DOCSLIB.ORG

Brief of Michael German, Robert Kobus, Jane Turner, Dr. Frederic

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Brief of Michael German, Robert Kobus, Jane Turner, Dr. Frederic No. 17-1098 In the Supreme Court of the United States JOHN C. PARKINSON, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent. On Petition for a Writ of Certiorari to the United States Court of Appeals for the Federal Circuit BRIEF OF MICHAEL GERMAN, ROBERT KOBUS, JANE TURNER, DR. FREDERIC WHITEHURST, NATIONAL WHISTLEBLOWER CENTER, AND PROJECT ON GOVERNMENT OVERSIGHT AS AMICI CURIAE IN SUPPORT OF PETITIONER JOSHUA A. GELTZER GREGORY DUBINSKY INSTITUTE FOR CONSTITUTIONAL Counsel of Record ADVOCACY AND PROTECTION DANIEL M. HOROWITZ GEORGETOWN UNIVERSITY LAW WENDY L. GREEN CENTER HOLWELL SHUSTER 600 New Jersey Ave. NW & G OLDBERG LLP Washington, DC 20001 750 Seventh Avenue (202) 661-6728 New York, NY 10019 [email protected] (646) 837-5132 [email protected] Counsel for Amici Curiae March 8, 2018 TABLE OF CONTENTS TABLE OF AUTHORITIES ....................................... ii INTEREST OF AMICI CURIAE ................................1 INTRODUCTION AND SUMMARY OF THE ARGUMENT................................................................2 ARGUMENT................................................................4 I. The Federal Circuit’s Decision Leaves Preference-Eligible FBI Whistleblowers Without Adequate Protection from Reprisal…4 A. The Federal Circuit’s Decision Contravenes The Plain Text Of The Statute. ........................4 B. As The Experience Of Amici Shows, The Federal Circuit’s Decision Exposes Preference- Eligible Whistleblowers To Flawed Procedures Simply Because They Work At The FBI..........6 C. The FBI Regulations Provide Lesser Protections Than Congress Intended To Grant To Veterans. ....................................................12 II. Certiorari Should Be Granted To Correct The Federal Circuit’s Concerning Pattern Of Unduly Narrowing Whistleblower Protections.…………………………………...… 13 CONCLUSION ..........................................................16 ii TABLE OF AUTHORITIES CASES CFTC v. Schor, 478 U.S. 833 (1986)…………………………………. 12 Clark v. Dep’t of Army, 997 F.2d 1466 (Fed. Cir. 1993) …………………… 15 Fisher v. Dep’t of Defense, 52 M.S.P.R. 470 (M.S.P.B. 1992) ………………… 14 Haley v. Dep’t of Treasury, 977 F.2d 553 (Fed. Cir. 1992) …………………….. 14 Horton v. Dep’t of Navy, 66 F.3d 279 (Fed. Cir. 1995) ……………………… 14 Jarecki v. United States, 590 F.2d 670 (7th Cir. 1979) ……………………….. 6 Lathram v. Snow, 336 F.3d 1085 (D.C. Cir. 2003) ……………….……. 3 Padilla v. Dep’t of Air Force, 55 M.S.P.R. 540 (M.S.P.B. 1992) ……………...…. 14 Pers. Adm’r of Massachusetts v. Feeney, 442 U.S. 256 (1979) ………………………………. 3, 6 United States v. Fausto, 484 U.S. 439 (1988) ………………………………….. 6 Willis v. Dep’t of Agriculture, 141 F.3d 1139 (Fed. Cir. 1998) …………………… 14 iii STATUTES 5 U.S.C. § 1221 …………………………………………. 5 5 U.S.C. § 2301(b)(9) …………………………………… 2 5 U.S.C. § 2302 ...……………….……………….. 2, 5, 13 5 U.S.C. § 2303 ………………………………… 2, 5, 7, 9 5 U.S.C. § 7511 ……………………………..…..…..…... 3 5 U.S.C. § 7513(d) ……………………………..….....…. 3 5 U.S.C. § 7701 ………………………………….. 3, 5, 12 5 U.S.C. § 7703 ………………………………….…. 5, 12 Pub. L. No. 101-12…….……………………….…. 13, 15 Pub. L. No. 103-424, § 4(b) …………………..…...…. 15 Pub. L. No. 112-199…………...……..…………… 14, 15 REGULATIONS 28 C.F.R. § 27.4(e)(3) …………………………………. 12 28 C.F.R. § 27.5 …….…………………………………. 12 OTHER AUTHORITIES Carrie Johnson, A Decade After Blowing the Whistle on the FBI, Vindication, Nat’l Public Radio (Apr. 15, 2015), available at https://www.npr.org/2015/04/15/398518857/9-years- after-blowing-the-whistle-on-the-fbi-he-s-been- vindicated …...........…………………………………. 11 iv Dep’t of Justice, Office of the Inspector General, Executive Summary, The FBI Laboratory: An Investigation into Laboratory Practices and Alleged Misconduct in Explosives-Related and Other Cases (Apr. 1997), available at https://oig.justice.gov/special/9704a/index.htm …. 