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description=10 posts published by David Yamada during February 2012;

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share, this, for, and, the, workplace, law, new, you, minding, archives, february, 2012, questions, til, drop, to, as, blog, recent, monthly, elizabeth, gingerich, business, professor, editor, journal, of, values, based, leadership, raising, workers, health, insurance, payments, bad, lifestyle, habits, boomer, reality, from, shop, work, plea, art, vocation, artists, leaders, burnout, in, non, profit, sector, podcast, therapeutic, jurisprudence, employment, recipe, healthy, employee, relations, encourage, speech, nurture, civility, prohibit, abuse, does, federal, labor, allow, criticize, your, boss, on, facebook, dan, king, founder, career, planning, management, inc, notable, books, post, navigation, email, subscription, stats, pages, posts, comments, categories, blogroll, footer, menu, institute, hosted, by, david, yamada,

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diversion, bills, order, maintain, quo, remain, fringes, visible, teetering, brink, irrelevance, stereotypes, assumptions, types, responses, yesterday, 2004, invited, present, undone, compelling, woman, confronting, watched, define, vocational, role, win, plaudits, emmy, episode, educational, television, drama, yorkers, editorship, storytelling, interesting, impressive, bio, recognized, raised, styled, artivist, uses, creative, gifts, unemployment, recession, try, train, wreck, apocalypse, ceiling, security, day, stormy, sum, easy, answers, ongoing, days, painless, gone, face, choices, panic, desperation, wait, cautionary, tales, greece, eminently, sensible, physically, bodies, giving, stay, traditional, fewer, opportunities, entrants, says, hold, onto, essentially, strong, disappearing, overseas, gen, xers, younger, millennial, members, coveting, warns, quit, spent, lifetime, building, atrophy, message, experts, keep, shares, observations, usc, associated, press, via, yahoo, million, 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ep in see below but an everyday dust up should not be punished in fact it may be the canary in the coal mine that signals a deeper problem worth addressing take for example a victim of sexual harassment who is written up for violating a civility code because she is angry about organizational indifference to her reports of mistreatment 3 prohibit abuse when speech becomes abusive intervention is necessary bullying harassment and intimidation should be prohibited some aggressors can be coached or counseled others should be disciplined or terminated targets of their behavior should be safeguarded and protected from retaliation for reporting the mistreatment this is an ultimate test of organizational ethics especially if an aggressor happens to be a senior person strewn around too many workplaces are a lot of lumpy rugs with very ugly destructive behaviors swept under them 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 does federal labor law allow you to criticize your boss on facebook february 13 2012 by david yamada in employment and labor law freedom of speech management practices work and technology workplace bullying mobbing and abuse tags employment and labor law freedom of speech management practices work and technology workplace bullying mobbing and abuse leave a comment let s suppose you go to facebook and start posting critical comments about your boss if he finds out does federal labor law protect you from being fired or disciplined answer maybe sorry folks but the lawyer in me resists with good reason a yes or no answer here s why national labor relations act the national labor relations act nlra the main federal law governing labor unions collective bargaining and collective worker action makes it an unfair labor practice to retaliate against employees who engage in concerted activities for the purpose of mutual aid or protection typically this provision of the law is invoked when say workers are attempting to form a union or banding together to address issues of pay and working conditions the emergence of social media sites such as facebook has led the national labor relations board nlrb the federal agency charged with enforcing and interpreting federal labor law to address whether workers online communications about their bosses and working conditions are protected forms of concerted activity nlrb s facebook and other social media cases last year the nlrb s acting general counsel lafe solomon collected 14 relevant decisions issued by the agency s division of advice and summarized them in a detailed memorandum here is the nlrb s summary of that memo in four cases involving employees use of facebook the division found that the employees were engaged in protected concerted activity because they were discussing terms and conditions of employment with fellow employees in five other cases involving facebook or twitter posts the division found that the activity was not protected in one case it was determined that a union engaged in unlawful coercive conduct when it videotaped interviews with employees at a nonunion jobsite about their immigration status and posted an edited version on youtube and the local union s facebook page in five cases some provisions of employers social media policies were found to be unlawfully overly broad a final case involved an employer s lawful policy