Work – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 10 Reasons Law School Students Should Consider a Summer in Boston https://legacy.lawstreetmedia.com/schools/10-reasons-law-school-students-should-consider-a-summer-in-boston-2/ https://legacy.lawstreetmedia.com/schools/10-reasons-law-school-students-should-consider-a-summer-in-boston-2/#respond Wed, 16 Mar 2016 15:43:20 +0000 http://lawstreetmedia.com/?p=51092

Fun, relaxation, and a little bit of work.

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Image courtesy of [Alex S. MacLean for Boston University Photography]

Sponsored Post

It’s no secret that law school students are constantly looking for ways to stand out from the crowd. At the end of the day connections, location, and experience matter big time. One city that has all three of those features is Boston–and it’s an incredibly fun city as well. Check out the top 10 reasons to consider spending your summer in Boston.

Millennial Paradise

Boston is home to the highest proportion Millennials of any major U.S. city. People ages 20-34 make up more than 1/3 of Boston’s population–and nearby Cambridge and Somerville are even more dominated by Millennials. Cambridge’s share of the population between 20-34 is 44.5 percent; Somerville clocks in at 44 percent.

Both Boston and Cambridge are ranked by Niche.com as the best cities for Millennials–Boston clocks in at number nine, while Cambridge is first on the list. Niche looked at the things that matter like “access to bars, restaurants, affordability, and job opportunities, in an attempt to holistically measure how good an area is for a Millennial to live.”

Boston University School of Law
Boston University School of Law is a top-tier law school with a faculty recognized nationally for exceptional teaching and preeminent scholarship. At BU Law, you can explore virtually any area of the law in 200+ classes and seminars, 21 clinics, externships, and practicums, 21 foreign study opportunities, and 17 dual degrees. You’ll also be part of a supportive, collegial law school community while experiencing the professional, social, and cultural opportunities that the city of Boston has to offer. Boston University School of Law is a partner of Law Street Creative. The opinions expressed in this author’s articles do not necessarily reflect the views of Law Street.

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Talking About Pay In The Workplace: Is Sunlight The Best Disinfectant? https://legacy.lawstreetmedia.com/issues/business-and-economics/talking-pay-workplace-sunlight-best-disinfectant/ https://legacy.lawstreetmedia.com/issues/business-and-economics/talking-pay-workplace-sunlight-best-disinfectant/#respond Fri, 05 Feb 2016 15:29:22 +0000 http://lawstreetmedia.com/?p=50325

Why pay transparency is important.

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"Silence, please" courtesy of [Shawn Rossi via Flickr]

My most recent job was working as what I affectionately refer to as a “wage-slave” at a Trader Joe’s. As far as wage-slave jobs go it was a very upbeat environment, I was paid $13 an hour and treated respectfully by all the “mates.” However, on my first day, they explained to me that we are not supposed to talk to our fellow employees about how much we make. It did not seem like a suggestion. Prior to working at Trader Joe’s, I managed a team of psychologists, teachers, service providers, and secretaries at a company that provided services to preschoolers with special needs. The policy there, directly from Human Resources and our bosses, was not to discuss our salaries with each other. I had similar warnings when I worked for Starbucks at the age of 16 and later when I worked for the coffee chain again at the age of 26.

None of these warnings ever stopped me from discussing my wages with my co-workers at any of these jobs but warnings like this do silence many people. Most employers would argue that silence is a good thing. Co-workers discussing their pay with each other could lead to a hostile work environment and pay secrecy protects workers’ privacy. But being able to discuss pay without fear of retaliation is seen as an essential tool to combat discrimination and promote fairness in pay. As Justice Brandeis once said, sunlight is the best disinfectant and allows workers to learn that they are being discriminated against and do something about it.

But who is correct? Should employers be allowed to set policies that prohibit the discussion of pay in the workplace?  Or should employees be allowed to freely discuss what they are paid with each other?


Pay Secrecy vs. Pay Transparency

Discussing pay in the workplace is, actually, already protected by federal law.  There are carve-outs and exceptions but employees are generally protected from retaliation for discussing pay with their co-workers. It’s just that nobody knows about it. This article from NPR gives an explanation of the federal law that gives employees this right and how it works.

The federal law that establishes this protection, the National Labor Relations Act (NLRA), was designed to encourage collective bargaining, which necessitates that employees have the ability to get together and discuss the issues they face at work. But those who think we should be encouraging workplace pay transparency argue that the law does not have enough teeth. One glaring omission is that agricultural workers are not protected. Since many agricultural workers tend to be less educated than office employees they may deserve additional protection, not less.

