Contact: (800) 899-6624

Share |
E-mail

MMC, INC. E-Newsletter  Volume IV, Issue No. 5

May, 2008

 

Your Business And Weathering An Economic Downturn

We at MMC understand that many workplaces are experiencing uncertain economic times. This could be due to slowing consumer spending, the mortgage-lending crisis, rising unemployment rates, spiking gas prices, and political uncertainty as we face the 2008 presidential election.

Weathering these times can result in a multitude of choices for business owners and employees. We encourage employers to partner with MMC for arriving at creative solutions to stabilize your workplace. And employees should consider our numerous employee benefit programs that can help save money on family outings, improve health and mental well-being, and generally serve as reassurance that your employer cares.

As always, we are here to help. For the past 25 years, MMC has enjoyed its role as a helping hand to businesses and our Human Resources, Payroll, Employee Benefits, Workers' Compensation, and Labor & Employment Law professionals are happy to assist all and can be reached on our toll free line at (800) 899-MMCI (6624).

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.

MMC University Announcement

MMC offers continued education courses to Human Resources Professionals, Certified Public Accountants, Attorneys, and more. In June, MMC will offer webinar courses open to the public on New Employee Hiring and Retention of Talent.

For more information on course offerings or to register for a course in your area, please call (800) 899-MMCI (6624), ext. 5130.

In this issue

Gas Prices And The Impact On American Workplaces: Tips For Managing Rising Gas Prices

Without question, the hike in gas prices is taking its toll on the budgets of American families, hampering participation in community weekend activities, volunteerism, and most certainly on workers' ability to commute to and from work. On average, U.S. commuters travel some 60 miles roundtrip to and from work. (Sperling's BestPlaces.com) With gas prices averaging close to $4.00 a gallon around the country, the likelihood that telecommuting is presenting itself as a workable solution for a number of employees.

In 2006, the International Telework Association and Council estimated that some 26 million Americans work from home at least one day every month, and another 22 million do part of their jobs from home a minimum of once a week. Most certainly, the number of telecommuters in the U.S. is increasing -- especially with the rising costs of gasoline in a fuel-dependent economy.

Why Not Offer Telecommuting?

Before your organizations delve into offering telecommuting as a solution, consider the following. One issue employer and employee should consider is whether the work that needs to be performed can be done from home? Home environment, organization, accessibility, and self-discipline can be deal breakers for making telecommuting a viable option. No employee should want to be placed in a losing situation for being able to perform his or her assigned tasks to the best of their ability and if the home environment is not conducive to working alone, telecommuting is not a realistic option.

Another consideration is does the employee have demonstrated skills to connect with clients/customers, or co-workers while not working in a formal office setting? How will the prospective telecommuter respond to needs for assuring that he or she is available to provide a service or support others if they cannot be contacted through multiple mediums such as cell phone, pager, blackberry, or e-mail? Can the employer afford to provide the telecommuter with these different resources? And how will the telecommuter perform when being contacted through multiple means and without being able to regularly interact with others?

Many underestimate the different set of challenges placed on telecommuters and if your organization has not researched the in's and out's of telecommuting, you should not plunge into this option without creating a set of expectations and policies prior to authorizing telecommuting. Working with a human resources consultant at MMC prior to extending telecommuting as an alternative to commuting into the office each day is a great way to manage telecommuting options.

To learn more about telecommuting, visit the following helpful links:

Handy Gas Price Locator

The Profile Of A Successful Telecommuter

Lessons Learned From Experienced Telecommuters

 

EEOC Claims On The Rise

In This Economy, Can Your Business Afford A Workplace Claim?

The analysis of claims brought to Equal Employment Opportunity Commissions around the country for 2007 are in. Pregnancy discrimination claims reached an unprecedented high with nearly 5,600 charges being brought. Racial discrimination claims reached a new high of 30,510, which surpassed last year's claims by 12% and is a high that hasn't been seen since 1994. And retaliation, sex, disability and age discrimination claims were also at new highs.