restricting its employees contact with the media you can access the full memorandum here key questions in essence there are three important questions to ask in determining whether employee activities will be protected under this provision of the nlra 1 was the activity truly concerted within the meaning of the nlra activity not intended to enlist the support or participation of co workers likely falls outside of the reach of the law 2 was the activity for mutual aid or benefit talk about wages and working conditions very likely meets this standard while gossiping about a supervisor s personal life probably does not 3 was the activity of a protected nature constructive criticism of wages and working conditions is probably protected whereas filling up a website with vile epithets about a boss is not many workers are not protected by the nlra in addition it is vital to note that many workers are not covered by the nlra expressly excluded from coverage are supervisors independent contractors domestic and agricultural workers and family member employees in addition the u s supreme court has held that managerial and confidential employees are excluded as well all told some 40 percent or more of the american workforce is not protected by the nlra including the concerted activities provision cited above so for example if you re a mid level manager at a local retail store who reads this and thinks hey i ll go on facebook and complain about the ceo there s a good chance you re not covered by the nlra possible protections for anti bullying advocates but ask a labor lawyer first based on this assessment the nlra may provide legal protections for workers who are raising concerns with co workers about bullying behaviors including exchanges on sites such as facebook however this assumes the activities are truly concerted within the meaning of the law and that the workers are not exempt from the protections of the national labor relations act in any event i strongly urge workers considering federal labor law as a source of legal protection to seek the advice of a qualified labor lawyer rather than blithely making the assumption that they are covered in summary if you surf the internet for articles about the nlrb s social media decisions you ll read headlines suggesting that you now have a blanket right to criticize or complain about your boss on facebook i hope this article has alerted you to the hazards of making that assumption obligatory but important disclaimer this post is not intended as legal advice and it is provided for informational purposes only there are serious potential pitfalls for employees and employers alike in dealing with this body of labor law and a summary of a few hundred words cannot replace legal advice tailored to a specific situation if you are in a situation that raises issues under federal labor law consult a labor law attorney for an assessment of your rights and responsibilities longer commentaries the national labor relations act and workplace bullying i explored the potential application of the national labor relations act to bullying situations in my first law review on workplace bullying and american employment law david c yamada the phenomenon of workplace bullying and the need for status blind hostile work environment protection 88 georgetown law journal 475 2000 at pages 517 521 the entire article can be downloaded without charge here employee free speech rights for those who want to learn more about employee free speech rights in the private sector this slightly dated but still informative law review article may be of interest david c yamada voices from the cubicle protecting and encouraging private employee speech in the post industrial workplace 19 berkeley journal of employment and labor law 1 1998 which can be downloaded without charge here 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 3 questions for dan king founder career planning and management inc february 10 2012 by david yamada in 3 question interviews career planning lifespan issues workplace bullying mobbing and abuse tags career planning lifespan issues workplace bullying mobbing and abuse 1 comment dan king career counseling isn t just for young folks attending colleges and universities in fact adults facing a job hunt or contemplating a career shift may be in even greater need of individualized coaching and advice dan king a boston based career consultant and member of the new workplace institute advisory committee provides such assistance his firm career planning and management inc has been serving individuals and organizations since 1987 dan kindly agreed to be interviewed for our 3 questions feature and here s what he had to share with us 1 dan how did you get into the field of career counseling david i d love to tell you that i was one of those people who always knew what he wanted to be when he grew up but i wasn t i graduated college with a liberal arts degree and a few vague notions about career success like most 21 year old newly minted grads i was eager to earn some real money acquire possessions and of course still have ample time for an active social life by age 32 after several unfulfilling jobs i was disheartened and discouraged by the path my career had taken i had allowed my career to just happen by accident and knew i needed to be more strategic about my future i started reading everything i could about careers and vocation which ultimately led to the