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description= 10 posts published by David Yamada during March 2013;
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ead and heard opposition to the adoption of laws that address bullying in work or school settings on the ground that such measures demonize those accused of engaging in bullying behaviors i can t speak for all current and proposed anti bullying laws however as the author of the healthy workplace bill which serves as the primary template for workplace anti bullying legislation across the country i certainly can address whether that criticism fairly applies to this particular proposal the healthy workplace bill provides targets of severe workplace bullying a legal claim for damages and creates liability reducing incentives for employers to take preventive and responsive measures toward this form of mistreatment it allows claims to be brought against both employers and offending co employees prevention not demonization prevention is the most important public policy objective for any workplace bullying law the hwb achieves this by significantly reducing liability exposure for employers that pro actively prevent workplace bullying and respond promptly and fairly to claims of workplace bullying the hwb doesn t even mention the terms bullying or bully in its key language rather it uses the term abusive work environment to define the conditions that lead to liability damages the hwb allows for a full range of potential damages to be awarded to individuals who can prove their claims including punitive damages for especially egregious behavior so yes it is possible that an individual aggressor could be found liable under the hwb however it is more likely that employers rather than individual aggressors would pay the bulk of those damages put simply most plaintiffs employment lawyers know that unless liability can be imposed upon the employer the likelihood of recovering damages is slim change of heart in my earliest writings about this topic i suggested that punishment should be among the public policy goals of any workplace bullying law i ve softened on that point since then i fully understand the emotions that cause some targets of workplace bullying to desire retribution and while i do believe that compensation is a just goal for the healthy workplace bill the objectives of revenge and punishment seem less appropriate to fuel legislation designed ultimately to affirm human dignity that said holding someone accountable for engaging in proven targeted health harming interpersonal abuse is not demonization we must be careful not to overuse the term lest we become resistant toward all notions of personal responsibility for severe intentional mistreatment of another share this print opens in new window print share on facebook opens in new window facebook share on linkedin opens in new window linkedin share on x opens in new window x email a link to a friend opens in new window email like loading working notes a busy friday discussing workers and workplaces march 23 2013 by david yamada in education and learning employment and labor law health care internships massachusetts workplace bullying info workplace bullying mobbing and abuse tags education and learning employment and labor law health care internships massachusetts workplace bullying info workplace bullying mobbing and abuse leave a comment l to r dy rep kay khan rep ellen story yesterday served as a welcomed reminder that healthy dialogue can play an important role toward advancing the interests of workers and workplaces i was fortunate to participate in two excellent events and i d like to share a bit about each marn legislative forum i spent the morning at the massachusetts association of registered nurses 2013 health policy legislative forum held in the great hall of the state house there i joined representatives ellen story a lead sponsor of the hwb house bill no 1766 and kay khan a hwb co sponsor and psychiatric nurse for presentations and q a about workplace bullying in healthcare and the importance of supporting anti bullying legislation marn is one of the organizational endorsers of the hwb the discussion was both practical and policy oriented we talked about the challenges of dealing with bullying behaviors in the healthcare workplace as well as the role that associations like marn can play in advancing the healthy workplace bill it s an honor to present with two elected officials who truly get it when it comes to how public policy can promote human dignity in the workplace the three of us were pleased to be there as the photo above grabbed shamelessly from rep story s facebook page indicates northeastern university conference employed or just working for the afternoon i hopped on the subway to a conference sponsored by the northeastern university law journal employed or just working rethinking employment relationships in the global economy which focused on the changing definitions of employee status and their impact on workers and organizations i gave a talk on the intern economy and detailed the emerging legal and social movement against the widespread practice of unpaid interns explaining how this practice excludes individuals who cannot afford to work for free and likely violates minimum wage laws i will be submitting an article on this topic to the journal later this year updating my 2002 connecticut law review article on the legal rights of interns you may download the 2002 piece without charge here several panels focused on the common practice of employers misclassifying workers as independent contractors that in turn allow them to avoid paying wages overtime and benefits some of these practices are egregious as lawyers who litigate these claims explained to us we also heard from attorneys representing employers and they provided an important perspective on the challenges of engaging in good faith compliance efforts with laws that define employee in significantly different ways a compelling panel featured advocates and scholars who are examining the difficulties confronting domestic workers such as home health care attendants who are trying to obtain decent wages and benefits these issues aren t going away as our population ages and the demand for affordable in home care increases thanks and kudos thank you to both marn and northeastern for these opportunities to share information and ideas and to engage in discussions with people who care about the quality of our work lives and congratulations for putting on very successful events involving multiple speakers i hope that others who attended and participated benefited as much as i did share this print opens in new window print share on facebook opens in new window facebook share on linkedin opens in new window linkedin share on x opens in new window x email a link to a friend opens in new window email like loading recycling working in the non profit sector march 18 2013 by david yamada in non profit sector recycling tags non profit sector leave a comment i ve spent most of my career associated with various non profit organizations and those experiences have taught me a lot about work life in this sector here s a collection of posts especially relevant to working for non profits 1 non profits if you need a committee to obsess over your mission statement you may not have a real mission july 2012 any decent non profit organization should know its mission without convening a committee to define it 2 one way feedback in house employee surveys and the illusion of open decision making july 2012 