Officium, LLC

Voting Leave Laws and Required Notices

With Election Day fast approaching, now is the perfect time for employers to review voting leave laws and ensure that any mandatory notices are posted. Staying compliant with state-specific regulations will help your employees exercise their voting rights while keeping your workplace running smoothly.

Most states require employers to provide employees with time off to vote, and in some cases, that time must be paid. Many of these laws require little to no advance notice from employees, so businesses should be prepared for last-minute requests. Encouraging employees to take advantage of early voting options, when available, can help reduce the number of absences on Election Day. However, employees still retain the right to vote on Election Day if they choose.

Required Notices

Certain states, like California, the District of Columbia, and New York require that employers post notices about employees’ voting rights in an accessible workplace location. If your employees work remotely, make sure these notices are provided electronically, and in some cases, you’ll need to confirm receipt.

District of Columbia

In the District of Columbia, employers are required to post a notice provided by the DC Board of Elections. This notice should inform employees about their right to take paid administrative leave to vote. Employees must be granted at least two hours off to vote in any election held in the District or another jurisdiction where they are eligible to vote.

Employers may require employees to submit voting leave requests in advance and may specify the hours during which employees can take time off. Early voting in DC begins on October 28, 2024, and runs through November 3, 2024, so this is a great option for spreading out voting-related absences.

New York

In New York, if an employee does not have four consecutive hours to vote between the opening of the polls and the start of their shift, or between the end of their shift and the closing of the polls, they are entitled to take up to two hours of paid time off to vote. The employer can choose whether the time off is taken at the beginning or end of the shift unless otherwise agreed upon.

Employees are required to notify their employer at least two days but no more than ten days before the election if they need time off to vote. New York employers must also post a notice about employees’ voting rights at least 10 working days before the election, which is Monday, October 22, 2024.

California

California law mandates that employees be allowed up to two hours of paid time off to vote if they don’t have sufficient time outside of working hours. Employees can take additional time, but only two hours of that will be paid. The time off must be scheduled either at the beginning or end of the work shift unless another arrangement is made.

Employees must notify their employer at least two working days prior to the election if they think they will need time off to vote. Remember, for the upcoming election, California employers are also required to post a notice about voting rights no later than Saturday, October 26, 2024. If your business is closed on Saturdays, post by Friday, October 25.

If you have questions about requirements for your workplace, please contact me at edgar@officiumdc.com or schedule a time to talk here.

Bullying in the Workplace May Be More Prevalent Than You Think

Studies show that nearly 30% of workers will experience bullying at some point in their careers, highlighting the widespread nature of the issue.

Workplace bullying isn’t just about minor conflicts or disagreements. It involves harmful, intentional mistreatment that can have severe consequences for individuals and the workplace environment.

What is Workplace Bullying?

Workplace bullying refers to repeated, intentional acts of mistreatment, such as verbal insults, social exclusion, sabotage, or even physical aggression. It can be direct—such as yelling or intimidating behavior—or more subtle, like manipulation or undermining someone’s work. With the rise of technology, cyberbullying has also become a common form of workplace harassment, making it harder for employees to escape mistreatment even outside office hours.

At its core, bullying often revolves around power dynamics, with perpetrators seeking to control or dominate their targets. Bullies frequently focus on individuals they perceive as vulnerable or threatening to their career standing, targeting them for their personality traits, race, religion, or other characteristics.

The Impact of Workplace Bullying

The effects of bullying go far beyond the workplace. Targets of workplace bullying often experience significant stress, burnout, anxiety, and in extreme cases, depression or suicidal thoughts. Physical symptoms can also arise, such as headaches, sleep disturbances, and cardiovascular issues. The constant worry about what might happen next can severely hinder job performance and lead to disengagement.

Beyond the individual, workplace bullying can deteriorate team morale, reduce productivity, and create a toxic environment that damages the company’s overall health. Employees who feel unsafe or unsupported are less likely to be innovative, motivated, or collaborative—ultimately affecting the organization’s success.

Are You Being Bullied?

If you’re experiencing constant stress, anxiety, or emotional discomfort at work, it’s worth considering if workplace bullying is at play. Some questions to ask yourself include:

  • Are you being singled out or excluded?
  • Do you feel belittled, insulted, or undermined?
  • Is your job performance suffering due to ongoing stress?

If your answers to these questions are “yes,” it’s crucial to prioritize your safety and well-being. Recognizing the signs of bullying is the first step to addressing it.

