The Employee Right to Disconnect

Source: Paul M. Secunda, Notre Dame Journal of International and Comparative Law, Vol. 8, Issue 1, 2018

From the abstract:
U.S. workers are increasingly finding it difficult to escape from work. Through their smartphones, email, and social media, work tethers them to their workstations well after the work day has ended. Whether at home or in transit, employers are asking or requiring employees to complete assignments, tasks, and projects outside of working hours. This practice has a profound detrimental impact on employee privacy and autonomy, safety and health, productivity and compensation, and rest and leisure. France and Germany have responded to this emerging workplace issue by taking different legal approaches to providing their employees a right to disconnect from the workplace. Although both the French legislative and German corporate self-regulation models have their advantages, this paper puts forth a hybrid approach using existing U.S. safety and health law under OSHA to respond to this employee disconnection problem. Initially under the general duty of clause of OSHA, and then under OSHA permanent standards and variances, this article provides a uniquely American approach to establishing an employee right to disconnect from work.

Predictive algorithms are no better at telling the future than a crystal ball

Source: Uri Gal, The Conversation, February 11, 2018

An increasing number of businesses invest in advanced technologies that can help them forecast the future of their workforce and gain a competitive advantage.

Many analysts and professional practitioners believe that, with enough data, algorithms embedded in People Analytics (PA) applications can predict all aspects of employee behavior: from productivity, to engagement, to interactions and emotional states.

Predictive analytics powered by algorithms are designed to help managers make decisions that favourably impact the bottom line. The global market for this technology is expected to grow from US$3.9 billion in 2016 to US$14.9 billion by 2023.

Despite the promise, predictive algorithms are as mythical as the crystal ball of ancient times….

Members of Congress respond to more than money – sometimes

Source: Jan Leighley, Jennifer Oser, The Conversation, February 9, 2018

Does citizen activism really affect the actions of elected officials?

Despite the ubiquitous role of money in campaigns, elections and policymaking, some citizens clearly still believe in the power of protest.

In the month of December 2017 alone, an organization called The Crowd Counting Consortiumtallied 796 protests, demonstrations, strikes, marches, sit-ins and rallies,” some of them featuring thousands of people, across the country. Over the past year, the offices of many members of Congress and other elected officials have been jammed with constituents voicing their opinions on the Affordable Care Act, the immigration program called DACA, abortion and sexual harassment, among others.

But does all of this sign waving and sitting in actually influence elected officials?

As social scientists, we have long been interested in political participation and online activism. We used this knowledge to design a study that looks at whether activism changes the votes of elected officials – and whether the effect is strong enough to mitigate the power of donated money.

What we found is that citizens can make their voices heard – at least some of the time….

Steward’s Corner: Challenge Unilateral Changes

Source: Robert M. Schwartz, Labor Notes, February 7, 2018

When management changes an established working condition or adopts a new policy that adversely affects employees, stewards should alert union leaders quickly. By submitting a demand to bargain or filing a grievance, the union may be able to stop, modify, or at least delay harmful developments. Pressure tactics such as petitions, rallies, and picket lines add leverage…..

Unfilled Jobs Take Toll on Governments Across the Country

Source: Katherine Barrett & Richard Greene, Governing, February 8, 2018

When vacancies are high, there are consequences — and many places are feeling them. …. Some vacancies are expected, even normal, but when they get too high, there are consequences: Permits aren’t renewed, inspections are missed, backlogs grow, overtime costs swell and services are reduced…..

Retirement Reform Lessons: The Experience of Palm Beach Public Safety Pensions

Source: Diane Oakley, Issue Brief, February 2018

From the summary:
A new case study examines the impacts of the actions of the Town of Palm Beach when substantial changes were made to the retirement plans offered to the town’s employees. The case study details the 2012 decision by the Palm Beach Town Council to close its existing defined benefit (DB) pension systems for its employees, including police officers and firefighters. Retirement Reform Lessons: The Experience of Palm Beach Public Safety Pensions outlines how the “combined” retirement plans offered dramatically lower DB pension benefits and new individual 401(k)-style defined contribution (DC) retirement accounts. Following a large, swift exodus of public safety employees to neighboring employers that increased costs in human resource areas, the town reconsidered the changes. In 2016, the Town Council voted to abandon the DC plans and to improve the pension plan.