here s the giveaway you fill out the survey they keep the raw results to themselves 3 when survival is at stake we need grounded leaders july 2012 this is especially the case when non profits are facing limited resources and tight budgets 4 burnout in the non profit sector february 2012 a frequent occupational hazard 5 should i stay or should i go career insights from seth godin and the clash september 2011 a dilemma for those devoted to their work but suffering in their organizations 6 when the bullying comes from a board member august 2011 this is a neglected topic that cries out for more research 7 strategic planning all too often a time sucking bridge to nowhere july 2011 how many gazillions of hours have non profits thrown away on strategic plans that are either hopelessly vague or after the fact validations of decisions already made 8 how s this for an epitaph she lived a balanced life june 2011 some work life balance thoughts a frequent issue for those dedicated to their causes 9 workplace bullying in the non profit sector january 2011 if you ve been around non profits long enough you know that bullying behaviors aren t limited to the big bad corporations 10 is your workplace psychologically and ethically healthy july 2010 surprisingly perhaps these questions sometimes are overlooked in non profit work settings share this print opens in new window print share on facebook opens in new window facebook share on linkedin opens in new window linkedin share on x opens in new window x email a link to a friend opens in new window email like loading america s economic meltdown continues for millions articles worth reading march 14 2013 by david yamada in economics education and learning labor market lifespan issues personal finances plutocracy politics poverty public health retirement tags economics education and learning labor market lifespan issues personal finances plutocracy politics poverty public health retirement 2 comments the human costs of our ongoing economic crisis continue to mount if your primary impressions of the economy are shaped by the rise in the dow jones average you might be wondering what i m talking about but for countless millions of others who are more concerned with the challenges of paying their bills feeding their kids saving for the future and finding work crisis remains an apt way to describe this economy i ve collected a number of articles and blog posts that help us to connect the disturbing dots bob s cousin bob rosner blogging for workplace fairness weekly writes about broken hearts unemployment s devastating impact last week my cousin died of a heart attack after working continuously for the first two thirds of his career recently he d bounced from short term jobs to stretches of unemployment this cycle is tough enough on someone just starting out a career but for someone in their early 60 s it can literally be a heartbreaker read what he has to say about maintaining hope through the 4 ps perspective pride pals and possibilities profits over people by a longshot but hold on it s not as if our economy remains in complete meltdown mode nope that just applies to the vast millions who are struggling to make ends meet and to secure decent work derek thompson business writer for the atlantic sums up the situation in meaty blog post here are two things that are true about the economy today 1 the dow jones industrial average is poised to set a new record as corporate profits stretch to all time highs 2 there are still fewer working americans today than there were before the start of the great recession he goes on to explain when the economy crashes we all crash together corporate profits employment and growth but when the economy recovers we don t recover together corporations rack up historic profits thanks to strong global demand cheap global labor and low interest rates while american workers muddle along their significance to these companies greatly diminished by a worldwide market for goods and people the forgotten although the official unemployment rate continues to improve very slowly overlooked in those figures are the millions who are no longer included in the counts annalyn kurtz reports for cnn com an often overlooked number calculated by the labor department shows millions of americans want a job but haven t searched for one in at least a year they ve simply given up hope these hopelessly unemployed workers have just been jobless so long they ve fallen off the main government measures altogether five years ago before the recession began about 2 5 million people said they wanted a job but hadn t searched for one in at least a year now that number is around 3 25 million the future of retirement as i ve written frequently here the demise of retirement as a normal lifespan experience may be one of the longer term effects of our economic condition steven greenhouse labor reporter for the new york times offers a thorough look at the future of retirement in the u s while retirement has assumed myriad forms across the country many economists and other experts on retirement see some common increasingly worrisome trends a growing number of workers are convinced they will not have a comfortable retirement a boston college study in october found that 53 percent of americans were at risk of being unable to maintain their pre retirement standard of living once they retire up from 30 percent in 1989 a study last may by the employee benefit research institute found that 44 percent may not have enough money to meet their basic needs in retirement burdening next generations as the cost of a college education continues to climb student loan debt rises with it martha c white reports for time on the economic repercussions of massive student loan debt the broader economic implications are troubling graduates struggling to dig out from a mountain of student debt also tend to put off getting married buying homes and having kids and since a bigger chunk of their income will go towards servicing the mortgages or car loans they are able to obtain at higher rates they ll have less spending power when they do eventually buy big ticket items like homes and cars and that s not even addressing the psychological impact of mountainous debt and reduced hopes cryn johannsen of the economic hardship reporting project writes about the spectre of suicide in connection with student debt suicide is the dark side of the student lending crisis and despite all the media attention to the issue of student loans it s been severely under reported i can t ignore it though because i m an advocate for people who are struggling to pay their student loans and i ve been receiving suicidal comments for over two years and occasionally hearing reports of actual suicides inequality more stress and illness america s wealth gap is widening despite the supposed economic recovery reports rick newman for u s news world report the problem however is that the recession raised the bar for success while leaving fewer haves and more have nots america as a whole may be just as wealthy as it used to be but the wealth is being shared by a smaller slice of the population and that rearrangement may end up being permanent in this piece for billmoyers com theresa riley interviews epidemiologist richard wilkinson an authority on the destructive public health consequences of societal inequality the pattern we ve found in our research is quite extraordinarily clear more unequal countries the ones with the bigger income differences between rich and poor hav...
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