If you believe you’re being mistreated at work, documentation is key for more effective reporting to management or HR.

Building a Bully-Free Workplace

Organizations must recognize the seriousness of workplace bullying and actively work to prevent it. Creating policies that address bullying, fostering open communication, and promoting a culture of respect are all vital steps in building a safer work environment.

One crucial aspect of a healthy workplace is psychological safety—the belief that employees can speak up, share ideas, and voice concerns without fear of retaliation. When workplaces prioritize psychological safety, employees feel more empowered to report bullying and harassment, and leaders can take swift action to resolve issues before they escalate.

To learn more about creating a culture of psychological safety and addressing workplace bullying, tune in to The Worker Experience podcast, where Edgar delves into the concept of psychological safety and offers actionable insights for both employees and managers.If you need support navigating situations of workplace bullying or developing policies to prevent this behavior, please contact me at edgar@officiumdc.com or schedule a time to talk here.

Communications Platforms Causing a Divide at Work? Here’s How to Avoid It

In today’s digital age, workplace communication has transformed dramatically. While technology has made staying connected easier, it’s also creating new challenges and divisions. However, bridging the gaps and unifying the team is possible with careful and intentional planning.

The shift to remote and hybrid work has accelerated our reliance on digital communication tools, bringing its own set of problems:

A generational divide exists in communication preferences, with older workers often favoring traditional methods while younger generations expect more modern approaches. This disparity can lead to misunderstandings and frustration.

The ever-growing number of communication platforms has made choosing the right one for each situation complex. Employees often struggle to determine the most appropriate medium for their message.

Despite being the preferred method for most workers, email is paradoxically the most likely to cause misunderstandings. This highlights the challenges of relying heavily on text-based communication.

Unexpected work-related calls or voicemails are becoming a source of anxiety for many employees, indicating a shift in workplace norms and expectations around real-time interactions.

These communication challenges are causing real problems. A majority of Americans report experiencing increased levels of workplace conflict in recent years, much of which can be attributed to miscommunications. This is leading to higher stress levels, increased turnover rates, and a decline in work quality.

To create a more cohesive workplace, consider these strategies:

1. Establish clear norms for using different communication channels.

2. Consider the PER Factor (People, Environment, Relationship) when choosing your communication platform. Know what works best for your team and figure out what special features you may need. 

3. Train managers to navigate the complex communication landscape effectively. Leadership can make transitions into different styles of communication easy. 

4. Be mindful of content and context, opting for richer communication methods for sensitive topics. Know when a point can be communicated via text, email, or call. 

5. Respect personal preferences in communication methods when possible. Establish preferences for your team early on and be consistent with that style. 

6. Foster digital empathy, especially in text-based communications. Using apps like Monday or Slack allow teams to stay in contact without calls.

While communication platforms can divide the workplace, they also offer unprecedented opportunities for connection and collaboration. By using these tools mindfully and establishing clear norms, we can create more cohesive, productive, and harmonious work environments.

Effective communication isn’t about using the latest technology – it’s about choosing the right medium for the message and the audience. By doing so, we can bridge divides and build stronger, more connected teams, regardless of where or how we work.

If this is a strategy you’re interested in learning more about, please contact me at edgar@officiumdc.com or schedule a time to talk here.

Keeping It Professional at Work During Election Season

As the 2024 U.S. presidential election approaches, organizations are increasingly challenged with managing political discussions in the workplace. While such conversations can be unavoidable, they carry the potential for conflict and division if not handled with care.

Recent studies indicate that 83% of employees engage in political discussions at work. This statistic highlights the importance of addressing how these conversations take place, particularly in environments where communication channels like email and text are prevalent. While 86% of employees prefer these digital methods, they are prone to misinterpretation due to the absence of nonverbal cues. This is especially problematic when discussing sensitive topics like politics.

These misunderstandings can foster an environment where political differences become personal conflicts, threatening the workplace’s harmony and productivity.

Strategies for Maintaining Professional Communication

1. Emphasize Organizational Goals  

Remind employees that their primary objective is to work collaboratively towards the organization’s success, regardless of differing political views. Policies to support this may include banning political merchandise in the office and workplace conversations that may come off critical, offensive or demeaning to others based on their political beliefs.

2. Address Communication Styles  

Encourage employees to be mindful of different communication styles. Facilitating discussions about these differences can help prevent misunderstandings, especially during politically charged times.

3. Implement a Review Process  

Advise employees to carefully review emails for tone and content before sending, particularly when addressing political subjects. Consider using AI tools for tone analysis to minimize miscommunication.

