Is the U.S. 40-Hour Work Week "Just Right"?

In a recent article in Time.com, author Geoffrey James noted that the COO of Facebook routinely leaves the office at 5:30 p.m. to be with her children.  However, for years she felt the need to hide this fact before "coming out of the closet."


Almost a century ago Ford Motor Company ran dozens of tests and discovered that the "sweet spot" was 40 hours per week for optimum productivity.  In six of the Top 10 most competitive countries in the world (Sweden, the U.K., Germany, Finland, the Netherlands, and Denmark) it is illegal to demand more than 48 hours of work per week.


So, what do you think?  Is the "standard" 40-hours per week in the U.S. too much, too little, or "just right"?  Would you prefer to work 10 hours per day in a 4-day work week?

Ocean State Friday Fun Facts

In 1524 the Florentine navigator Giovanni da Verrazano, while sailing for France, was the first European to explore Rhode Island.  By comparing Block Island with the Mediterranean island Rhodes, he accidentally gave it its name.

Rhode Island Employment Law Re: Use of Applicant's Criminal Records: Arrests, Charges and Expungement.

In the wake of the EEOC's recent pronouncement regarding the use of criminal arrests and convictions in the employment law setting, a brief review of Rhode Island laws regarding criminal records as part of a job application.  In Rhode Island it is illegal for any employer to include on any application for employment (except for law enforcement positions)a question inquiring whether the applicant has ever been arrested or charged with a crime.  However, employers may inquire whether the applicant has ever been convicted of a crime.


Similarly, in Rhode Island, any person whose criminal records have been expunged shall be released from all penalties and disabilities from the crime of which he had been convicted.


In any application for employment, a person whose conviction of a crime has been expunged may state that he has never been convicted of a crime.

Rhode Island Recognized Transgender Non-Discrimination Eleven Years Before the EEOC Prohibited Transgender Discrimination

Eleven years after Rhode Island became the second state in the nation to adopt a law prohibiting discrimination against transgender people in employment, housing, credit and public accommodations, the EEOC issued its own rule prohibiting discrimination against transgender employees or job applicants.  According to the EEOC's new rule, transgender discrimination is prohibited by Title VII of the Civil Rights Act.                        


Of course, the EEOC's ruling is NOT binding on the courts, but it will influence how the EEOC and state agencies enforce Title VII.

In Rhode Island and throughout the United States, Title Inflation Can Cause Problems for the Worker and the Employer.

Which job titles actually mean something in the work world?  When done right, a nontraditional job title can describe a person's skills with greater specificity, making that person's role at a company clearer and enhancing his or her marketability.

Some companies are also adding a little humor or edginess to titles, a reasonable idea but one that may not help the employee in the long run.  Title inflation can cause problems for the worker and the employer.

If the worker is seeking another job, an inflated title might land him an interview for a job for which he is wildly underqualified. And networking sites make it easy for potential employers to figure out a person's place in a company, regardless of title. No recruiter's going to be impressed by someone carrying a title that overstates his or her abilities.

For the employer, inflating employee job titles can lead to legal problems, especially if the employee's title does not match his job duties. Companies can be audited by the state or federal labor department and can get in trouble if they have people working under titles that don't line up with their duties — particularly if the trumped-up titles are being used to skirt state and federal wage and hour laws. 

Rhode Island Unemployment Rate Rose to 11.1% in March 2012

Rhode Island lost 600 jobs between February and March 2012.  Unemployment in the state is up slightly to 11.1 percent for March, from 11.0 percent in February.  Rhode Island's unemployment rate is now nearly three percentage points higher than the national unemployment rate of 8.2 percent.

State officials, backed by a local economist questioned whether the monthly jobs report accurately captured the nuances of the local economy -- specifically the number of jobs that exist in the state.

DLT Director Charles J. Fogarty commented, "No one is suggesting we're in a robust recovery, but we do want to give people some measure of hope, and we see some signs that the recovery is under way slowly."