Policies that try to prohibit employees from discussing their pay are widespread, both in hourly jobs and in salaried positions. According to the Institute For Women’s Policy Research, it is pretty clear that pay secrecy policies are widespread throughout the United States. Some of these are cultural prohibitions and some are in employee handbooks and other written policies. In the private sector, 62 percent of women and 60 percent of men work for a company with pay secrecy policies. For all workers, 51 percent of women and 47 percent of men report that discussion of pay is either discouraged or prohibited.

For an employer, pay secrecy can be an important tool for keeping peace in the workplace. The fear is that pay inequality, even when it is justified, could lead to jealousy between employees when made public. It also is in the employer’s best interest to keep the workplace stable; keeping pay rates secret may help to limit turnover because employees are less motivated to leave if they are not certain they are being underpaid. Secrecy also increases privacy for employees who may not want to discuss their salaries with other co-workers, as that may be something that they want to be kept personal. That is often because talking about money is considered socially taboo. Pay secrecy also lets employers compete for top talent by offering them a financial incentive. Employers might not want to offer their most green workers more money than their existing employees if salary information is publicly available.

Employers who want to be able to keep their pay secret would argue that the practical costs of revealing rates outweigh the potential benefits. It would be difficult to maintain cooperation in the workplace among employees, especially in situations where there was a wide disparity in what similarly situated employees made. Even if those differences were justifiable they would be so unpopular with the employees who received less compensation that it would cause dissension. It would also be difficult, if not impossible, to both publish pay rates for employees and be respectful of the privacy of those who may not want their personal salaries advertised to their co-workers. Finally, there is no proven cause-effect relationship between discrimination by race or sex and pay secrecy. Such discrimination does exist but it is not necessarily because of pay secrecy but rather other social factors at work. Disclosing pay rates would increase acrimony  between companies and their employees.


Case Study: Lilly Ledbetter 

New laws to increase the effect of penalties for violating the NLRA with “gag rules” that keep pay rates secret have many supporters. And laws such as the Paycheck Fairness Act, which was ultimately defeated, seek to go even further. There may be practical concerns with making pay more transparent, but it is ultimately necessary to combat discrimination based on both race and gender. Pay secrecy does not necessarily cause discrimination but it creates a culture in which it is allowed to flourish.

In her book “Grace and Grit: My Fight For Equal Pay and Fairness at Goodyear and Beyond” Lilly Ledbetter gives her account of how she was discriminated against on the basis of her sex. Had she not been discouraged from discussing pay with her fellow employees she would have discovered this injustice much sooner. The culture of maintaining silence was so powerful that she only discovered the discrimination through an anonymous note–despite the fact that both her employer’s insistence on that silence and how it compensated its employees were illegal. You can watch her discuss her experience on CSPAN-2 here.

In the video below Ledbetter discusses her Supreme Court battle over the same issue on the Rachel Maddow Show.

Her story indicates that people on both sides of the pay transparency debate are correct. When Ledbetter learned about her pay it greatly upset her, caused conflict with her employer, and ultimately led to litigation. That litigation was, however, necessary because learning about her pay in comparison to her colleagues revealed a pattern of discrimination. Had she learned about the difference in pay sooner she would have been able to confront the issue immediately. Litigation might actually have been avoided entirely if a transparent culture was in place at Goodyear from the start–she probably would not have accepted a position where she was paid 40 percent less than her similarly situated male colleagues. The company would not have been able to attract female workers and the market would have forced them to change their pay structure before a lawsuit did so. In the long run, transparency would have been more efficient.


Other Potential Benefits To Pay Transparency

Pay transparency may also positively impact morale, rather than destroy it as the conventional wisdom would suggest. When employees feel trusted to make decisions and weigh information intelligently they may be more likely to have a positive view of the company they work for. The main predictor of job satisfaction and whether an employee will seek to leave is based on their perception fairness. According to research done by Payscale, employees who think they are being paid less than they are worth (even in some cases where that is not true) may look to leave while employees who know they are being paid less but feel the reason is legitimate (such as the company being newly formed) are willing to stay. People also may be more eager to apply to work for companies that advertise pay transparency as a policy or core value. If companies want to retain and attract new talent, then keeping pay a secret may not be the best strategy.

Pay transparency would also require that employees take into account factors that justify disparities in pay as well as ensure that such disparities only exist for justifiable reasons. When pay rates are secret, employees may feel that they have something to hide or that the employees are not trusted to make reasoned judgments given the facts–both of which could have a negative impact on worker morale. But when companies make pay transparency their policy it may have an opposite effect–making workers feel like they work for a company that is not keeping secrets about their compensation and that the company values discussion in its culture.


Conclusion

There are benefits to the employer that pay secrecy provides. It can increase privacy and an absence of what many would find to be socially awkward, or even hostile, encounters in the workplace. Making pay rates transparent could lead to problems for employers who would have to change their cultures and deal with the economic and political consequences of sharing this knowledge.