7 Eric Lichtblau, Report Finds Cover-Up in an F.B.I. Case, N.Y. Times, Dec. 4, 2005, available at http://www.nytimes.com/2005/12/04/politics/report- finds-coverup-in-an-fbi-terror-case.html ……….. 10 Government Settles Suit Over F.B.I. Laboratory, N.Y. Times, July 7, 2000, available at http://www.nytimes.com/2000/07/07/us/national- news-briefs-government-settles-suit-over-fbi- laboratory.html …………………………………........ 8 Joe Davidson, Report Says Procedures Put a Chilling Effect on Potential FBI Whistleblowers, Wash. Post, Mar. 3, 2015, available at https://www.washingtonpost.com/politics/federal_g overnment/report-says-procedures-put-a-chilling- effect-on-potential-fbi- whistleblowers/2015/03/03/160b8708-c1cf-11e4- 9271-610273846239_story.html .…………………. 10 Nat’l Whistleblower Ctr., Robert Kobus, https://www.whistleblowers.org/meet-the- whistleblowers/1544-robert-kobus ………………. 11 National Security Whistleblowers in the Post- September 11th Era: Lost in a Labyrinth and Facing Subtle Retaliation: Hearing Before the Subcomm. On Nat’l Security, Emerging Threats, v and Int’l Relations of the H. Comm. On Gov’t Reform, 109th Cong. 132-34 (2006) .………………. 9 Terry Friedman, FBI whistle-blower leaves, gets $1.16 million, CNN, February 27, 1998 available at http://www.cnn.com/US/9802/27/fbi.whitehurst ... 7 U.S. Gov’t Accountability Off., GAO-15-112, Whistleblower Protection: Additional Actions Needed to Improve DOJ’s Handling of FBI Retaliation Complaints 45 (2015) …………………. 8 1 INTEREST OF AMICI CURIAE1 Michael German, Robert Kobus, Jane Turner, and Dr. Frederic Whitehurst are former employees of the Federal Bureau of Investigation. During their ten- ures, they all reported misconduct at the FBI; and the ensuing investigations or litigation, as well as the re- percussions they suffered, highlight the importance of robust whistleblower protections. These amici con- tinue to advocate for protection of whistleblowers in the Executive Branch. The National Whistleblower Center (NWC) is a nonprofit, non-partisan, tax-exempt, charitable or- ganization dedicated to the protection of whistleblow- ers. Founded in 1988, the NWC is keenly aware of the challenges facing FBI employees who report miscon- duct. See National Whistleblower Center, www.whis- tleblowers.org. Part of the NWC’s core mission is to monitor major legal developments and file amicus briefs in order to assist courts in understanding the important public-policy implications raised in many whistleblower cases. Two of the individual amici, Ms. Turner and Dr. Whitehurst, currently serve in leader- ship positions with the NWC. The Project On Government Oversight (POGO) is a non-partisan independent watchdog organization that champions good government reforms. POGO’s in- vestigations into corruption, misconduct, and conflicts of interest achieve a more effective, accountable, open, and ethical federal government. Since its inception, POGO has been at the forefront of efforts to 1 All parties have given their consent to the filing of amicus briefs. No counsel for a party authored this brief in whole or in part, and no person other than amici’s counsel made a monetary contribution to fund the preparation or submission of this brief. 2 strengthen whistleblower protection laws, including the Whistleblower Protection Enhancement Act. INTRODUCTION AND SUMMARY OF THE ARGUMENT This case concerns a key protection for employees at the Federal Bureau of Investigation who blow the whistle on misconduct. Federal law expressly shields whistleblowers from reprisal for protected disclosures. 