National Smoking Ban Enacted in Brazil
Brazil recently became the largest "smoke-free" country in the world, according to the Pan American Health Organization, the regional arm of the World Health Organization. Previously, pursuant to Law No. 9.294 (in Portuguese) (July 15, 1996), smoking was permitted in public and private enclosed collective-use spaces if there was a designated, ventilated area exclusively for smoking. However, Article 49 of Law 12.546 (in Portuguese) (Dec. 14, 2011) amends Law No. 9.294 to prohibit the use of cigarettes, cigars, pipes or any other smoking product in all public and private enclosed collective-use spaces. While such a ban already existed within some Brazilian states, e.g., Sao Paulo and Rio de Janeiro, the new law applies nationwide. Accordingly, employers should review their on-premises smoking policies for possible amendment in light of the revised national law.
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Survey: 73% of Companies Consider Whistleblowing and Retaliation Claims an Emerging Risk
According to the recent Littler Mendelson Whistleblower Survey (pdf), companies are increasingly concerned about the potential impact of whistleblower claims on their organizations, although the level of concern has not fully peaked as companies are still adapting to the new regulatory environment created by Dodd-Frank:
- 73% of respondents identified whistleblowing and retaliation as an emerging risk area and 96% are either very concerned or moderately concerned about potential whistleblower claims.
- Although a high percentage of respondents (45%) indicated that their company had experienced a whistleblower claim in the last 12-24 months, 67% anticipated whistleblower claims to increase within the next 12-24 months.
- While respondents were undoubtedly concerned about whistleblowing activity and were anticipating an increase in claims, the financial incentives created by Dodd-Frank are relatively new and it is anticipated that the level of concern will rise in the next 12-24 months as companies continue to feel the impact of these changes.
- Respondents also expressed concern that provisions within Dodd-Frank could undermine their compliance programs. Only 12% of respondents indicated this was not a concern, while 51% were concerned and 37% remain unclear on the impact on their current procedures.
Littler surveyed 51 senior legal, compliance and human resources executives at publicly traded or highly regulated companies, the vast majority of which were based in the United States. Of those participating, by Standard and Poor's definitions, 60% were LargeCap companies, 26% were MidCap and 14% were SmallCap.
The survey also found that companies were somewhat confident about their ability to protect against whistleblower claims, but were taking steps to better prepare and train management on compliance with government regulations and proper handling of whistleblower claims:
- The majority of respondents (65%) believed that their companies were only moderately prepared to handle whistleblower claims and 8% were not prepared at all. Furthermore, only 54% were confident that executives in their organizations understand unlawful retaliation concepts and knew not to engage in such conduct, while 32% were not confident and 14% did not know.
- 84% of respondents indicated their companies had taken preventative steps to protect against unlawful retaliation claims. In addition, whistleblower and/or retaliation-related training appeared to be prevalent at the companies surveyed, with 41% conducting training in the next 12 months, 18% planning to do so and 27% considering implementing such training.
- Respondents from LargeCap companies expressed greater concern about whistleblower claims, with 73% anticipating claims will increase within the next 12-24 months (compared to 66% of all respondents). A higher percentage of respondents from LargeCap companies indicated they have taken preventative steps to protect against unlawful retaliation claims (93%) and 59% will be conducting training in the next 12 months.
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Work: That's the Name of the Game
To help increase worker productivity, foster innovation, and make work seem less like work, some companies have incorporated gaming into their businesses processes, reports the Chicago Tribune. This "gamification" of the workplace includes virtual badges for completing tasks, unlocking more complex training courses when basic levels are completed, and awarding points for improvements, which are noted on an employee scoreboard. A research firm estimated that 70% of large companies will use gaming techniques for at least one business process by 2014.
Global technology and accounting firms are leading the way to putting the "fun" back into business fundamentals. For example, one company's game challenges employees to increase a virtual city's efficiency, and another incorporates gaming into its Leadership Academy. While no metrics currently exist to gauge the effectiveness of workplace games, a cited study shows employees who used video games while training had better factual learning skills, reached higher skill levels, and were better able to retain information compared to non-interactive learners.