But pay transparency has its benefits as well. Workers cannot hope to speak out against discrimination and fight for their right to equal pay if they are barred from even finding out if they are being wronged in the first place. Pay secrecy effectively keeps them from finding out and, therefore, prevents them from ever being able to do something about it. And to a certain extent, pay secrecy is already against the law in many cases, as most employers are not allowed to discourage or punish open discussion of wages.

Pay secrecy versus pay transparency is ultimately a cost-benefit analysis between the interests of capital and labor. Companies must figure out whether the stability and workplace harmony that pay secrecy can provide is more important than the opportunity for an open dialogue to shine a light on potentially discriminatory practices.


Resources

Primary

National Labor Relations Board: National Labor Relations Act

Additional

Institute For Women’s Policy Research: Pay Secrecy and Wage Discrimination

Psychology Today: Pay Secrecy: Do You Want To Know What Your Colleagues Are Paid?

National Bureau of Economic Research: Pay Inequality, Pay Secrecy, and Effort: Theory and Evidence

The Atlantic: When The Boss Says, ‘Don’t Tell Your Coworkers How Much You Get Paid

Goodreads: Grace and Grit: My Fight For Equal Pay and Fairness At Goodyear and Beyond

Fortune: How Pay Transparency Can Keep People From Quitting

Quartz: After Disclosing Employee Salaries, Buffer Was Inundated With Resumes

Mary Kate Leahy
Mary Kate Leahy (@marykate_leahy) has a J.D. from William and Mary and a Bachelor’s in Political Science from Manhattanville College. She is also a proud graduate of Woodlands Academy of the Sacred Heart. She enjoys spending her time with her kuvasz, Finn, and tackling a never-ending list of projects. Contact Mary Kate at staff@LawStreetMedia.com

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California Workers’ Compensation: A Flawed System? https://legacy.lawstreetmedia.com/issues/business-and-economics/state-californias-workers-compensation-program/ https://legacy.lawstreetmedia.com/issues/business-and-economics/state-californias-workers-compensation-program/#comments Tue, 10 Mar 2015 21:06:06 +0000 http://lawstreetmedia.wpengine.com/?p=35728

The workers compensation system receives a lot of bad press, particularly in California over gender bias.

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Cafe Waitress" courtesy of [daliscar1 via Flickr]

The workers’ compensation system around the nation has been complicated for decades. Particularly in California, a measure from the early 2000s is now coming to light as more and more women are trying to get workers’ compensation. There’s a battle raging over whether or not there’s an inherent gender bias in the handling of workers’ compensation claims in California; the concern is that women who try to get workers’ compensation are “penalized” for gender-related conditions like pregnancies and menopause. Read on to learn about the gender bias in worker compensations claims in California, what’s being done, and a look at the discussions happening in other states.


What is workers’ compensation?

Workers’ compensation is a form of insurance provided in the workplace that can consist of wage replacements and medical benefits for employees who were injured while working. Usually by accepting these funds, employees acknowledge that they will not sue their employers for negligence. Workers who are permanently disabled while on the job receive compensation from insurers based on a calculation of the level of disability and what portion of the injury is linked to their jobs. Insurers may also weigh the worker’s previous health conditions or prior injuries. In California specifically, the process is overseen by the Division of Workers’ Compensation which:

Monitors the administration of workers’ compensation claims, and provides administrative and judicial services to assist in resolving disputes that arise in connection with claims for workers’ compensation benefits.

DWC’s mission is to minimize the adverse impact of work-related injuries on California employees and employers.


State of Workers’ Compensation

If you were to look at the statistics, it looks like fewer and fewer people nationwide are getting hurt at work, though that isn’t exactly the case.

A report came out recently about how the system is reporting very low numbers. The real reason? Changing the circumstances for what qualifies as a workplace injury, and the simple dissolution of programs that pay for such accidents. According to the Washington Post, the number of people injured at work is probably twice what is reported because people fear losing their jobs. Or people, like those in the construction industry, are misclassified as independent contractors.

The Washington Post recently discussed the national state of workers’ compensation problems, saying:

Since 2003, the investigation found, 33 states have weakened their workers’ compensation regulations, scaling back the procedures that will be covered and the duration for which benefits are offered. In addition, while businesses often push for reforms on the grounds that workers’ compensation costs are out of control, data shows that premiums are lower than they’ve been at any point since the early 1990s.


California’s Belabored Workers’ Compensation Program

Workers’ compensation programs have received complaints that they are inherently flawed throughout the United States. Lately the debate has been particularly focused in California. Complaints come from the fact that outside medical reviewers look at the cases and after brief exams or only by reading the medical records can deny recommended treatments or rule that injuries aren’t work-related.