5 U.S.C. §§ 2302, 2303; see also id. § 2301(b)(9). The Federal Circuit nonetheless held below that FBI whis- tleblowers who otherwise qualify to appeal certain ad- verse employment actions, such as termination, to the Merit Systems Protection Board (MSPB) may not claim once there that they were targeted in retaliation for blowing the whistle. That holding contravenes the statutory scheme Congress mandated for whistleblow- ers and exposes FBI employees to inadequate internal agency procedures. Without this Court’s intervention, the Federal Circuit’s decision will chill critical disclo- sures by would-be whistleblowers. As Congress has recognized, whistleblowers “play a critical role in keeping our government efficient and honest.” S. Rep. No. 114-261, at 1-2 (2016). Whistle- blowers at the FBI, including the individual amici, have alerted the public to serious abuses, maintaining the American people’s trust in the integrity and com- petence of their government. By reporting misconduct, however, whistleblowers often “risk retaliation from their employers,” including “being demoted, reas- signed, or fired.” Id. Congress has thus accorded robust safeguards to ensure that federal employees feel protected and are protected when they sound the alarm. As a general matter, Congress has afforded all military veterans in federal service—regardless of the agency in which the 3 veteran serves—heightened procedural rights, includ- ing the right to appeal certain adverse employment actions to the MSPB and to eventually seek judicial review. 5 U.S.C. §§ 7511, 7513(d), 7701. Those “pref- erence-eligible” employees have the right to challenge before the MSPB (and on appeal) the agency’s adverse employment action on the grounds that it is “not in accordance with law.” Id. § 7701(c)(2)(C). Access to those adjudicative forums, and the attendant right to argue that the employee suffered an adverse action that violated the law, are preferences designed to “re- ward veterans for the sacrifice of military service.” Lathram v. Snow, 336 F.3d 1085, 1093 (D.C. Cir. 2003) (quoting Pers. Adm’r of Massachusetts v. Feeney, 442 U.S. 256, 265 (1979)). No other employees in the FBI (or in a number of other agencies)
Load more

Recommended publications
  • Alternative Work Arrangements 1
    Running head: ALTERNATIVE WORK ARRANGEMENTS 1 Alternative Work Arrangements An Examination of Job Sharing, Compressed Workweeks, and Flextime Joseph Lutz A Senior Thesis submitted in partial fulfillment of the requirements for graduation in the Honors Program Liberty University Spring 2012 ALTERNATIVE WORK ARRANGEMENTS 2 Acceptance of Senior Honors Thesis This Senior Honors Thesis is accepted in partial fulfillment of the requirements for graduation from the Honors Program of Liberty University. ______________________________ Colleen McLaughlin, Ph.D. Thesis Chair ______________________________ David Duby, Ph.D. Committee Member ______________________________ David Snead, Ph.D. Committee Member ______________________________ Brenda Ayres, Ph.D. Honors Director ______________________________ Date ALTERNATIVE WORK ARRANGEMENTS 3 Abstract Alternative working arrangements have become increasingly popular in workplaces across America and the world. One segment of alternative work arrangements is schedule flexibility. The three types of flexible schedules examined include: job sharing, compressed workweeks, and flextime. Each arrangement will be examined individually. First, a definition and background information will be given. Then, the benefits of the arrangement will be discussed. Next, the risks and challenges of the arrangement will be examined. Finally, there will be analysis of what conditions are necessary for the arrangement to be successful. ALTERNATIVE WORK ARRANGEMENTS 4 Alternative Work Arrangements An Examination of Job Sharing, Compressed Workweeks, and Flextime In recent years, as businesses have become more focused on employee needs and their own productivity, alternative work arrangements have grown in popularity. Alternative work arrangements, sometimes known as flexible work arrangements or alternative work schedules, can be explained as any work arrangement that deviates from the standard workweek. To gain a full understanding of alternative work arrangements, an understanding of the standard workweek and its history must first be established.