4. Foster Professional Relationships 

Encourage team-building activities that help establish trust and understanding among colleagues, providing a stronger foundation for navigating political discussions.

5. Consistently Apply Policies 

Enforce conflict management guidelines and workplace policies consistently to maintain a respectful and professional environment, especially when politics enter the conversation.

6. Streamline Email Communication  

Advise employees to use concise, structured emails that clearly state the purpose and necessary actions. If email exchanges about political topics become prolonged, recommend transitioning to verbal communication to avoid further misunderstandings.

7. Provide Conflict Management Training

Invest in conflict management training to equip employees with skills necessary for navigating disagreements, particularly those arising from political differences. (We offer this at Officium!)

8. Prioritize Emotional Intelligence in Hiring

Consider emotional intelligence as a key factor in the hiring process to build a workforce capable of managing interpersonal dynamics effectively, including political discussions.

As political discussions become more common in the workplace, organizations must proactively manage these conversations to prevent them from disrupting productivity and collaboration. By focusing on clear, respectful communication and equipping employees with the right tools and training, companies can navigate the complexities of workplace interactions during election seasons and beyond.

If you need support navigating these conversations, please contact me at edgar@officiumdc.com or schedule a time to talk here.

Quick Tip: “Work From Anywhere” Regulations

In the employment world, we’re seeing a trend in states addressing “work from anywhere” policies.

Since the pandemic, many companies have been lenient on, or unable to track, the city/state/country that remote employees are working in. Many recent state regulations claim that once employees cross state lines, they are subject to the laws of that state, and their employer may be responsible for a variety of potential conflicts concerning tax withholding, workers’ compensation, wage and hour laws, privacy protections, and more.

These rules will have a substantial impact on industries and roles that not only allow remote work, but also those that require a great deal of travel.

To address this, I recommend that businesses establish communication policies that allow them to track where employees are conducting their work to ensure the right laws are applied if complications arise to avoid any costly repercussions.

If you have questions or need advice on how to navigate these state laws, I’m happy to help. Please contact me at edgar@officiumdc.com or schedule a time to talk here.

Creating PTO Policies That Work For Everyone

If they haven’t already, many employees are gearing up to enjoy their well-deserved paid time off (PTO) this summer. However, a concerning trend is emerging within organizations: instead of fully disconnecting, many employees find themselves still tethered to work duties even during their vacations.

PTO is highly valued by both employees and employers alike. According to the 2024 SHRM Employee Benefits Survey, paid leave is considered just as important as retirement benefits to workers. And, despite its importance, recent studies reveal a troubling reality: a significant portion of employees struggle to unplug completely during their time off, with many continuing to check emails and taking work calls.

Technological advances have made it effortless for employees to stay connected to work, blurring the boundaries between work and personal time. This constant connectivity, while convenient for staying in touch, undermines the essential purpose of vacation: to rest and recharge.

Evolving workplace dynamics, including remote work and flexible schedules, also contribute to this challenge. Employees may feel compelled to stay connected or handle tasks during PTO to manage their workload effectively.

However, the consequences of not fully disconnecting can be significant. Failing to unwind during PTO can lead to burnout and heightened stress levels, impacting overall mental health and job satisfaction. Studies indicate that burnout rates are on the rise, exacerbated by the inability to disconnect from work pressures. Employees who feel overworked and stressed are more likely to become disengaged and potentially seek employment elsewhere, impacting company morale and productivity.

To address these challenges, our team always recommends a proactive approach from employers. Fostering a work culture that values and encourages employees to take uninterrupted time off is crucial, and includes setting clear expectations and boundaries around PTO, with managers leading by example in refraining from contacting their team members during vacation periods.

Additionally, employers can implement practical measures such as temporarily blocking access to work emails or assigning interim responsibilities to ensure coverage during employee absences.

Ultimately, promoting a healthy work-life balance year-round is essential. Companies that prioritize employee well-being through supportive policies and a positive workplace culture are likely to see higher levels of job satisfaction and productivity. By encouraging employees to fully disconnect during their vacations, organizations can create an environment where both personal rejuvenation and professional effectiveness thrive.

If you’re interested in exploring new PTO policy opportunities for your company, please contact me at edgar@officiumdc.com or schedule a time to talk here.