Despite its noted potential in the workplace, at least one communications professor advises that companies should ensure that games do not get out of hand. He reasons that what might be perceived by some employees as healthy competition could create resentment among others.
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Survey: Most Firms Have Disaster Preparedness Plans in Place, But Many Lack Confidence in Ability to Face Threats
As the ten-year anniversary of the September 11th attacks approaches, the Society for Human Resources announced results from a survey it conducted on organizations' disaster preparedness plans. Although 61% of the 306 respondent organizations had either implemented or revised their plans since the attacks, only 33% felt prepared "to a great or very great extent" to manage a threat or disaster (terrorist attack, natural disasters, epidemics, workplace violence, etc.), while 42% felt prepared "to a moderate extent." The survey indicated that large firms (2,500 or more employees) were most likely to have in place a formal disaster preparedness plan. The most common security provisions were "offering and requiring more training about crisis/disaster management," and "developing business continuity plans." Remarkably, identification badges for employees are required by only 18% of respondents.
A security expert quoted in a related report by Workforce Management noted that, in addition to physical safety concerns, companies must concern themselves with "computer hacking, pre-employment screening and other types of security concerns." He also noted that businesses need crisis preparedness plans addressing all issues, and recommended that companies with sensitive data perform pre-employment background checks. However, employers conducting such checks must ensure they comply with applicable privacy and discrimination laws.
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Recession's Impact on Employee Benefits Lingers
A recent study of the types of benefits U.S. employers offer to their employees, Examining Employee Benefits Amidst Uncertainty, found that the recession has significantly impacted employee benefits. The study, conducted annually by the Society of Human Resources Management, found that as companies struggle to remain competitive in recruiting and retaining top talent, employees have been bearing greater financial responsibility for benefits such as retirement and health care plans. Key findings of the 2011 study include:
- Nearly 75% of surveyed human resources practitioners report a negative impact on benefits due to the economy, up from 70% in 2010.
- Ninety-three percent of respondents' employers offer defined contribution pension plans, compared with only 22% that offer defined benefit pension plans.
- Health savings accounts are becoming more prevalent while HMO plans continue to decline in popularity.
- In the past five years, 25% of employers have offered housing and relocation programs (e.g., assistance selling previous home, cost-of-living differential, spouse relocation assistance), a decrease from 42% in 2007.
- Though employers may see a $6 gain on a $1 investment in wellness programs, the number of companies offering such programs has remained flat, at around 59%.
One offering showing a gain in popularity is workplace flexibility benefits: More than 50% of respondents' companies offer flex time (up from 45% in 2010), and 20% offer full-time telecommuting, up from 17 % in 2010.
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Survey: Talented Workers in Short Supply Globally
The Global Talent Index, which analyzes 60 countries' "capacity for developing, attracting and retaining talent," was recently issued by leadership advisory firm Heidrick & Struggles in partnership with the Economist Intelligence Unit. The examined indicators (e.g., education, demographics, openness of labor market) and business executives' survey responses indicate that demand for talented workers exceeds supply, both in the current market and also as projected for 2015.
Continue Reading...Expat Survey Reveals Best Countries for Foreign Assignments
The latest edition of HSBC Bank International's "Expat Explorer Survey" may influence employees seeking assignments abroad. The survey, now in its third year, gathers input from 4,000 expatriates based in 100 countries regarding:
- economic factors (pdf) such as disposable income, housing quality, and ability to hire domestic help;
- experience factors (pdf) such as quality of life, work/life balance, and ease of integrating into the local culture; and
- offspring factors (pdf) such as quality of childcare, education, and safety.
The best overall score went to Singapore, followed by Hong Kong, the United Arab Emirates, Canada, and Spain.
The top five "economic" locations were Russia, Saudi Arabia, Bahrain, Bermuda and Singapore.