Rhode Island is ‘Tough on Retirees’

Rhode Island is “particularly tough on retirees” according to a report by business forecast and personal finance publication Kiplinger.

The Ocean State taxes up to 85 percent of Social Security benefits similar to the way the federal government does and it taxes “virtually all other sources of retirement income,” according to Kiplinger.

While railroad retirement benefits are exempt, which is true for every state, out-of-state government pensions are fully taxed.

As of January 2011, Rhode Island revised its income tax withholding rates, brackets and withholding allowances. The revision expanded tax brackets and lowered the top marginal income-tax rate from 9.9 percent to 5.99 percent.

The state has the fifth-highest median real estate tax in the United States, according to the Tax Foundation and it treats capital-gains income as ordinary income for tax purposes.

Can Employers Ban Obese Employees?

Citizens Medical Center, a health-care facility in southeastern Texas, is refusing to hire any person who has a body mass index over 35, which means that in order to work at the hospital, a 5'5" applicant can weigh no more than 210 pounds. Officials say the measure is meant to promote healthy living, so that employees can set an example for patients. The rule is legal in Texas.

The law is different in Rhode Island.  In November 1993, the First Circuit, in Cook v. Rhode Island, Department of Mental Health, Retardation, and Hospitals, became the first United States Court of Appeals to acknowledge morbid obesity as a disability under federal disability law.' The First Circuit reasoned that conditions such as obesity that are arguably voluntary or mutable are not preempted per se from the protection of federal disability law.'  Additionally, the court recognized that the negative stereotypes that American society associates with the obese are evidence that society perceives obesity as a disability."

Judge Rules In Favor of Fired Employee With Bipolar Disorder

On March 28, after a four-day bench trial, Judge Edward F. Shea of US District Court for Eastern Washington ruled in Plaintiff's favor, noting "[The Employer's] deficient ADA policies and practices." The Judge found that the company's half-dozen different rationales for terminating the employee were simply a pretext for discrimination. The Judge awarded the employee $6,500 in back wages and $50,000 for emotional pain and suffering. The court also issued a three-year injunction, requiring the employer to train its managers and human resources personnel on anti-discrimination and anti-retaliation laws.

Breast Feeding at Work: Rhode Island and Federal Laws

Breastfeeding Laws in Rhode Island: Employers should provide a breastfeeding mother with flexible breaks and a safe, clean, privateplace to pump breastmilk or breastfeed her child.  Section 23-13.2-1 (2003).  A woman may breastfeed or bottle-feed her child in any place open to the public. Section 23-13.5-1(2008)


Federal Breastfeeding Law:The United States Patient Protection and Affordable Care Act requires nationwide workplace lactation accommodations:  www.dol.gov/whd/nursingmothers

Rhode Island Treasurer Raimondo Tells Communities to Think Long-term in Fixing Pension Plans

Sharing the lessons her office learned last year in overhauling the state pension system, the treasurer told the two dozen municipal leaders at CCRI to resist the urge to focus on short-term solutions, which might unfairly target one group -- and leave the community vulnerable to legal challenges.

Think long term, she said. Study the big questions. Make the process transparent so citizens and the unions can see the scope of the problem and the solutions being considered.

Under the state pension overhaul law, the communities have until November to present a plan to fix their pension plans.

Maryland and seven other states may pass bills to protect employees from disclosing personal social media passwords

Maryland may become the first state to ban employers from demanding applicants or workers hand over their log-in information for social media sites. The measure keeps managers from snooping on password-protected content, a practice advocates of the bill say violates privacy and intimidates job seekers and employees. 


It is impossible to know exactly how often employers ask to tap into prospective workers' accounts, but it is happening more and more frequently.

While the Maryland legislation is the first of its kind, lawmakers in at least seven other states have introduced legislation to limit employer access to social media user names and passwords, according to the National Conference of State Legislatures.