Reform Under Governor Schwarenegger 

Some problems with the California system can be traced back to a bill that reformed the program, which was signed in 2004 by then-Governor Arnold Schwarzenegger. It changed what types of injuries qualified under the program, how long certain employees would receive coverage after being injured, and required the injured employees to choose from a specific pool of independent doctors. At the time, Schwarzenegger said:

This bill completes a process that brought together Republicans and Democrats, business and labor, and all the affected parties to produce billions of dollars in savings, protect workers, and root out fraud and waste in the system. No longer will workers’ compensation be the poison of our economy. Our message to the rest of the country and the world is that California is open for business. We are making our state once again a powerful, job-creating machine.

At that time, California employers were paying the highest workers’ comp rates in the nation: $6.33 for every $100 in payroll, compared to a national average of $2.46.

Although the bill was supposed to save Californians money, there were some problems with it. The new bill made it more difficult for workers to get in to see doctors and left them waiting for months without any answers to their problems.

Reform Under Governor Brown 

In 2012, Governor Jerry Brown put some of the power back in the hands of the state, deciding that disputes should be handled by independent medical reviewers whose decisions cannot be overturned. The law was a bit quirky, as this didn’t just apply to the new cases, but also retroactively to past requests, and it impacted everything from already-scheduled doctor’s visits to prescription refills. In some cases, treatments were stopped in the middle with little more than an official notice.

This new system also has problems, however, as in recent years reviewers have denied treatment in up to 91 percent of the cases. People who were receiving treatment for years suddenly found themselves left out in the cold, and many had to return to work to continue to pay for the medication they needed.

Christine Baker, who oversees workers’ compensation in California, has stated that the reform is “speeding up the decision making process” and taking the aid away from people who are using it for prescription abuse.

Many of the judges, including John C. Gutierrez, a workers’ comp jurist since the 1980s, are some of the biggest adversaries of the law. According to Gutierrez, “the only interest that’s being protected here is industry and I feel that their financial influence has had an impact on how this legislation came out.” He went on to say that he felt like workers “are losing their voice.”

This is a problem in the state regardless of gender, but when it comes to comparing women and men, there is an even bigger problem looming.


Gender Bias in Workers’ Comp Rulings

California Assemblywoman Lorena Gonzalez introduced a bill (AB305) on March 4, 2015 that aims to eliminate the gender bias in workers’ compensation rulings.

This comes after a Bay Area woman who suffers from Carpal Tunnel Syndrome, which damages the nerves in the hands and often limits movement, was denied workers’ compensation for a strange reason: she was postmenopausal, which meant that she was predisposed to nerve damage. 

The woman enacted the help of attorney Sue Borg who says that she sees many cases where a woman who is injured on the job and files a claim for compensation is “penalized” for things like pregnancies and menopause. “It seems like it should be obvious that we shouldn’t see this, but it happens in insidious ways all the time,” Borg said.

Gonzalez aims to ensure that being female does not constitute a preexisting condition, and hopes to stop the reduction of compensation for female workers based on pregnancies, breast cancer, menopause, osteoporosis, and sexual harassment. All of this discrimination is happening, even though there are laws against gender discrimination in the workplace.

Breast Cancer

One of the biggest problems facing women seeking workers’ compensation is breast cancer. There have been numerous reports of how breast cancer is treated among firefighters and police officers. According to the Corporate Counsel:

Gutierrez reports that the bill’s supporters claim gender bias in workers’ compensation is a big issue, and one that is “especially evident in the way breast cancer is treated among firefighters and police officers.” For instance, female police officers who have to undergo double mastectomies for breast cancer linked to hazardous materials on the job are considered 0 to 5 percent disabled, Gutierrez reports, whereas a male officer with prostate cancer is considered 16 percent disabled and would be paid for the injury.

One such case involves a San Francisco firefighter who was denied permanent disability after having to undergo a double mastectomy, as well as an Orange County hotel housekeeper who was injured on the job but only received two percent payment on her claim–despite doctors putting her disability level at 100 percent–due to prior conditions “related to childbirth, obesity, age and naturally occurring events.”

Pregnancy

Pregnancy has always been a fairly controversial issue when it comes to the workplace, but many women are now being denied workers’ compensation due to it, or facing claims that it is the “cause” of the problem. Things like back pain, muscle strain, and injuries caused by fatigue have all been attributed to pregnancy and not the workplace. “I’ve had a child, and if now being a mother is a pre-existing condition in California, I find that unacceptable,” said Christine Pelosi, chair of the California Democratic Party’s women’s caucus.

State Fires Back

The claims were immediately disparaged by the Workers’ Compensation Action Network, which said that payment decisions were never a result of discrimination. According to the Sacramento Business Journal: “A spokesman from Industrial Relations could not immediately produce data on gender-related bias or discrimination, but the agency will look into the matter and respond with its findings.”


