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description=10 posts published by David Yamada during February 2014;

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share, this, workplace, the, and, bullying, on, of, minding, archives, new, percent, want, to, help, blog, recent, monthly, february, 2014, why, cancelled, my, amazon, prime, account, wbi, survey, 27, have, experienced, repeated, abuse, at, work, 93, anti, law, pass, em, two, short, videos, about, healthy, bill, rebellious, lawyering, conference, discussing, origins, meaning, intern, rights, movement, published, emerging, american, legal, responses, stop, consultants, outsourcing, leadership, independent, investigator, miami, dolphins, richie, incognito, teammates, bullied, harassed, jonathan, martin, others, working, notes, progress, challenging, unpaid, internships, can, personal, coaching, targets, post, navigation, email, subscription, stats, pages, posts, comments, categories, blogroll, footer, menu, institute, hosted, by, david, yamada,

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s for readers who would like more in depth explorations of the legal issues concerning workplace bullying and related topics in the u s here are links to and brief summaries of relevant journal articles i ve written over the years each may be accessed without charge from my social science research network page while these articles are published in academic journals they nevertheless have attracted many readers who are not lawyers or law professors workplace bullying and the law the phenomenon of workplace bullying and the need for status blind hostile work environment protection georgetown law journa l 2000 this is the first in depth examination of the american legal and policy implications of workplace bullying considered a groundbreaking piece crafting a legislative response to workplace bullying employee rights and employment policy journal 2004 this contains and explains the first version of the healthy workplace bill as well as brief discussions of early legislative and regulatory responses to workplace bullying in other nations workplace bullying and american employment law a ten year progress report and assessment comparative labor law policy journal 2010 this piece is part of a collection of articles looking at enacted and proposed legal responses to workplace bullying on an international scale it contains an updated version of the healthy workplace bill workplace bullying generally workplace bullying and ethical leadership journal of values based leadership 2008 this article provides a general overview of workplace bullying and its implications for organizational leadership employee dignity generally human dignity and american employment law university of richmond law review 2009 i pulled in a lot of historical and theoretical sources in an attempt to construct a case for making human dignity the primary framework for evaluating and shaping u s employment law employment law as if people mattered bringing therapeutic jurisprudence into the workplace florida coastal law review 2010 this article places employment law issues including workplace bullying in the context of therapeutic jurisprudence the school of legal thought that examines the therapeutic and anti therapeutic properties of our laws and legal systems 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 i want to help stop workplace bullying february 19 2014 by david yamada in strategies for change workplace bullying mobbing and abuse tags strategies for change workplace bullying mobbing and abuse 2 comments periodically i get e mails and voice mails from people who would like to get involved in addressing bullying at work more often than not they have experienced or witnessed workplace bullying firsthand and now they d like to do something on a broader scale to prevent bullying and help others who have been targeted here are my thoughts on this topic first i d suggest pondering these questions 1 do you have specific training work experience or licensure that provides opportunities to address workplace bullying if so you may be able to contribute your specific expertise to this movement 2 do you have a personal or professional network that you can influence or tap into your networks may be a potential audience for your efforts 3 are you ready to learn about workplace bullying beyond your immediate familiarity personal experience can be a great teacher and most people who are active in this movement have been bullying targets have witnessed others being bullied or have been close to someone who was bullied but workplace bullying is a topic with complexities that go well beyond one person s experience the more you know the more effective you ll be as a change agent 4 especially if you ve experienced workplace bullying are you ready and able to become involved in a movement that may cause you to revisit some of those bad experiences admitting that you re not ready to become active in these efforts is a sign of self honesty and strength not personal weakness for some people getting active in this movement is an affirming activity for others it is too unpleasant a reminder of what they went through and they owe no apologies for that take care of yourself first and make a decision accordingly next if you truly want to get involved consider these possibilities support the anti bullying healthy workplace bill go here to identify ways to be part of the advocacy campaign if you feel secure in doing so encourage your employer to develop anti bullying policies procedures and training programs in this context there is strength in numbers as the university of massachusetts workplace anti bullying campaign illustrates speak out post about workplace bullying on social media when articles about workplace bullying appear online post comments that reinforce the importance of stopping bullying at work taking on internet trolls who deny that bullying is a serious problem in our workplaces help create a chorus of voices who proclaim that workplace bullying is inexcusable behavior if you re in a union get them on board with this nuff said go here for a sampling of what unions can do to put an end to workplace bullying encourage civic or professional groups in which you are active to support the workplace anti bullying movement organizations associated with specific professions or vocations are especially good possibilities if you are in a position to do so provide financial support for workplace anti bullying initiatives play an active role in efforts to prevent and respond to bullying behaviors across the lifespan including in schools and senior facilities in addition to the workplace after all bullying does not start and end in one setting if you want a great example of a super activist concerning workplace bullying then take a look at the work of drew mitchell who hosts a stop workplace bullies now facebook page and website drew has created an important role for himself as a writer and connector in this movement i m sure i ve omitted other viable possibilities and i m happy to take your suggestions in the comments 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 consultants and the outsourcing of leadership february 17 2014 by david yamada in coaching leadership management practices tags coaching leadership management practices 2 comments take a look around your workplace are there consultants buzzing around addressing practically every major pending concern or decision your organization faces if the answer is yes then it s likely that your employer is engaging in what a friend of mine brilliantly calls the outsourcing of leadership targeted