Do employees have the right to smoke?

Article Abstract:

Efforts to limit workplace smoking have complicated labor relations, increased tensions, and even resulted in lawsuits. Typical issues that are part of the workplace smoking controversy include: second-hand or involuntary smoke, the civil rights of smokers and non-smokers alike, and worker safety. Experts are divided on some of the basic questions such as the potential health hazard of smoke to non-smoking persons. Court cases are cited which tend to indicate that constitutional claims for a right to smoke or to a smoke-free environment will be denied. Non-smokers may, however, win disability pay or other compensation because of their physical reactions to tobacco smoke. Smoking in the workplace tends to become a collective bargaining issue when affected workers are unionized. It is suggested that the concerned employer cannot afford to permit uncontrolled workplace smoking.

author: Colosi, Marco L.
Laws, regulations and rules, Human resource management, Occupational health and safety, Occupational safety and health, Smoking, Passive smoking, Nonsmoking areas

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A hospital cure for recruitment ills

Article Abstract:

Hospitals are currently experiencing shortages of nurses, pharmacists, and physical therapists because of a variety of factors, including intensive patient-care requirements and increased stress. Statistics reveal that the highest nursing turnover occurs within the first 18 months of taking a position, with turnover rates ranging from 58% to 20%. A 1986 study by Smith, Steward and Grossing reveals that pharmacy turnover rate in six Chicago-area hospitals was over 14%, and data from the American Physical Therapy Association indicates that while more therapists entered the work force between 1978 and 1983, the number of physical therapists in hospitals dropped by 5%, though there was a 7% increase in the number of therapists working in private offices. Reasons for the shortages are presented, and possible solutions are suggested.

author: Colosi, Marco L.
Research, Management, Recruiting, Employee recruitment, Nursing, Physical therapists, American Physical Therapy Association, Pharmacists

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Is your early retirement package courting disaster?

Article Abstract:

Many of the various early retirement plans have been challenged in the courts under the Age Discrimination in Employment Act (ADEA). This statute allows jury trials and double damages for workers who prove 'willful discrimination'. Previous cases indicate that the courts review the status of an early retirement plan as part of a bona fide employee benefit plan, the voluntariness of workers to enter the plan, and the possibility of camouflage for dismissing older workers. The validity of waivers of future claims against the organization is uncertain. Legal counsel should be obtained before implementing an early retirement program.

author: Colosi, Marco L., Rosen, Philip B., Herrin, Sara J.
Analysis, Employee benefits, Early retirement

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