Conclusion

The nation, and particularly California, has a lot of work to do in the coming months to try to look at reports and see if there is a problem. If there is, it could mean an inundation of old cases that may be able to be retried, meaning companies could owe a lot of money to women all over the state.

Surely California is only the beginning and more and more states, as well as the federal government, will have to look at their workers’ compensation laws and see if there are problems lurking in them. In the end, the people who don’t get covered by workers’ compensation won’t always work through their pain; many will end up on government subsidies, which means that the tax payers will have to cover the costs.


Resources

Primary

Department of Industrial Relations: Division of Worker’s Compensation California

Department of Industrial Relations: A Guidebook for Injured Workers

Additional

Corporate Counsel: Charges of Gender Bias in Workers’ Compensation

NPR: Injured Workers Suffer as ‘Reforms’ Limit Workers’ Compensation Benefits

Heartland Institute: Schwarzenegger Signs Workers Comp Reform

The New York Times: A Racy Silicon Valley Lawsuit and More Subtle Questions About Sex Discrimination

SF Gate: Gender Bias Rampant in Workers’ Comp Cases, Women’s Groups Charge

ProPublica: The Demolition of Workers’ Comp

NPR: As Workers’ Comp Varies From State to State, Workers Pay the Price

Property Casualty 360: California Workers’ Comp Bill Passes Legislature; Insurer Groups Cautious

BradBlog: Schwarzenegger’s Workers’ Comp ‘Reform’ Killed My Client

Noel Diem
Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

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ICYMI: Best of the Week https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week/ https://legacy.lawstreetmedia.com/news/icymi-best-of-the-week/#comments Mon, 06 Oct 2014 16:14:55 +0000 http://lawstreetmedia.wpengine.com/?p=26209

From the faux outrage over President Obama's "latte salute," to every worker's fantasy coming true in Germany with a possible ban on after-hours work emails, to people getting arrested for buying cold meds -- for an actual cold -- there was a ton of interesting news last week. In case you missed it, here are Law Street's top three stories from last week.

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From the faux outrage over President Obama’s “latte salute,” to every worker’s fantasy coming true in Germany with a possible ban on after-hours work emails, to people getting arrested for buying cold meds — for an actual cold — there was a ton of interesting news last week. ICYMI, here are Law Street’s top three stories from last week.

#1 The “Latte Salute” is a Latte of Crap

Earlier this week President of the United States Barack Obama made a fatal error. He drank a cup of coffee and saluted our troops…with the same hand. This incited media coverage somewhere on par with a natural disaster, or maybe an assassination attempt. In fact, some members of the media covered what has now been dubbed the “latte salute” scandal as though it actually was an assassination — namely the assassination of American patriotism. (Read full article here.)

#2 Germany Considers Bans on After Hours Work Emails

I’m sort of a walking stereotype. I have my phone in my hand at all times, I sleep with it in my bed even though I know that’s bad, and I’m constantly checking my texts, social media, and email. And that’s never really bothered me — it seems normal to me. I am used to being accessible essentially 24/7. I think that’s a norm that a lot of us Americans have gotten used to, and I doubt that that’s going to change, but apparently some of our European friends have started rejecting the concept of 24/7 connectivity. (Read full article here.)

#3 Careful When Buying Water and Cold Meds, You Might Just Get Arrested

Every time I see a law enforcement officer in public — mall cop, fashion police, regular 5-0 — I have the irrational fear that they are out to get me. (This is especially true of the fashion police, but my fear of them might not be that irrational as anyone who has seen my clothing choices could attest.) I’m never doing anything I’m not supposed to be doing (or at the very least, I’m never doing anything I’m going to admit to you), but that doesn’t matter: I am sure I am about to be thrown in handcuffs and taken downtown. Little did I know, instead of fearing this, I should have been hoping for it. Just ask Elizabeth Daly or Mickey Lynn Goodson. (Read full article here.)

Chelsey D. Goff
Chelsey D. Goff was formerly Chief People Officer at Law Street. She is a Granite State Native who holds a Master of Public Policy in Urban Policy from the George Washington University. She’s passionate about social justice issues, politics — especially those in First in the Nation New Hampshire — and all things Bravo. Contact Chelsey at staff@LawStreetMedia.com.

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Germany Considers Ban on After Hours Work Emails https://legacy.lawstreetmedia.com/news/germany-considers-ban-after-hours-work-emails/ https://legacy.lawstreetmedia.com/news/germany-considers-ban-after-hours-work-emails/#respond Tue, 30 Sep 2014 15:26:27 +0000 http://lawstreetmedia.wpengine.com/?p=25871

I'm sort of a walking stereotype. I have my phone in my hand at all times, I sleep with it in my bed even though I know that's bad, and I'm constantly checking my texts, social media, and email. And that's never really bothered me -- it seems normal to me. I am used to being accessible essentially 24/7. I think that's a norm that a lot of us Americans have gotten used to, and I doubt that that's going to change, but apparently some of our European friends have started rejecting the concept of 24/7 connectivity.auth

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I’m sort of a walking stereotype. I have my phone in my hand at all times, I sleep with it in my bed even though I know that’s bad, and I’m constantly checking my texts, social media, and email. And that’s never really bothered me — it seems normal to me. I am used to being accessible essentially 24/7. I think that’s a norm that a lot of us Americans have gotten used to, and I doubt that that’s going to change, but apparently some of our European friends have started rejecting the concept of 24/7 connectivity.