decision to pursue a graduate degree in counseling psychology concentrating in career development i wanted to help others avoid the same pitfalls of poor career planning that i had made and that s what i ve been doing for over 25 years now 2 what are the backgrounds of your typical clients and what services can you offer them my clients are primarily mid career professionals with some experience behind them and full careers ahead of them they range in age from mid 30 s to late 50 s and come from many backgrounds including business education healthcare law non profits and more frequently they re looking to improve their worklives to pursue meaningful work that more closely aligns with their interests skills and values other times they need help organizing an effective job search plan including the more tactical details of resume development interview coaching networking skills and salary negotiation and sometimes they just need to speak with an objective outsider who can serve as a sounding board and trusted advisor many of my client engagements have evolved into on going relationships that have lasted throughout the development cycle of their careers 3 many readers discover this blog because they ve dealt with bullying and harassment on the job they may be unemployed and their self confidence has taken a hit what can an independent career counselor do for them i m glad you asked this question a good career counselor will wear many hats as coach mentor devil s advocate teacher cheerleader crying towel therapist and sometimes drill sergeant when i m seeing a client i understand that they may not be at their full functioning best they re burdened by the stress of transition and symptoms can show up as fear anger shame or a sense of worthlessness it s not uncommon for a client to exhibit behavior typical of an abusive relationship with an authority figure and anyone who has experienced unexpected job loss knows firsthand the rollercoaster of emotions that follow by providing a safe non judgmental climate built on trust and understanding an effective career counselor can help their clients give voice to their feelings rebuild their self esteem and project the confidence necessary to achieve a meaningful and satisfying worklife starting in 2012 3 questions is a regular feature presenting short interviews with notable individuals whose work and activities overlap with major themes of this blog go here to access all interviews in the series 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 notable books february 2012 february 7 2012 by david yamada in notable books personal finances retirement social responsibility tags notable books personal finances retirement social responsibility leave a comment in the spirit of looking at things anew as the new year unfolds some of you may be looking hard at your personal finances investments and retirement savings if you re like me and need to learn about this stuff from the ground up here are some helpful sources andrew tobias the only investment guide you ll ever need rev ed 2010 several years ago a dear cousin now sadly passed turned me on to this book which proved to be a great starting place for understanding investing and financial planning ilyce r glink 50 simple steps you can take to disaster proof your finances how to plan ahead to protect yourself and your loved ones and survive any crisis 2002 slightly dated but still full of good advice for me this book falls into the do what i say and not what i haven t done category yikers i have some work to do this year john c bogle the little book of common sense investing the only way to guarantee your fair share of stock market returns 2007 the founder of the vanguard group is one of the most respected people in financial services ben stein phil demuth the little book of bulletproof investing do s and don ts to protect your financial life 2010 recommends a quirky approach to assembling a retirement investment portfolio a bit too complicated for my tastes but at least read it for the wise and sobering commentary about saving for retirement laurence j kotlikoff and scott burns the coming generational storm what you need to know about america s economic future rev ed 2005 a pre meltdown warning shot about tomorrow s economy interweaving economic analysis with concrete advice on personal finances this book more than any other taught me about projecting how big picture economic trends affect our personal finances edwin m bridges with brian d bridges the prudent professor planning and saving for a worry free retirement from academe 2010 well i probably found this book a little too late to put into practice all the advice that might provide me with that elusive worry free yeah right retirement but it s helpful for academicians of any age a note to readers i know that for some financial planning and retirement saving are wholly unrealistic concepts right now many folks are barely making ends meet if that and if you are in this situation i hope that your circumstances improve markedly and allow you to plan your finances with a longer range perspective starting in february 2012 every month i m sharing short mentions of books related to recurring topics on this blog that i have read reviewed or used a mix of newer and older works on occasion like above i will emphasize a specific theme 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 post 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