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Overview: One type of special work arrangement allows for flexibility in the scheduling of working time. Alternative work schedules may include a flextime arrangement, which specifically defines "core hours" (hours during which the employee must be at the workplace) and allows workers to vary the workday's start and end times.
In addition, workers may elect to work a compressed workweek. For example, an employee will still log 40 hours per week, but instead of working five eight-hour days, the employee works four ten-hour days. Another popular arrangement is the "5-4-9" compressed schedule: employees work nine-hour days every workday, and have every other Friday off.
Supervisors may also make special arrangements with respect to shift and break schedules. However, employers must ensure that any applicable external legal requirements, e.g., Fair Labor Standards Act (FLSA) requirements, are met.
Trends: In addition to federal requirements under the Affordable Care Act (ACA), a growing number of states impose lactation break requirements for employers. In fashioning an employee's alternative work schedule, employers should bear in mind not only the amount and frequency of breaks to which the employee may be entitled, but also if there exist any associated employee privacy requirements (such as providing a private area in which to express breast milk).
Marta Moakley, J.D., Legal Editor
Best Buy Co, Inc., the Minnesota-based consumer electronics retailer, announced on March 4 that it will discontinue its workplace flexibility program (known as the Results-Only Workplace Environment or ROWE) for corporate employees. Best Buy's actions mirror those of the Silicon Valley-based Yahoo! Inc. in late February.
California's new workers' compensation legislation has gone into effect. This piece highlights some of the major changes and discusses the changes in the broader context of workers' compensation from an HR perspective.
Demographic shifts, technological forces, and the Americans with Disabilities Act have incentivized the adoption of more flexible work arrangements for some jobs. This How To discusses the best means of handling requests from employees for an accommodation involving a flexible work arrangement.
Title VII of the Civil Rights Act of 1964 as well as myriad state and local laws prohibit employers from discriminating against employees and applicants on the basis of religion in all aspects of employment. This includes: hiring, termination, pay, promotions, benefits, job assignments or any other aspect of employment. In addition, Title VII and other antidiscrimination laws require an employer to offer a reasonable accommodation in order to resolve conflicts between an individual's sincerely held religious belief and a work rule or condition of employment, unless the accommodation would create an undue hardship for the employer.
An employer may use this policy to inform employees on how to request a religious accommodation. Examples of accommodations may include job restructuring, job reassignment, modification of work practices, and allowing time off, or a combination of the above.
Family Responsibility Discrimination (FRD), also referred to as caregiver discrimination, is a hot topic these days. Although being a caregiver is not a protected class under federal law, employees may have a valid sex stereotyping claim under Title VII or an assocation discrimination claim under the Americans with Disabilities Act. To effectively manage employees with caregiving responsibilities, a prudent employer should follow the steps in this How To.
This Supervisor Briefing examines the law and best practices regarding managing job shares, including topics such as enforcing job sharing, monitoring performance, evaluating job share requests and a self test. This Supervisor Briefing examines the law and best practices regarding managing job shares, including topics such as enforcing job sharing, monitoring performance, evaluating job share requests and a self test.
This section of the XpertHR best practice manual discusses the importance of flexible working, the issues involved in drawing up an organizational policy and the main types of flexible working.
In-depth review of the spectrum of Federal employment law requirements HR must follow with respect to Managing Employees in Special Situations
Under both federal and state law, employers are required to accommodate an employee's sincerely held religious practice or belief, unless doing so would pose an undue hardship on the employer. Employers should follow the steps set forth in this How To when faced with an employee's religious accommodation request.
HR guidance on the legal risks and benefits of alternative work schedules.