure rest and meal breaks. Ideally, your workplace will promote good work/life balance, safety and job satisfaction so that the liabilities, fines, and penalties that can haunt employers who violate FLSA classifications will never be your workplace concern.

We at MMC appreciate the difficulties employers face with assuring compliance with federal and state classification laws. We are always happy to work with our clients to address this difficult area of labor law. Never hesitate to contact our Labor & Employment Law Department with questions at (800) 899-MMCI (6624), extension 5130.

To learn more about FLSA classification see Costco v. Super. Ct.

Legal Update: Employer Entitled To Recovery Of Attorney's Fees

In Villanueva v. City of Colton, No. E042188 (Cal. Ct. App. Mar. 11, 2008, a California Court of Appeal concluded that an employer faced with a discrimination and retaliation suit rife with unsupported and meritless claims was entitled to recover some $40,000 from the employee who brought the frivolous lawsuit.

The employee brought discrimination and retaliation claims against his employer following a reduction in force ("rif") in which he and 35 other employees were laid off. The employee argued that because he had previously been subjected to discipline as a result of an alleged pollution violation brought by the State of California against his employer, he was being unfairly singled out for lay-off under the guise of a budgetary rif. The trial court and the reviewing appellate court concluded that the employee's claims lacked support and were subject to summary judgment in favor of the City of Colton.

Faced with a favorable judgment, the employer successfully also pursued recovery of its legal defense costs and fees against the employee. The employer presented evidence that showed his claims were truly frivolous and that he was economically capable of paying an award of costs. This decision is telling of a generally more conservative legal climate for employers.

To read this decision click, Villanueva v. City of Colton.

[BACK]