Harnessing the Talent of Older Workers

In today’s evolving landscape of workforce dynamics, companies are increasingly recognizing the value of older workers. As labor shortages persist across various industries, particularly in roles requiring specialized skills and experience, employers are turning their attention to the Baby Boomer generation, viewing them not just as a demographic nearing retirement, but as a critical talent pool that demands nurturing and investment.

In response to the growing recognition of older workers’ potential, companies are reshaping their benefits strategies to align with the values of older employees to enhance retention. This strategic alignment not only supports workforce stability but also underscores the company’s commitment to its seasoned professionals.

Key Trends in These Types of Benefits

  1. Stressing Existing Benefits: Many companies are revisiting and emphasizing the traditional benefits that resonate with older employees such as core health, dental, and vision plans, generous retirement savings options like 401(k) matching, and comprehensive insurance coverage—all critical factors in appealing to older workers nearing or in retirement age.
  1. Offering Flexibility: Flexible work arrangements rank high on the list of priorities for older workers. Options such as remote work, part-time schedules, and flexible hours cater to their desire for a balanced work-life integration. 
  1. Focusing on Health and Wellness: Employers are increasingly recognizing the role of work in promoting health and well-being, particularly among older employees. Initiatives that support healthy aging, such as preventative health programs and specific benefits like menopause support, are gaining traction. These efforts not only enhance employee satisfaction but also contribute to a more resilient and engaged workforce.
  1. Promoting Financial Well-Being: With retirement looming, financial wellness becomes a paramount concern for older workers, emphasizing the importance of tailored financial planning support and educational programs aimed at bolstering retirement readiness. By addressing financial concerns proactively, employers can alleviate stress and empower older employees to navigate their future with confidence.
  1. Offering Post-Retirement Opportunities: Retirement doesn’t necessarily mean an end to productivity, some forward-thinking organizations are exploring post-retirement work options. Leveraging alumni networks and flexible workforce models to tap into retired employees’ expertise and maintain business continuity.
  1. Investing in Learning and Development: Contrary to stereotypes, older workers are enthusiastic about continuous learning and development. Mentoring programs and skills development initiatives not only foster knowledge transfer but also enrich the workplace by bridging generational divides.

By embracing and adapting your benefits strategies to meet the unique needs and aspirations of older employees, you can cultivate a resilient, engaged, and multi-generational workforce capable of driving sustained success in the years to come.

If you have questions about how to ensure that your benefits offerings are inclusive and beneficial to all workers, please contact me at edgar@officiumdc.com or schedule a time to talk here.

Stop Losing Out On Top Candidates

There’s nothing more disheartening for hiring managers than having a qualified candidate withdraw their application in the middle of the hiring process. From the candidate’s perspective, nothing is more frustrating than an unresponsive or unorganized potential employer.

According to the 2024 Monster Work Watch Report, 47% of survey respondents claim that poor communication is the top reason why candidates withdraw their applications. Here are some key points from their responses that you should keep in mind to ensure that applicants happily remain in the hiring process:

Poor Communication

Poor and untimely communication is a significant candidate turn-off. Candidates should be treated with respect and kept informed throughout the hiring process, and it’s important to be transparent about response and decision timelines.

Unrealistic Job Previews

Employers are encouraged to share all aspects of a job, “warts and all,” early in the interview process to avoid candidates pulling out at the last minute or leaving the role after a short period of time. Being honest about the potential challenges of a job removes any surprises down the line.

Unreasonable Processes

The Monster report also shows that 36% of respondents dropped out because the interview process was too demanding. Long, multi-round interviews and excessive requirements like writing lengthy presentations or business cases can be frustrating for candidates.

Respect Candidates’ Time

Showing respect can leave a lasting impression on a potential candidate. Recognize that candidates are also evaluating your company and may choose to drop out for reasons unrelated to your process. However, maintaining a supportive and equitable hiring process will encourage repeat applications and help attract top talent.

Clear communication, realistic job previews, reasonable processes, and respectful treatment of candidates are crucial in retaining top talent throughout the hiring process. By addressing these areas, companies can improve their chances of securing the best candidates.

If you have any questions about establishing a hiring process that excites and encourages candidates, our team is happy to help. Please contact me at edgar@officiumdc.com or schedule a time to talk here.

New EEOC Guidance on Workplace Harassment

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) released updated guidance on harassment in the workplace, marking the first significant update in over two decades.

Titled “Enforcement Guidance on Harassment in the Workplace,” this new guidance integrates feedback from nearly 40,000 public comments and reflects the latest legal standards and best practices for addressing workplace harassment. Below is a breakdown of what is included in the EEOC’s updated protections, highlighting the need for potential changes to your business’ employee handbook.