Legal commentators often speculate that during times of economic uncertainty, the lack of job alternatives can result in the prosecution of workplace claims that might otherwise go unreported. What this means to some business owners is that if you are engaging in unfair and unlawful hiring and employment practices, you must stop because your bad actions could cost you your business. And what this means to a larger number of American employers is that during uncertain economic times, employees will likely object to perceptions of being treated unfairly or wrongly with legal vigor.

What to do? Safe-proofing your work environment from meritless employment law claims is as easy as 1-2-3. Compliance, consistency, and good communication are key to assuring employee satisfaction that they are being treated fairly and lawfully.

Compliance can be accomplished through updating and adhering workplace practices so that they comply with handbook and other written policies which meet current labor and employment law requirements. Compliance is also achieved by assuring that day-to-day employment practices serve as proof that all applicants and employees are treated fairly and equally and all have the same opportunities for advancement and for enjoying the benefits of loyalty and satisfactory job performance.

Practicing consistency in applying workplace rules and exceptions to everyone should always serve as a basic rule of thumb for organizational leaders. While it is not always possible to manage all work issues identically, exceptions to usual and customary practices should only be extended after great consideration and only when distinguishing circumstances exist. And in every case, practices should comply with current law and written workplace policies and procedures.

Good communication is essential to successfully navigating all workplace concerns/disputes. Of course "open door " policies which provide employees the opportunity to discuss concerns with the confidence that any and all managers of an organization are empowered to effectively address problems is best. But when an "open door" policy is not possible (due to the size or physical set-up of a workplace), then managers must be properly trained to listen to and resolve employee concerns effectively so as to facilitate ongoing employee trust and job satisfaction.

 

State Supreme Court Strikes Ban Against Same-Sex Marriages

Will The Court's Decision Effect My Workplace Practices?

On May 15, 2008, the California Supreme Court handed down a 4-3 majority, 120 page ruling that makes same-sex marriages legal in this state. News of this ground-breaking ruling has been said to have influenced New York legislators to also consider enabling same-sex marriages and will likely influence other states which have longtime been influenced by California law.

When judicial decisions such as that of In re Marriage Cases impact public policy so dramatically, employers should consider are their existing workplace practices capable of complying with current law. While the state's processing of same-sex marriage licenses is not slated to begin until June 14h (unless a legal "stay" is issued by opponents), it is important for employers to recognize that any benefits and/or courtesies that would have been extended to employees to be married to opposite-sex partners must be also extended to employees in same-sex unions. This means that tax filing status, time-off granted for weddings, sick leave, medical insurance and other employee welfare benefits and protections provided in connection with spouses of employees, must all extend equally to same-sex spouses as would be available to opposite-sex unions.

We trust this information is helpful. Only time will tell what resulting issues lie ahead in the ever evolving world of labor and employment law. However, please know that our in-house lawyers are happy to address your specific questions regarding this or other similar issues. Please feel free to call MMC's Labor and Employment Law Department at (800) 899-MMCI (6624) with questions.

To read the full decision, click here In re Marriage Cases.

 

Legal Update: New Causes of Workplace Retaliation Claims Authorized

On May 27, 2008, the US Supreme Court held that a Reconstruction-era civil rights statute prohibiting race discrimination also permits retaliation claims against employers. And also on this date, the Court granted a private right of action to federal employees who are retaliated against by their employer for complaining about age discrimination under the current Age Discrimination in Employment Act ("ADEA"). In what is generally considered a conservative court, these decisions ironically further a more "liberal" decision authored by now-retired Justice Sandra Day O'Connor which permitted just three years ago retaliation claims from Title IX which does not specifically provide for such protection.

What these decisions signal to U.S. employers is that the prohibition against acts which can be perceived as retaliation (passing over for promotions, discipline, lay-offs, terminations, etc.) motivated by the exercise of legal rights to complain of unfair or unlawful treatment are broadly protected and can result in an employee being awarded monetary damages.

Click here to read the full decisions of CBOS West, Inc. v. Humphries (Race Claim Retaliation Case) and Gomez-Perez v. Potter (ADEA Retaliation Case).

 

[BACK]
 

401(k) Login

Testimonials

"The services MMC offers provide a much-needed resource to business...And, what is unbelievableto me, often times these services cost less than maintaining the human resource function in-house."

- Managing Partner of a Leading Accounting Firm


More