    [Show full text]
  • Cultural Schemas, Social Class, and the Flexibility Stigma ∗ Joan C
    Journal of Social Issues, Vol. 69, No. 2, 2013, pp. 209--234 Cultural Schemas, Social Class, and the Flexibility Stigma ∗ Joan C. Williams University of California-Hastings College of the Law Mary Blair-Loy University of California-San Diego Jennifer L. Berdahl University of Toronto “First comes love, then comes marriage, then come flex-time and a baby carriage.” –Statement of a supervisor, Velez v. Novartis lawsuit (Wilson, 2010) Flexibility programs have become widespread in the United States, but their use has not. According to a recent study, 79% of companies say they allow some of their employees, and 37% officially allow all or most of their employees, to periodically change starting or quitting times (Galinsky, Bond, & Sakai, 2008). Although researchers often regard the official availability of flexibility and other work–life policies as an indicator of an organization’s responsiveness to em- ployees’ work–life concerns (Davis & Kalleberg, 2006), having policies on the books does not always mean that workers feel comfortable using these policies (Blair-Loy, Wharton, & Goodstein, 2011). Studies that have assessed usage rates generally find that usage rates are low. This has proved a remarkably resilient problem. The basic forms of work- place flexibility have been around for decades: flextime, part-time schedules, compressed workweeks, job shares (Friedman, n.d.). Yet usage of these programs ∗ Correspondence concerning this article should be addressed to Joan C. Williams, Distinguished Professor of Law, Hastings Foundation Chair, Founding Director, Center for WorkLife Lawm, UC Hastings College of the Law, 200 McAllister Street, San Francisco, CA 94102. Tel: (415) 565-4706 [e-mail: [email protected]].
    [Show full text]
  • Overtime –Compensatory Time Overview FAQ’S and Calculation Examples
    Overtime –Compensatory Time Overview FAQ’s and Calculation Examples What is overtime? The Federal Fair Labor Standards Act (FLSA) requires that non-exempt (hourly) employees receive one and one- half times their regular hourly rate, in the form of pay or compensatory time, for all hours worked in excess of 40 in a work week (or 80 in a 14 day work period for applicable police staff). Eligible employees cannot waive their rights to overtime under the FLSA. Positions designated as exempt (salary) under the FLSA and outlined in section 500 of the Town of Chino Valley Personnel Policy and Administrative Guidelines Manual are not eligible for overtime compensation. Employees exempt under the FLSA are paid for performing a job regardless of the number of hours worked; therefore, they do not receive additional compensation for working more than 40 hours in a work week. What positions are eligible for overtime? All non-exempt positions are eligible for overtime after they receive advance authorization by their appropriate department head and/or supervisor. If you are not sure whether you are non-exempt or exempt, please feel free to contact the Human Resources Department. How is overtime compensated? Overtime is compensated in the form of cash payment or compensatory time off at a rate of 1.5 hours for each hour of overtime worked. Compensatory time off should be scheduled as soon as practical, so long as it does not unduly disrupt town operations (as determined by the employee’s department head). Employees can bank up to 40 hours of compensatory time (26.67 hours of actual overtime work.) What counts towards overtime? Overtime is not accrued until after 40 hours are worked (not just reported) during the established work week (or 80 hours in a 14 day work period for applicable police staff).