Germany is considering a law to ban work-related emails after hours. The potential legislation is being pushed by labor unions, and recently the German Labor Minister Andrea Nahles ordered a study to look into the negative effects of work-related stress. While that study isn’t done yet, and legislation won’t even be proposed until those findings are released, Nahles stated,

There is an undeniable relationship between constant availability and the increase of mental illness. We have commissioned the Federal Institute for Occupational Safety and Health to work out whether it is possible to set load thresholds. We need universal and legally binding criteria.

Germany actually isn’t the first country to consider a late-night work email ban. Earlier this spring there were rumors that France had passed a similar law. France’s restrictions on work are actually very interesting already. Most workers are limited to a 35-hour work week. There’s actually no law restricting work emails after business hours, but there was an agreement signed earlier this year with some unions and employers agreeing to not contact employees outside of work hours.

So, if Germany and France are considering these email restrictions, will something similar ever make it to the U.S.? Nah, probably not.

A lot of it has to do with German and French culture in comparison to American. For many, the dominating idea in the United States is that the more you work, the more productive you are. Often employees who stay late are viewed as going the extra mile, while those who rush out the door at 5:00 are not as valued. But what a lot of people forget is that more work doesn’t necessarily mean more productivity.

The culture in nations like Germany and France is different though. In those countries, needing to stay after to finish your work creates the impression that you’re not productive enough during the day to finish your work in the time allotted. Thomas C. Kohler, a German legal expert explained, saying:

With Germans, while they’re at work, they only work — you’ll rarely hear a radio in the background. They consider it a sign of inefficiency if you cannot complete a day’s work in that day. So if you’re staying late at the office, it would often be regarded as a sign of your inability to get the work done.

So while some of our peer nations have shorter work weeks and are now moving toward no work emails after hours, I doubt it’s going to happen in the United States anytime soon. It would require too big of a cultural shift, and we Americans are just a little too attached to our smartphones.

Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

Featured image courtesy of [Shreyans Bhansali via Flickr]

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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You Actually Have to Work for Food Stamps in Maine https://legacy.lawstreetmedia.com/blogs/culture-blog/actually-work-for-food-stamps-maine/ https://legacy.lawstreetmedia.com/blogs/culture-blog/actually-work-for-food-stamps-maine/#comments Wed, 30 Jul 2014 10:29:03 +0000 http://lawstreetmedia.wpengine.com/?p=22007

I like to keep an open mind about our government and how different states run differently, but there are some things that I feel like would make more sense if every state did them the same way. Maine's Governor, Paul LePage (R), has reinstated a policy that would make people have to work for food stamps. No more sitting around on your ass waiting for that welfare check to come in, nope, you have to actually work for the money.

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Hey y’all!

I like to keep an open mind about our government and how different states run differently, but there are some things that I feel like would make more sense if every state did them the same way. Maine’s Governor, Paul LePage (R), has reinstated a policy that would make people have to work for food stamps. No more sitting around on your ass waiting for that welfare check to come in, nope, you have to actually work for the money.

“People who are in need deserve a hand up, but we should not be giving able-bodied individuals a handout,” LePage said in a statement. “We must continue to do all that we can to eliminate generational poverty and get people back to work. We must protect our limited resources for those who are truly in need and who are doing all they can to be self-sufficient.”

I think that this is one of the greatest ideas ever, but I also wonder why they have to reinstate such an idea, and why aren’t other states doing the same thing? Wasn’t the original idea of food stamps and welfare just to help people who are down on their luck and trying to find a job? When did we allow welfare to become a way of life? In fact, when did we start allowing people on welfare to become lazy and just accept a handout without having to work for it? I can’t say  that I remember a time when everyone understood the value of a dollar and what a good work ethic is because I’ve never lived in a time where that held true, but I know that at one point in this country our citizens knew what they had to do in order to get by. Nowadays you can pop out a couple of kids, get on welfare, and just sit around waiting for that money to be deposited in your account. You don’t have to actively look for a job, volunteer, or commit to attend a workforce program. You can just say you need the money and the government will hand it on over, the more kids you have the more money you get.

