MMC, INC. E-Newsletter   Volume IV, Issue No. 2

February, 2008

Welcome

If you are like most, New Year's resolutions have long fallen along the wayside of last year's holiday memories.  However, February also marks the beginning of a "new day" or the Chinese New Year so it's still not too late to commit to resolving to become more organized and to vow to more judiciously tackle workplace issues.  

MMC is here to support your efforts to work smarter in 2008 with helpful hints in this month's Client E-Newsletter.  As always, we encourage our valued clients to seek individualized approaches to human resources challenges by contacting us at 800-899-MMCI (6624) with concerns or questions about how to make your workplace function more efficiently.

MMC University Announcement

There's still time to reserve your seat for MMC Human Resources Training courses in March at our corporate offices.  Participants can earn continued education credits towards their MCLE, HRCI, or CPE requirements.  For more information or to register, 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

• Love In The Workplace: Consider Love Contracts  Can't Always Negotiate Love
• Tips For Being More Efficient  Tricks For Working Smarter During The Workday
• NEW FMLA REGS RELEASED  Federal Family and Medical Leave Act Changes
• LEGAL UPDATE  Take-It-Or-Leave-It Arbitration Agreements Frowned Upon 

  

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Love In The Workplace: Consider Love Contracts  Can't Always Negotiate Love

In today's busy world, on-the-job romances occur more than most may realize.  In a world where microwaves, cell phones, and you tube make life a little easier, Americans continue to spend most of their time working for a living.  At best, an on-the-job romance can establish a dynamic and powerful duo that is able to conquer all adversities.  At worst, an on-the-job romance can be the prelude to a harassment claim.  One relationship expert, Ruth Houston, estimates that 7 out of 10 employees will or have experienced an on-the-job romance.    

While many workplaces discourage dating among employees with anti-fraternization and similar policies, the truth is that employees will date one another.  What to do?   Consider relying on a "Love Contract" when employees are involved in consensual romantic relationships. 

Essentially, Love Contracts are written agreements which require paramours to acknowledge that they are both aware of workplace anti-harassment and anti-retaliation policies, are mutually in like with one another, agreement that both will continue to manage their job duties professionally, and  understand at any time that they should require human resources to assist them they will to the extent that their relationship presents a problem in the workplace. 

Should you have any questions or interests in reviewing what a Love Contract looks like, do not hesitate to contact the Labor & Employment Law Department at (800) 899-MMCI (6624).

Tips For Being More Efficient  Tricks For Working Smarter During The Workday

We've compiled a list of some helpful tips from efficiency experts which are likely to help us all learn how to work smarter.

• Empty your e-mail inbox daily.
• Change your e-mail settings to eliminate new message alerts which can often challenge your ability to maintain a focus on the task at hand.
• Add new contacts automatically (by right-clicking on messages and selecting "add to contacts").
• Separate personal e-mails from work e-mails.  Create a free account to refer friends and others to correspond with you and allow you to address personal communications on your own time.
• Do the things you dread the most in your workday first
• Break large tasks up to smaller tasks when possible.
• Find time to work without interruptions - schedule time with your coworkers or take time to work without any interruption.
• If you must procrastinate, do something else on your "to do" list when you put off other "to do's".
• Track how well you meet your personal goals each day.
• Think before sending an e-mail.  Sounds logical right?  But consider whether picking up the phone and calling might be the best method for communicating an idea rather than engaging in multiple, detailed e-mails.

NEW FMLA REGS RELEASED  Federal Family and Medical Leave Act Changes

On February 11, 2008, the U.S. Department of Labor released  proposed changes to the Family and Medical Leave Act ("FMLA").  Public comment is currently being solicited by the Department before final changes are adopted. 

In general, many of the proposed changes have been drafted with an aim to address employers concerns regarding how to comply the FMLA.  A preview of some anticipated changes includes the following points: 

• Employees who are close family members of military personnel could be entitled to up to 12 weeks off to spend with deployed military personnel and up to 26 weeks of to care for those injured or ill who are actively serving in the military.
• Employees must at least call their employers in advance to request FMLA leave rather than awaiting 3 consecutive days off prior to.
• When possible, employees must provide employers with 30 days advanced notice when "exigent" circumstances do not prevent less notice.
• Definitions of what is a "serious" illness are refined to clarify that illness of longer than 3 days does not automatically constitute a FMLA protected leave if no medications are prescribed and no future follow-up care is scheduled. 
• Employers have an express right to contact and verify medical authorizations when employees take medical leaves of absence per a health care provider's release.

To view the full text of proposed changes, visit New FMLA Regulations.

LEGAL UPDATE  Take-It-Or-Leave-It Arbitration Agreements Frowned Upon

In Price v. The Plant Stand (jump cite), the California Court of Appeal (4th District) concluded that an employer could not compel arbitration of a wage and hour claim based on the employee's signature on a "take-it-or-leave-it" arbitration clause included on the employer's employment application.  While the provision required consent to arbitration as a prerequisite to being considered for employment at The Plant Stand, the court found the employer was in a superior bargaining position and the employee had no realistic ability to negotiate the terms of the arbitration provision.  Therefore, the arbitration provision was found to be unconscionable and unlawful as a matter of procedure.  This case signals a growing judicial trend in which pre-employment arbitration clauses are being highly scrutinized.  Stay tuned for guidance in future editions of Client E-News as to how to assure your pre-employment arbitration agreement is likely to be enforceable.

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