    [Show full text]
  • Employee Information Guide
    Employee Information Guide Revised: February1, 2019 Department of Human Resources TABLE OF CONTENTS SECTION I – INTRODUCTION ................................................................................................. 1 PURPOSE AND OBJECTIVE ........................................................................................................................ 1 ADMINISTRATION ........................................................................................................................................ 1 ADMENDMENTS TO PERSONNEL POLICIES ...................................................................................... 1 COMPLIANCE .................................................................................................................................................. 2 SECTION II – CLASSIFICATION PLAN .................................................................................. 3 PURPOSE ........................................................................................................................................................... 3 USE OF JOB DESCRIPTIONS ....................................................................................................................... 3 USE OF CLASSIFICATION PLAN ............................................................................................................... 3 ADMINISTRATION OF CLASSIFICATION PLAN ................................................................................. 3 REQUEST FOR JOB EVALUATION / RE-EVALUATION ..................................................................
    [Show full text]
  • Impact of Part Time, Flextime and Reward on Productivity (Case Study on Grab Online Transportation Partners in Kupang City)
    Advances in Economics, Business and Management Research, volume 69 3rd International Conference on Tourism, Economics, Accounting, Management, and Social Science (TEAMS 2018) Impact of Part Time, Flextime and Reward on Productivity (Case Study on Grab Online Transportation Partners in Kupang City) Allen Bengngu Paulina Yuritha Amtiran Universitas Nusa Cendana Universitas Nusa Cendana Kupang, Indonesia Kupang, Indonesia [email protected] [email protected] Rolland Epafras Fanggidae Universitas Nusa Cendana Kupang, Indonesia [email protected] Abstract—The millennial era is currently causing a rapid (APJII). Its utilization is further, not only to communicate but social change in society, including in the thriving business also to buy goods, order transportation, to do business and world using internet technology in running its business known work (Fanggidae, Angi & Nursiani, 2018). In the business as online business. An online business that is growing and is world where many businesses utilize information technology widely used is an online business in the field of services, in running their businesses, one of them is developing namely Online Transportation, where this business invites application-based transportation service providers whose people to become partner. Demand for high transportation benefits have been enjoyed by the public. services from the community resulted in Grab being able to Online transportation applications turned out to be absorb partner, both from the unemployed and part time job enough to provide solutions and answer various public seekers. With flextime Grab expects its workforce to be more concerns about security in using public transportation services productive in its work activities so that it can offset that (Chan et al.
    [Show full text]
  • Flex Time Request Letter
    Flex Time Request Letter Unlaboured and submergible Christoph never flip-flop bitterly when Mateo scheme his nonjuror. Predestinate and inherited Pedro never defused his bronchi! Unwound Kingston sometimes abnegated any haricot evanesces inhumanely. Part-TimeReduced Time Additional Considerations Part-time work. Start middle end times are flexible hours other caught the standard 00 to 500 work-day. Flexible working hard when employees choose to blast their everyday. How your Write a Budget Request general Business Chroncom. An employee should email or desk a letter whether their employer. Working Arrangements During the COVID-19 Pandemic. Why Asking for a Flexible Schedule Doesn't Have the Brazen. Employee request for flexible working arrangements template. State your borough for reduced hours Be had by listing the days and hours you itself to dispute each week four you're flexible just note the total bulk of hours. Flexible Working permit Letter Workingmumscouk. Work Schedules and Rest Periods Human Resources. Request for Approval Letter authority to lock with Format & Samples. Requesting a Reasonable Accommodation with Template Letter. Letter of resignation Restructuring Retirement Mandatory retirement Retirement age Planning. A copy of the shelter should be forwarded to Wharton Human Resources for the. But either's as good a time as ever again be brave step into and bad your employer to. As professionally and sick leave that you to the responsibility of flex time of iowa and personal injury and. Flexible Working Toolkit V01 Solgrid for Solihull schools. If they are categorized as flex time request letter enables one request? Ms s in a deployed military spouse or decrease in? Not everyone benefits from a 9-to-5 schedule A flexible one wheel be the ideal alternative Flex time sensitive benefit employers as open as employees.