Expats can select from a diverse range of countries rated high for best "experience." Thailand ranked first, followed by Canada, Bahrain, Spain, and South Africa.
Finally, European destinations ranked high for those with concerns about their family's welfare. With the exception of Hong Kong, the top five "offspring" countries were located in Europe. Belgium ranked first, followed by Spain, France, Hong Kong, and Germany.
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Gallup Launches New Project to Track Global Availability of "Good Jobs"
Gallup, as part of its Global Employment Tracking project, has defined new employment indices intended to "give an unprecedented picture of the state of employment worldwide." One index, the Underemployment Index, defines respondents as "underemployed" if they are (1) employed part time but want to work full time or (2) unemployed. Another new index, Employed Full Time for an Employer Index, applies to respondents who are employed by an employer (i.e., are not self-employed) and work for this employer for at least 30 hours per week. Gallup details the project in a report titled Good Jobs: The Global Standard (PDF).
As part of this project, a series of surveys conducted in 129 countries concluded that, in 2009 and 2010, 40% of the global workforce were employed full time for an employer and 19% were underemployed. Gallup concluded that its Employed Full Time for an Employer Index has a strong positive correlation with gross domestic product (GDP) per capita, i.e., those countries with high full-time employment rates also had higher GDP per capita. Countries scoring high on Gallup's Underemployment Index tend to have lower GDP per capita. By contrast, when examined across countries, Gallup research has found "no relationship" between unemployment rates and GDP per capita.
Highlights of the surveys' findings by region include:
- Full-time employment rates ranged from 19% (Sub-Saharan Africa) to 59% (former Soviet Union).
- Underemployment rates ranged from 15% (former Soviet Union) to 31% (Sub-Saharan Africa).
- Unemployment rates ranged from 5% (Asia) to 10% (Middle East / North Africa and the Americas).
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Record Number of Equal Employment Opportunity Charges Filed in U.S. Last Year
The U.S. Equal Employment Opportunity Commission (EEOC) recently released its Fiscal Year 2010 statistics concerning individual charges filed with the agency. The overall number of charges was 99,922, an increase of more than 6% compared to FY 2009. According to the EEOC's Fiscal Year 2010 Performance and Accountability Report's performance results, the agency, through its
The number of charges increased in each individual category (race, sex, national origin, religion, age, disability, retaliation, Equal Pay Act). Retaliation and race discrimination were the most prevalent charges, accounting for 36.3 and 35.9% of charges filed, respectively.
Other highlights from FY 2010 include:
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Two hundred and one charges were filed relating to the Genetic Information Nondiscrimination Act (GINA), which took effect in November 2009.
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Of the 30,989 charges alleging harassment, only 11,717 alleged sexual harassment, with the remainder alleging some other form of harassment, such as race harassment, national origin harassment, or religious harassment.
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The EEOC resolved 285 lawsuits for a total monetary recovery of $85 million and filed 250 new lawsuits.
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Hiring of Temporary Workers Continues to Grow
Hiring of temporary workers in the United States during 2010 has been significant, the New York Times reports. Last month, 80% of the 50,000 newly created private-sector jobs went to temporary workers, according to the U.S. Department of Labor. This year, 26% of new private sector jobs were temporary positions. By contrast, in the comparable period after the recession of the early 1990s, only 11% of the added private-sector jobs were temporary.
Although the slow economy is primarily responsible for the uptick in temporary worker employment, businesses offer additional justifications:
- Project Management: Many business projects are short- to medium-term and can be completed by temporary workers overseen by a full-time supervisor.
- Flexibility: Hiring and terminating temporary workers is less legally burdensome.
- Benefits: Health and retirement benefits are costly, but not required for temporary workers.
Although a surplus worker pool currently exists, when the economy picks up, many believe the environment will change, requiring businesses to make permanent offers, including benefits, to secure talent. This would be welcome news to some: a recent survey found that 68% of temporary workers are seeking permanent positions.
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