Kelly S. Hughes

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Workplace Flexibility Definitions, Trends
Next Steps
Title Goes Here
Presented By Kelly S. Hughes (Charlotte, NC)
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AGENDA

• Introduction to Workflex Terms, Tools and Trends
• Discussion of Most Commonly Implicated Federal
  Employment Laws
• Tips for Getting Started

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STRATEGIC WORKFLEX

• Workflex is not
• A benefit
• A form of compensation or punishment
• A right
• A collection of programs or policies
• Limited to remote work and flex hours

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WHAT IS WORKFLEX?

• Workflex is a process for solving problems and
  increasing effectiveness and efficiency in and
  out of work

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Why Workflex? Bottom Line Results

• American Express found that remote workers were
  43 more productive than their office-based
  colleagues
• PricewaterhouseCoopers flexibility policies
  have helped cut annual turnover from 15 to 24
  saving an estimated 45 million a year
• Traffic congestion cost U.S. commuters 121
  billion in wasted time and fuel

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Workflex is One Part of an Effective Workplace
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Workflex Tools and Trends

• Choices in Managing Time
• Flex Time and Flex Place
• Reduced Time
• Time Off
• Flex Careers
• Dealing with Overwork
• Culture of Flexibility

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Intersection of Workflex Tools and Employment
Laws
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Teleworking

• Primary laws implicated
• Title VII
• ADA (and ADAAA)
• OSHA
• Workers Compensation
• Privacy Laws /Data Protection
• NLRA
• FLSA (and state wage/hour laws)
• FMLA

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Shift Swapping

• Primary laws implicated
• Title VII
• ADA (and ADAAA)
• NLRA
• FLSA (and state wage/hour laws)

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Reduced Schedules/Job Sharing

• Primary laws implicated
• Title VII
• ADA (and ADAAA)
• NLRA
• FLSA (and state wage/hour laws)
• FMLA
• ERISA

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Flexible Schedules

• Primary laws implicated
• Title VII
• ADA (and ADAAA)
• NLRA
• FLSA (and state wage/hour laws)
• FMLA
• New San Francisco ordinance

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Time Off/Sabbaticals

• Primary laws implicated
• Title VII
• ADA (and ADAAA)
• NLRA
• FLSA (and state wage/hour laws)
• FMLA
• ERISA
• COBRA

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EAP/Employee Wellness

• Primary laws implicated
• GINA
• ADA (and ADAAA )
• HIPAA
• ERISA
• COBRA

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Creating an Effective and Flexible Workplace

• GETTING STARTED

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Drawing Conclusions Where Do You Go Next?

• BIG DECISIONS
• Do you need to offer more than you have
  currently?
• Are managers getting in the way and, if so, why?
• Are you offering the right options, but are
  people not using them?

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Implementation Moving to Action

• Use pilot programs to learn how to implement
  flexibility, not as a way to decide whether to
  offer flexibility
• Make sure you start implementation with ongoing
  mechanisms to collect feedback on what works and
  what needs to be improved
• Create principles and guidelines to guide the
  evolution of your workflex efforts
• Write down your organizations policies
• Equip your managers and supervisors with
  information, tools and resources to be effective
  workflex stewards

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Maintaining the Momentum

• Continue to educate all of your flexibility
  champions in change management
• Create opportunities for recognition for managers
  who promote flexibility and construct small wins
  on an ongoing basis
• Continue to communicate, communicate, communicate
• Build workflex into your accountability system
  and other key management systems
• Look for improvements you can make
• Measure what matters

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Assessing Your Organizations Workflex

• When Work Works offers free workflex assessment
  surveys of employers and employees as part of the
  Sloan award application process (Jan-May)
• All applicants get free, confidential reports
  comparing their responses to the biennial
  National Study of Employers
• Winners are offered support gathering recognition
  for their workflex efforts by When Work Works and
  local community partners and SHRM affiliates

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Additional Resources

• Workflex Employee toolkit is the employee
  focused companion piece to Workflex The
  Essential Guide to Effective and Flexible
  Workplaces. Its purpose is to help employees
  partner with their employers to develop workflex
  plans that benefit both employers and employees.
• Online download at http//www.whenworkworks.org/b
  e-effective/guides-tools/workflex-employee-toolkit

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Additional Resources
Workflex includes research, legal and
experience-based perspectives and in-depth case
studies of workplace flexibility as well the
tools and techniques needed to translate those
perspectives into action.
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Additional Resources

• For more information about workflex, When Work
  Works and its sponsors SHRM and Families and Work
  Institute
• check out their website at WhenWorkWorks.org
  orfollow them on Twitter _at_WhenWorkWorks
• OR
• Call your friendly employment law attorney ?

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Creating an Effective and Flexible Work
Environment

• Questions?
• Kelly S. Hughes
• 704-405-3132 (direct)
• Kelly.Hughes_at_ogletreedeakins.com