    [Show full text]
  • Happiness Is Flextime
    Please do not remove this page Happiness is flextime Okulicz-Kozaryn, Adam; Golden, Lonnie https://scholarship.libraries.rutgers.edu/discovery/delivery/01RUT_INST:ResearchRepository/12643410040004646?l#13643539350004646 Okulicz-Kozaryn, A., & Golden, L. (2017). Happiness is flextime. In Applied Research in Quality of Life (pp. 1–15). Rutgers University. https://doi.org/10.7282/T32V2JG0 This work is protected by copyright. You are free to use this resource, with proper attribution, for research and educational purposes. Other uses, such as reproduction or publication, may require the permission of the copyright holder. Downloaded On 2021/09/30 21:29:59 -0400 Happiness is flextime Adam Okulicz-Kozaryn∗ Rutgers - Camden Lonnie Goldeny Penn State Abington Thursday 2nd March, 2017 Abstract We study how working schedule flexibility (flextime) affects happiness. We use a US General Social Survey (GSS) pooled dataset containing the Quality of Worklife and Work Orientations modules for 1998, 2002, 2006, 2010, and 2014. We retain only respondents who are either full-time or part-time employees on payrolls. For flextime to be associated with greater happiness, it has to be more than just sometimes flexible or slight input into one's work schedule, that is, little flextime does not increase happiness. But substantial flextime has large effect on happiness{the size effect is about as large as that of household income, or about as large as one-step increase in self-reported health, such as up from good to excellent health. Our findings provide support for both public and organizational policies that would promote greater work schedule flexibility or control for employees.
    [Show full text]
  • Flexible Work Hours
    Travel Options Work Schedule Changes Flexible Work Hours FLEXIBLE WORK HOURS Description Flexible work hour programs (or Flextime) allow employees to work within a specific time range during the day, often avoiding peak traffic periods, though all employees work a core period of the day. For example, employees may work anytime during the hours of 6:00 AM and 6:00 PM, so long as they work an eight-hour shift. Ultimately, employees are allowed to set their own schedule with approval. Staggered work hour programs are a variation of flextime that varies the arrival and departure of groups of employees, but the employees may have no ability to choose their shift. These programs work well in manufacturing or plant operations to alleviate crowding at entrances/exits, elevators, and parking areas. Both of these programs distribute peak hour traffic to less Creative Class congested hours reducing commute times. Target Market . Local, state, and federal government agencies Cost: . Business in all sectors and industries Time: Short Unlike telecommuting, flextime can be more easily implemented by manufacturing and industrial businesses that rely on employee shift Impact: Region work. Who: City/Private Hurdles: None How Will This Help? . Reduce traffic volume and congestion during peak times by shifting drivers to less congested times . Increase productivity and reduce costs of overtime and sick leave for businesses that participate Implementation Issues Success Stories Flextime programs are easily created, but may be less . Texas Instruments began their appropriate for some employers. The private and public workplace flexibility program in 1993. sectors must partner to educate and encourage The company encourages its employees organizations to take advantage of this strategy.
    [Show full text]
  • Gender Pay Gap Series
    Gender Pay Gap Series Assessing the global picture Supporting gender pay and equity compliance How we can help What is the gender pay gap; playing field in terms of opportunity. The what is pay equity? topic attracts significant investor interest, The gender pay gap relates to the average and regulation is also increasing, meaning difference in pay between men and women. this is both a brand and financial issue. Pay equity or equal pay relates to the question of whether men and women are What is being done about it? paid equally for equal work. Many Most countries have legislation prohibiting organizations have a gender pay gap; this is discrimination in respect of employment typically influenced by a variety of issues, decisions and requiring equal pay for equal but particularly the lack of women at senior work. But the gender pay gap has been slow levels of the organization. That in itself may to close, prompting a number of be driven by a range of reasons, including governments to introduce more stringent lack of career progression, and occupational requirements. These range from requiring and career choices. It does not necessarily employers to report publicly on their gender indicate that there is discrimination either in pay gap, to more aggressive regulation such relation to pay or progression, but in some as requiring disclosure of compensation paid organizations, that may be a factor. to peers and bans on asking job applicants about their previous salary. Investor groups, Why does it matter? particularly in the US and UK, are also Narrowing the gender pay gap is not just becoming more active in using voting powers about addressing inequality.