I am no stranger to the ways in which some people have found to manipulate the system. I’ve heard stories of people who will get on food stamps or welfare, take the government’s money, and buy themselves a brand new iPhone or a new pair of Jordans or any other material thing that you don’t need when you are living off of welfare. Do you know where that “government money” is coming from? That money is coming from my pocket. That money is coming from the guy who works a 50-hour work week on minimum wage trying to make ends meet because he understands what hard work and supporting his family are really all about.

Do people not realize that when it comes from the government it’s actually coming from the people!? That’s why we pay taxes, so our government can supplement the many things that we need as a nation, and part of that goes to supporting those who are on welfare. If you are an able-bodied person who can work and is on welfare then there should be a stipulation that says you have to be doing something rather than sitting at home watching Real Housewives of New Jersey or hanging out with your friends. Why not volunteer or participate in a skills training program? Be an active member of society, be a part of your community in a positive way, and teach your kids that a handout is something to be ashamed of. Teach your kids good work ethic and respect for our government.

Under Maine’s new policy people capable of working would be limited to three months of food stamp benefits over a three-year period unless they work a minimum of 20 hours a week, volunteer a certain number of hours for a community agency, or participate in a state skills-training program. This was the point of welfare: to help you out until you can get back on your feet and support yourself and your own family again. Reinstating this policy is something that all states should think about doing (if they aren’t already)!

Way to go Governor LePage and good luck to the people of Maine!

Allison Dawson (@AllyD528) Born in Germany, raised in Mississippi and Texas. Graduate of Texas Tech University and Arizona State University. Currently dedicating her life to studying for the LSAT. Twitter junkie. Conservative.

Featured image courtesy of [Steve Hopson via Flickr]

Allison Dawson
Allison Dawson was born in Germany and raised in Mississippi and Texas. A graduate of Texas Tech University and Arizona State University, she’s currently dedicating her life to studying for the LSAT. Twitter junkie. Conservative. Get in touch with Allison at staff@LawStreetMedia.com.

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These Pounds Aren’t Loyal https://legacy.lawstreetmedia.com/blogs/culture-blog/these-pounds-arent-loyal/ https://legacy.lawstreetmedia.com/blogs/culture-blog/these-pounds-arent-loyal/#comments Wed, 23 Apr 2014 20:38:18 +0000 http://lawstreetmedia.wpengine.com/?p=14444

In trying to impress at my job, I’ve noticed a shift in priorities. Gone are the days where I have time to do back-to-back classes at my gym and then go for a run. Instead, I spend much of my free time thinking about work or working. #worklifebalance I still try to eat healthily, but the reality […]

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In trying to impress at my job, I’ve noticed a shift in priorities. Gone are the days where I have time to do back-to-back classes at my gym and then go for a run. Instead, I spend much of my free time thinking about work or working. #worklifebalance

I still try to eat healthily, but the reality is that when I’m stressed out I become a garbage disposal. It’s not pretty and I’m not proud of it. For years, I’ve relied on my metabolism to get me through these binges. At the ripe age of 27 (almost 28…sheesh), my body is rebelling. My body is a traitor.

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The treasonous activity started about two weeks ago, when I walked into my apartment from work. There are lots of mirrors in my place (I’m vain), and as I passed one in the entryway to my bedroom I peripherally noticed that my stomach entered the room before I did.

Okay, so maybe I’ve been “too busy” to go to the gym.  Maybe I’ve discovered a delicious pizza place that delivers to my apartment.  Maybe I thought calories, much like the moon landing, were fictitious.*

Whatever the case, I am getting perilously close to chunky town, and I have worked too hard to go back! Correct: I’ve forgotten where I came from!

I’ve started a new regimen though, so salvation isn’t too far (hopefully).  Once I came to terms with my fledgling obesity, I decided to make Michelle Obama proud and get fit!

I’m back to working out before work, which means waking up before the sun rises. Ugh. I’ve also started a meal delivery plan, which I plan to use for the next three to four months. Double ugh (Yes I recognize that these steps are extreme, but I’m the #ManInMiami, there is pressure here!).

I guess the moral of this story is the pursuit of greatness at work has tipped the work-life balance scales, which resulted in a ten-pound weight gain and the unfortunate protrusion of my stomach.

Please note that I’m going to be a very unhappy camper for the next few months. Why, you ask?

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*the moon landing is totally real!

Peter Davidson is a recent graduate of law school who rants about news & politics and raves over the ups & downs of FUNemployment in the current legal economy. Tweet him @PeterDavidsonII

Featured image courtesy of  [Alan Cleaver via Wikipedia]; As always, .gifs from RealityTVgifs

Peter Davidson II
Peter Davidson is a recent law school graduate who rants about news & politics and raves over the ups & downs of FUNemployment in the current legal economy. Contact Peter at staff@LawStreetMedia.com.

