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FEBRUARY 2001
ENGLISH
ONLY: The federal Equal Employment Opportunity Commission
(EEOC) will aggressively enforce laws regarding English-only
policies in U.S. workplaces. In a recent federal district
court case in Texas, the court awarded $709,284 to nine
bi-lingual workers. The workers were hired for their ability
to speak Spanish to assist as long distance operators.
There were, however, banned from speaking languages other
than English at all times in the workplace, including lunches
and breaks. EEOC chairwoman Ida Castro, stated "It
is imperative for employers to be aware that English-only
policies, those requiring workers to speak English at all
times with no exceptions, may be unlawful if they are not
clearly justified by business necessity". This will
be narrowly construed by the EEOC.
CUT
WORKPLACE STRESS: It would benefit Human Resources
to promote physical activity, producing more alert and
healthy employees, and reducing absenteeism. Analysts blame
high-stress jobs coupled with lifestyle amenities-from
hundreds of cable channels to fast food joints-for making
Americans lazier in their free time. The U.S. government
Centers for Disease Control and Prevention (CDC) said just
one in four adults exercised enough in the 1990's. The
CDC recommends a half hour of moderate exercise, like walking,
five times a week, or twenty minutes of vigorous exercise,
such as running, three times a week. Being physically active
in general, rather than setting aside time, is really what's
important. Walk down the hallway instead of inter-office
mail or telephone; take the steps to the next floor rather
than the elevator; walk to the restaurant at lunch time.
STOCK
OPTION TAX CHANGES: The U.S. Treasury changes plans
for employment taxes on some stock options. In an about
face, the IRS won't impose social security taxes, Medicare
taxes, unemployment taxes or income tax withholding until
2003 on income from incentive stock options and employee
stock purchase plans IRS Notice 2001-14 will allay any
confusion. Internal Revenue Bulletin 2001- dated February
5, 2001 contains the new notice.
UNION
MEMBERSHIP HITS RECORD LOW IN 2000: Union membership
dropped to a 60 year low in 2000. The percentage of American
workers belonging to unions fell to 13.5 percent or 16.3
million workers in 2000 according to Bureau of Labor Statistics.
Labor leaders hope to stop the decline; aim at 1 million
new members per year.
WORKERS'
COMP PREMIUMS EXPECTED TO RISE: Workers' comp insurance
rates will continue to escalate in 2001, with no relief
in sight. According to the Association of California Insurance
Companies, workers' comp insurers are paying out $1.56
in claims and other costs for every $1 they collect in
premiums. And the average claim cost topped $34,000 in
1999, compared with $18,000 in 1994. What's more, it appears
likely that the state legislature will pass a benefits
hike for injured workers this year, which will put even
more pressure on California insurers to boost rates.
ELDERCARE:
AN EMERGING WORK ISSUE: The nation's population is
aging and, with medical advances, living longer than before.
With an aging population comes the growing pressure for
eldercare and an increasing awareness of the toll that
eldercare places on caregivers who work.
It
is estimated that as many as one-third to one-half of all
caregivers are employed outside the home. Employees can be
torn between their work demands and their attempts to provide
quality care. Many employees are part of what is called the "sandwich
generation," people with dependent children at the same
time they are caring for an elderly parent. Eldercare often
tops the list of employee concerns and is beginning to get
the same attention as childcare in the 1980s because, sooner
or later, eldercare issues will affect almost everyone who
works. Employers not only will face employees who are caring
for elderly parents but also, as the baby boomer workforce
ages, senior-age employees with ill spouses.
A
1997 MetLife study found that U.S. businesses lost up to
$29 billion annually in productivity due to eldercare issues.
Caregivers often must reduce their hours, pass up promotional
opportunities or eventually quit their jobs. Caregivers also
may suffer from physical ailments or depression because of
their heavy burden. Caregiving can rob employees of their
leisure time and deprive them of the rest they need to perform
at work. Caregivers also may suffer relationship difficulties
at home because of competing demands on their time. To further
complicate issues, caregiving often strains an employee's
finances.
What
Should Employers Do? Companies with 50 or more employees
must comply with the Family and Medical Leave Act (FMLA),
which allows up to 12 weeks of unpaid leave to care for
a seriously ill parent, spouse or child without the loss
of a job. The FMLA covers both physical and psychological
care, including psychological comfort and reassurance that
would benefit an ill parent, even if that family member
is already receiving inpatient or professional home care.
Flexible
Scheduling: Employers can explore the use of flexible
work hours, part-time hours, telecommuting and job sharing.
Employers also may want to consider offering employees
the use of vacation days, family illness days or other
leave time to provide family care.
Dependent
Care Accounts: Employers can offer "cafeteria
style" employee benefits that allow employees to set
aside pretax dollars in an account to pay for care and
services for family members not covered by insurance. An
added benefit for employees is that this reduces the employee's
taxable income.
Information
and Referrals: Employers also can provide information,
resources and referrals. Employees spend a great deal of
time researching their different options and trying to
find long term care for their gravely ill parents. Educating
employees about community resources is very important.
This can include in-house workshops, providing information
about seminars in the local area and other reference materials.
In California, the Family Caregiver Alliance at www.caregiver.org offers
information about work-related elder care issues. The alliance
offers materials on caregiving and resources for caregivers,
as well as links to other Web sites, and specialized materials
for human resources or Employee Assistance Program (EAP)
staff. The Family Caregiver Alliance can be reached at
(800) 445-8106, or visit its website: www.caregiver.org.
Support
Groups: Be aware of the mental toll caregiving takes
on employees. Employers should encourage employees to use
company EAP programs. Employers also can refer employees
to local support groups provided in the community or at
local hospitals. Large organizations may offer to organize
an in-house support group.
Long-Term
Care Insurance: Investigate this increasingly popular
type of insurance, which covers portions of long-term care
costs for the employee or for dependent spouses, children
or parents. Long-term care insurance is expensive, but
can be part of an attractive benefits package to attract
and retain good employees.
Stay
Informed: Awareness of eldercare issues is growing.
The National Family Caregiver Support Program was signed
into federal law last year to provide support for the many
people who are caring for the elderly, ill or disabled.
It is important for human resources professionals to stay
informed about these issues, and to continue to look for
creative new workplace solutions.
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