assistance vs abdicating leadership high quality organizations aren t afraid to reach out for help when the need arises this may include retaining a consultant with special expertise to address a specific situation or challenge low quality organizations however seem to retain consultants for just about everything senior managers who lack the knowledge to guide their organizations or the courage to own tough decisions often hire consultants to do the work for them when difficult actions are necessary these managers are quick to hide behind a consultant s recommendations the outsourcing of leadership suggests that the skill sets and personal characteristics of senior managers are deficient but rare is the consultant who will be in a position to say that instead the consultant may be more like an advisor to a ship s captain who can t decide how to allocate seats in the lifeboats after ramming the boat into the iceberg is coaching an option in cases where top managers are willing to invest time energy and accountability into changing their ways for the better executive coaching may be a viable option in his book energy leadership transforming your workplace and your life from the core 2008 coach and therapist bruce schneider presents a case study of how he coached a company president who realized that he had to change in order to bring out the best in his employees schneider details how this executive transformed himself and in the process reversed the fortunes of his fading company while managing to retain most of his workers and inspiring them to change their attitudes as well from the top the choices start at the top smart bold choices may result in positive change hiring layers of consultants to do the heavy lifting may have an opposite result or at best maintain a dysfunctional status quo 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 independent investigator on miami dolphins richie incognito and teammates bullied and harassed jonathan martin and others february 14 2014 by david yamada in workplace bullying mobbing and abuse tags workplace bullying mobbing and abuse 1 comment an independent investigator has concluded that miami dolphins football players richie incognito john jerry and mike pouncey subjected teammate jonathan martin and others to severe bullying and abuse including repeated racial slurs and sexually explicit remarks in the wake of the widely reported accounts last fall centering on incognito and martin the nfl retained attorney ted wells and his law firm paul weiss rifkin wharton garrison to conduct an independent investigation into charges that incognito had repeatedly bullied and harassed martin to the point where martin left the team the investigation revealed more actors and a wider scope of misconduct here s the heart of a news release from the law firm dated today paul weiss has conducted a comprehensive investigation aided by full cooperation from the nfl the national football league players association and the miami dolphins paul weiss reviewed thousands of voluntarily produced documents including text messages emails and team policies and completed more than 100 interviews including interviews of all dolphins players and coaches key front office personnel and the team s owner and chairman said mr wells the report concludes that three starters on the dolphins offensive line richie incognito john jerry and mike pouncey engaged in a pattern of harassment directed at not only jonathan martin but also another young dolphins offensive lineman and an assistant trainer the report finds that the assistant trainer repeatedly was the object of racial slurs and other racially derogatory language that the other offensive lineman was subjected to homophobic name calling and improper physical touching and that martin was taunted on a persistent basis with sexually explicit remarks about his sister and his mother and at times ridiculed with racial insults and other offensive comments the report rejects any suggestion that martin manufactured claims of abuse after the fact to cover up an impetuous decision to leave the team contemporaneous text messages that martin sent to his parents and others months before he left the dolphins which have never before been made public corroborate his account that the persistent harassment by his teammates caused him significant emotional distress the report concludes that the harassment by martin s teammates was a contributing factor in his decision to leave the team but also finds that martin s teammates did not intend to drive martin from the team or cause him lasting emotional injury said mr wells for a pdf of the complete 140 page report go here in legal terms it s worth noting that racial and sexual harassment violate employment discrimination laws whereas pure bullying unconnected to legally protected classes such as race sex religion age or disability remains largely legal this is why we need to be steadfast in advocating for the healthy workplace bill and other measures to address bullying at work 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 progress on challenging unpaid internships february 12 2014 by david yamada in education and learning internships working notes tags education and learning internships leave a comment during the past year we have witnessed major breakthroughs for the growing intern rights movement here are three items reflective of that progress 1 nyu career services offices revise internship listings a campaign initiated by undergraduate christina isnardi to press new york university s career services offices to monitor internship listings posted by employers for possible violations of minimum wage laws has resulted in major changes as reported by kara brandeisky for propublica the nyu wasserman center for career development now requires employers indicate that unpaid internships meet labor department guidelines 1 before posting them on careernet the school s online jobs site the wasserman center s website also offers students 2 a link to the labor department s website and a guide to help students identify potentially fraudulent job postings additionally the site provides a comprehensive directory of internship coordinators 3 across nyu departments nyu junior christina isnardi began pressuring the career center last year with a petition 4 demanding that the center remove postings of illegal exploitative unpaid internships the political science and film production double major says she was inspired to start the campaign after working a string of exploitative internships and watching her friends get shut out of unpaid opportunities they couldn t afford hat s off to christina and others for superb in house advocacy resulting in an approach that may serve as a model for other universities and kudos to nyu for listening to their messages 2 intern labor rights issues 2013 report if you have any doubts that 2013 was a breakthrough year for the intern rights movement then you must read this excellent report by intern labor rights documenting the many positive developments initiatives and media stories the past year has proved to be a milestone for intern rights with significant accomplishments in the fight to have interns recognized as employees with rights to both pay and workplace protections substantial decisions in courts local governments and corporations around the country have brought unfair internships to the fore prompting many employers to change their practices for the better multiple media conglomerates have changed their hiring policies from terminating their exploitative internship programs to paying the...
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