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Score a Summer Internship in DC with Law Street https://legacy.lawstreetmedia.com/blogs/the-jobs-blog/score-a-summer-internship-in-dc-with-law-street/ https://legacy.lawstreetmedia.com/blogs/the-jobs-blog/score-a-summer-internship-in-dc-with-law-street/#comments Mon, 24 Mar 2014 19:08:46 +0000 http://lawstreetmedia.wpengine.com/?p=13222

Law Street is looking for the best and brightest college talent to join us in DC for our paid summer internship program. Opportunities are available to highly motivated students with excellent writing and research skills who are creative, plugged in to social media, and have a deep interest in the law and policy. Click below […]

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Law Street is looking for the best and brightest college talent to join us in DC for our paid summer internship program. Opportunities are available to highly motivated students with excellent writing and research skills who are creative, plugged in to social media, and have a deep interest in the law and policy. Click below for details on each program.

Crime in America Summer Internships

Issue Briefs Summer Internships

Law School & Firm Rankings Summer Internships

Become a part of this high-growth startup while spending your summer in DC — at the heart of legal and policy action. Apply now and don’t miss out on your chance to get published and build your professional portfolio.

Questions? Email Chelsey Goff.

Chelsey D. Goff
Chelsey D. Goff was formerly Chief People Officer at Law Street. She is a Granite State Native who holds a Master of Public Policy in Urban Policy from the George Washington University. She’s passionate about social justice issues, politics — especially those in First in the Nation New Hampshire — and all things Bravo. Contact Chelsey at staff@LawStreetMedia.com.

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But This Lawyer is le Tired https://legacy.lawstreetmedia.com/blogs/culture-blog/but-this-lawyer-is-le-tired/ https://legacy.lawstreetmedia.com/blogs/culture-blog/but-this-lawyer-is-le-tired/#comments Tue, 18 Mar 2014 14:38:39 +0000 http://lawstreetmedia.wpengine.com/?p=13315

I’ve been gone for a minute, now I’m back with the jump off. Where have I been? I’ve been MIA in MIA for a couple of weeks now, which I’m sure has been devastating for some readers…right? (Editor’s note: YES!) My job has been crazy recently! By crazy, I mean 12-hour days and weekends. It’s […]

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I’ve been gone for a minute, now I’m back with the jump off.

Where have I been?

I’ve been MIA in MIA for a couple of weeks now, which I’m sure has been devastating for some readers…right? (Editor’s note: YES!)

My job has been crazy recently! By crazy, I mean 12-hour days and weekends. It’s a lot of work, but I actually still like what I’m doing (which is a good thing). Besides, I’ve complained enough about being fun-employed; I can’t start complaining about actually having a job — then I’d sound like a bratty millennial.

This is why we all went to law school, right?  I mean, we were warned that these days would come: early mornings, long nights, busy weekends, and frequent cancellations of previously made plans.

All of this work can be overwhelming. Last Monday night I was driving home from work and called one of my friends. Rihanna* (not her real name) is a second-year associate at a big law firm in New York. Rihanna makes tons of money and works all of the time. Our conversation went something like this:

Me: “Hey, how are you? How’s work? I’m headed home after 14 hours and am so exhausted!”

Rihanna: “I’m good, just busy. I turned in three memos today and got assignments for five more. It never stops!”

Me: “I know! I mean, I’m not complaining, I like my job, but…I miss sitting on my couch doing nothing. It never happens anymore!”

Rihanna: “Correct. It won’t happen for a few more months, either. Just get used to it; you’re the newest person at your job now, but you won’t always be at the bottom. Soon you’ll be delegating your crappy work to someone else. Until then, take your vitamins and try and create some semblance of a routine.”

This was some good advice, and I’m trying my hardest to follow it exactly. I wake up obscenely early to get to the gym and eat breakfast, which usually results in (i) extra energy, and (ii) increased productivity. Jealous?

I’m now fully realizing the major lesson of law school: getting as much out of your body and brain while giving it as little rest and relaxation as possible. The delicate imbalance of physical activity (working) and mental breaks (sleeping) is perfected during the 3-4 years of law school, and by the time we’re done taking the bar we really have it down pat.

I know it won’t always be like this, and in a couple of weeks I’ll get back to sleeping 8-ish hours a night. Until then, I’ll maintain an unhealthy daily intake of caffeine (green tea!) and perhaps invest in some stay-awake pills. It worked for Jessie Spano, right?

But seriously…I’m tired.

Peter Davidson is a recent graduate of law school who rants about news & politics and raves over the ups & downs of FUNemployment in the current legal economy. Tweet him @PeterDavidsonII.

Featured image courtesy of David Goehring via Flickr

.gifs courtesy of RealityTVgifs

Peter Davidson II
Peter Davidson is a recent law school graduate who rants about news & politics and raves over the ups & downs of FUNemployment in the current legal economy. Contact Peter at staff@LawStreetMedia.com.

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