Inclusion of LGBTQ+ Protections

The guidance recognizes that discrimination based on sexual orientation and gender identity is unlawful under Title VII of the Civil Rights Act of 1964. This includes harassment like misgendering, outing someone’s sexual orientation or gender identity without their consent, and denying access to appropriate bathrooms.

Protections for Pregnancy and Related Conditions

The guidance emphasizes protections under the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). It addresses harassment related to pregnancy, childbirth, lactation, and reproductive choices, providing clear examples of what constitutes unlawful behavior.

Race and Color-Based Harassment

For the first time, the EEOC has separated harassment based on “color” into its own category, distinct from race or national origin. The guidance clarifies that color-based harassment due to differences in pigmentation, complexion, or skin tone is independently covered under Title VII.

Genetic Information and Family Medical History

Under the Genetic Information Nondiscrimination Act (GINA), harassment based on genetic information or family medical history is explicitly unlawful. This could include making derogatory remarks about an employee due to their family’s medical conditions.

Retaliatory Harassment

The guidance introduces the concept of retaliatory harassment, clarifying that such behavior can be unlawful even if it doesn’t create a hostile work environment. Any conduct that might deter a reasonable person from engaging in protected activity is considered retaliation.

Intraclass and Intersectional Harassment

Examples of harassment within the same protected category (intraclass) and targeting individuals based on multiple protected characteristics (intersectional) are provided. This includes scenarios like age-based harassment within the same age group and combined sex and age discrimination.

The guidance offers over 70 hypothetical examples of potential unlawful harassment, reflecting modern workplace dynamics such as hybrid work settings and the use of electronic communication. 

Employers are encouraged to review and update their anti-harassment policies to align with the new guidance, and should incorporate training or similar tools to address harassment by clients, customers, or other nonemployees.

The EEOC’s updated guidance on workplace harassment represents a significant step forward in creating safer, more inclusive work environments. By proactively updating policies and training programs, employers can better protect their employees and reduce the risk of liability. 

If you have questions about the new clarifications and how to incorporate them into your workplace, I’m happy to help. Please contact me at edgar@officiumdc.com.

Quiet Firing: A Toxic Approach to Employee Management

Have you been feeling the cold shoulder or receiving less assignments at work suddenly? These could be signs of quiet firing.

Quiet Firing’ is a term used to describe a management practice where employers subtly push employees out of the company instead of directly terminating them. This is often done by reducing their responsibilities, excluding them from important meetings, or providing minimal feedback and support. The goal is to create an uncomfortable work environment, making the employee feel undervalued and frustrated, ultimately leading them to resign voluntarily.

Unfortunately for those who aim to avoid conflict, this practice can be harmful for both the leader and the company. For example:

It Can Ruin Trust and Morale

Quiet firing creates an environment of uncertainty and distrust. When employees perceive that their peers are being subtly forced out, it undermines their sense of job security and damages overall morale. This can lead to a toxic workplace culture where employees feel unsupported and anxious about their future.

It Can Damage a Company’s Reputation

Word spreads quickly in professional networks. When employees leave due to quiet firing, they often share their negative experiences with others. This can tarnish the company’s reputation, making it harder to attract and retain top talent. Potential hires may be wary of joining a company known for such practices.

It Has Potential To Lead to Legal Challenges

Employees may claim they were constructively dismissed, which can result in costly legal battles and settlements. Additionally, it raises ethical concerns about fairness and transparency in the workplace.

It’s a Reflection of Ineffective Performance Management

This approach reflects poorly on the leadership team’s ability to manage employees and performance effectively. It shows a lack of willingness to address issues directly and constructively, which is essential for a healthy and productive work environment.

While the conversation will likely be uncomfortable for both parties, communicating properly with an employee about their performance and the risk of termination is simply the right thing to do. To combat the awkwardness, we recommend:

  • Preparing what you’d like to say in advance
  • Choosing a private, neutral space for the conversation to take place
  • Being clear and direct: Say what you mean and mean what you say
  • Providing constructive feedback and set clear expectations
  • Following up and track the employees’ progress
  • Documenting everything in case of termination

Overall, quiet firing can be a detrimental practice that harms both employees and the company. By adopting a more transparent and supportive approach to performance management, leaders can create a more positive and productive work environment, ultimately leading to better outcomes for everyone involved.

If you have any questions surrounding this topic, please contact me at edgar@officiumdc.com or schedule a time to talk here.