Workplace Flexibility:
Title Goes Here
Definitions, Trends & Next Steps
Presented By:
Kelly S. Hughes
(Charlotte, NC)
AGENDA

Introduction to Workflex Terms, Tools and
Trends

Discussion of Most Commonly Implicated
Federal Employment Laws

Tips for Getting Started
STRATEGIC WORKFLEX
Workflex is not





A benefit
A form of compensation or punishment
A right
A collection of programs or policies
Limited to remote work and flex hours
WHAT IS WORKFLEX?
Workflex is a process for solving problems
and increasing effectiveness and efficiency
in and out of work
Why Workflex? Bottom Line
Results

American Express found that remote workers
were 43% more productive than their officebased colleagues

PricewaterhouseCoopers’ flexibility policies
have helped cut annual turnover from 15% to
24% saving an estimated $45 million a year

Traffic congestion cost U.S. commuters $121
billion in wasted time and fuel
Workflex is One Part of an
Effective Workplace
Workflex Tools and Trends
•
Choices in Managing Time
•
Flex Time and Flex Place
•
Reduced Time
•
Time Off
•
Flex Careers
•
Dealing with Overwork
•
Culture of Flexibility
Intersection of Workflex
Tools and Employment Laws
Teleworking
Primary laws implicated:
-
-
Title VII
ADA (and ADAAA)
OSHA
Workers’ Compensation
Privacy Laws /Data Protection
NLRA
FLSA (and state wage/hour laws)
FMLA
Shift Swapping
Primary laws implicated:
-
Title VII
ADA (and ADAAA)
NLRA
FLSA (and state wage/hour laws)
Reduced Schedules/Job
Sharing
Primary laws implicated:
-
Title VII
ADA (and ADAAA)
NLRA
FLSA (and state wage/hour laws)
FMLA
ERISA
Flexible Schedules
Primary laws implicated:
-
Title VII
ADA (and ADAAA)
NLRA
FLSA (and state wage/hour laws)
FMLA
New San Francisco ordinance
Time Off/Sabbaticals
Primary laws implicated:
-
-
Title VII
ADA (and ADAAA)
NLRA
FLSA (and state wage/hour laws)
FMLA
ERISA
COBRA
EAP/Employee Wellness
Primary laws implicated:
-
GINA
ADA (and ADAAA )
HIPAA
ERISA
COBRA
Creating an Effective and
Flexible Workplace
GETTING STARTED
Drawing Conclusions: Where
Do You Go Next?
•
BIG DECISIONS

Do you need to offer more than you have
currently?

Are managers getting in the way and, if so, why?

Are you offering the right options, but are people
not using them?
Implementation: Moving to Action
•
Use pilot programs to learn how to implement
flexibility, not as a way to decide whether to offer
flexibility
•
Make sure you start implementation with ongoing
mechanisms to collect feedback on what works
and what needs to be improved
•
Create principles and guidelines to guide the
evolution of your workflex efforts
•
Write down your organization’s policies
•
Equip your managers and supervisors with
information, tools and resources to be effective
workflex stewards
Maintaining the Momentum
•
Continue to educate all of your flexibility
champions in change management
•
Create opportunities for recognition for managers
who promote flexibility; and construct small wins on
an ongoing basis
•
Continue to communicate, communicate,
communicate
•
Build workflex into your accountability system and
other key management systems
•
Look for improvements you can make
•
Measure what matters
Assessing Your Organization’s
Workflex
 When Work Works offers free workflex
assessment surveys of employers and
employees as part of the Sloan award
application process (Jan-May)
 All applicants get free, confidential
reports comparing their responses to
the biennial National Study of
Employers
 Winners are offered support gathering
recognition for their workflex efforts by
When Work Works and local community
partners and SHRM affiliates
Additional Resources
 Workflex: Employee toolkit is
the employee focused
companion piece to Workflex:
The Essential Guide to
Effective and Flexible
Workplaces. It’s purpose is to
help employees partner with
their employers to develop
workflex plans that benefit both
employers and employees.
 Online download at:
http://www.whenworkworks.org/
be-effective/guidestools/workflex-employee-toolkit
Additional Resources
Workflex includes
research, legal and
experience-based
perspectives and indepth case studies of
workplace flexibility as
well the tools and
techniques needed to
translate those
perspectives into action.
Additional Resources

For more information about workflex, When
Work Works and its sponsors SHRM and
Families and Work Institute:
•
check out their website at WhenWorkWorks.org
or
follow them on Twitter @WhenWorkWorks
OR
•
Call your friendly employment law attorney 
Creating an Effective and
Flexible Work Environment
Questions?
Kelly S. Hughes
704-405-3132 (direct)
Kelly.Hughes@ogletreedeakins.com