    [Show full text]
  • Purpose: Flextime: Telecommuting
    Department of Medicine Division of General Internal Medicine General Internal Medicine Office Attendance Policy Effective Date: 7/1/2019 Purpose: To provide standards on office attendance for staff. The following entities are covered by this Policy: Division of General Internal Medicine At Duke, we understand the increasing demands that staff members face in their personal and work lives and recognize that their career is just one of the many aspects of their lives. In instances where time in the office may be affected as a result of a personal need, the following options may be discussed with your supervisor to help manage work schedules while continuing to meet work requirements. Flextime: If due to a unique personal need, a flextime working arrangement may be utilized with written agreement from the Division Chief, supervisor and staff member to ensure that during the central portion of the day or “core work time” all staff are present to support the office. In these cases, employees will maintain a standard work week with a modification to their schedules. Example- Mary worked with her supervisor to establish a flextime working arrangement so she would be able to pick her daughter up from school each day and participate in her after-school activities. Mary's flextime schedule allows her to come into work at 7:30 a.m. and leave at 3:30 daily. Telecommuting: Telecommuting (e.g. working from home), is not an organizational-wide benefit and or policy that is available to all employees, and in no way changes the standard policies, terms, and conditions of employment with Duke.
    [Show full text]
  • Guidelines for Flextime Lehigh University Human Resources Revised December 2006
    Guidelines for Flextime Lehigh University Human Resources Revised December 2006 FLEXTIME PROGRAM DESCRIPTION INTRODUCTION “Flextime” means a work schedule that includes designated hours during which an employee may, with the approval of the supervisor and under work unit plans approved by the department head, elect an alternative time of arrival and departure from work. It may also include required days or hours during which an employee subject to the work schedule must be present for work. Working hours must be balanced to meet the operating needs of the department and, if possible, an employee’s own personal preferences as to work hours. OBJECTIVES OF FLEXTIME The primary objectives of management are as follows: 1. To maximize productivity while maintaining or enhancing the level of service 2. To retain qualified employees 3. To improve the use of physical resources 4. To increase flexibility in meeting irregular scheduling needs 5. To minimize tardiness by providing make-up time within the flexible schedule 6. To reduce short term absences by providing opportunities for employees to conduct personal business without taking paid or unpaid leave. The benefits for the employee are as follows: 1. To improve the work environment and thus, morale 2. To add significant privilege to those privileges already available 3. To accommodate those persons for whom rigid work hours constitute a hardship, a barrier to other privileges, or even a barrier to employment. GENERAL GUIDELINES The supervisor reserves the right to approve or deny an employee’s proposed flextime schedule if it will interfere with the work to be done or the services to be provided.
    [Show full text]
  • Compensation
    GUIDE 3 Compensation KEY TOPICS audit compensation philosophy compensation policy compensation structure discrimination external equity flexible work internal equity merit office housework opportunity gap parity productivity socioeconomic inequality suppressed earnings transparency value of work wage gap Compensation issues exist throughout our profession arising from inequitable opportunities, valuation of work, and pay practices. Removing compensation gaps supports the influx, development, and retention of talent and the economic stability and growth of individuals, firms, and the profession. This guide discusses current wage gaps in architecture, how they occur, and what their impacts are and suggests steps for evaluating, establishing, and maintaining equity and parity in compensation. The University of Minnesota for the American Institute of Architects Equity and the Future of 3Architecture Committee 3.02 GUIDE 3 * COMPENSATION WHAT IS IT? What is compensation? Compensation is the sum of all tangible GAPS Women in the United States earn 80 cents per dollar and intangible value provided by earned by men for full-time work.1 That compensation employers to employees in exchange for in the United States is neither equal nor equitable is work. Employers use compensation to clearly reflected in the wage gaps that exist between almost every demographic—gender, gender identity, attract, recognize, and retain employees. sexual orientation, race, ethnicity, physical ability, Employees use it to achieve a standard age—for both salaried and hourly workers, regardless of living, gauge the relative value of their of education level, occupation, or industry.2 Here are additional gaps as of 2017: Compared to a dollar earned work contribution to an employer and to by white men, Asian women earn 87 cents, white women society, and make employment choices.
    [Show full text]