Delaware Employment Law Blog

Walking while you work was the topic of an earlier post. This post stays within the same theme--how to be healthy at work--but with a different perspective--mine.  I have some thoughts of my own on this topic. 

For one, I would cherish the opportunity to move more through the day without sacrificing working time.  It's not the walking part, really, as much as it's the idea of not sitting that I find attractive.  Basically, anything that involves me not sitting would be of value.  Alternatively, sitting comfortably and without permanently wrecking my posture would be a heck of an idea.

Somehow, I've never gotten around to buying one and my back really pays the price for my indecisiveness.  What's stopping me?  There's just too many from which I could choose!  But that's not to say that I haven't given it a lot of thought.  Here's the rundown on my years of searching.

There's the classic Herman Miller Aeron chair.  Everyone knows that the Aeron is pretty hard to beat when it comes to function and design.  Being a lover of modern furniture, I can admire the Aeron even for the story of its creation--and if you haven't yet read the story, it's a great story of perseverance and dedication, of leadership and teamwork.  Good stuff.  The Executive Aeron can be purchased for approximately $1,300. 

 

Herman Miller also offers the Mirra ($829) and Celle ($629) chairs as less pricey Aeron alternatives. Both chairs come in a variety of colors, which is an advantage over the Aeron.  Color is important. 

 

 

 

 

 

 

 

 

 

 

I have to pass on the Aeron because, honestly, it's just not "pretty" enough for me.  Yes, mock me if you will, but at least I'm honest.  I appreciate the aesthetic but I need more glamour than the black mesh has to offer. 

The Freedom chair by Humanscale is next in the rotation.  The Freedom chair (with headrest, of course), also has plenty of design awards on its resume and is known as one of the best in the ergonomic category.  But, to its credit, it comes in a variety of colors and textures, including leather, which happens to be my preference.  At around $1,000, the chair is priced competitively.  The Liberty chair, priced for under $800, is Humanscale's task chair alternative. 

 

 

 

 

 

 

 

 

 

 

Next up is Steelcase--the maker of the Walkstation treadmill-desk combo that prompted this post.  Steelcase has plenty to offer in the way of ergonomic seating, the two most popular choices being the Leap and Think chairs.   Both are offered in various colors and both have a contemporary look, with the Think chair's sleek, linear design being my preference between the two.

  

 

 

 

 

 

 

 

 

 

 

 

I've been known to be open to new things so it's not surprising that I've given a lot of thought to the out-of-the-ordinary seating options.  For instance, the HAG Capisco saddle chair (in red, below, $690 - $1,200) dares to be different.  Even assuming that it's as comfortable as could be and the look was where I wanted to go, the whole "saddle" concept just doesn't work for me.  The idea is that you can sit in the chair backwards (why, I haven't the foggiest).  Sorry, I wear too many skirts to make this a realistic possibility.  I'll pass, although I do love the height-adjustable feature. In my ideal office, I would have a height-adjustable desk, making this feature quite important.  

 

 

 

 

 

 

 

 

 

 

 

 

 

The same principles go for the "stool" option but, in the interest of fairness, I'll list them anyway.   The Swopper Stool by Via (left, $600) is designed to force its user to keep their balance by engaging their abdomen muscles instead of letting us lazy office workers slump over in our traditionally terrible posture.   The HAG Balans Kneeling Chair (right) is even less likely to ever see the four walls of my office.  I've witnessed these in use and, unless you work at a health club or in another industry where you are expected to wear clothes designed for comfort, this option is just impractical.  My devotion to improved posture is not this strong.   

 

 

 

 

 

 

 

 

 

 

 

Now let's get to the serious contenders.  If and when I get around to breaking open the office-chair-piggy-bank, there are just two that make me stand up and cheer. 

First is the Steelcase Leap Worklounge Chair in Leather ($2,700-$3,400 depending on options).

It's beautiful.  And that's exactly why I like it.  It comes in white leather, which is my favorite upholstery option (practicality be damned).  There is also an optional ottoman but who has time to put their feet up?  We're working too hard to afford the chair!

 

 

And then there's the ultimate in luxury office seating, the Silver chair by Interstuhl.  Interstuhl is a German company and brings German precision to its line of couture office furniture.  I could say more but the pictures speak for themselves. 

 

 

 

Beauty is not cheap.  The base model in black will cost you around $4,500.  But why stop there?  If you're going to do luxurious, go all the way.  And Interstuhl has just the chair for satisfying the maximum luxury quotient.  

For a mere $65,500, you can be one of the lucky owners of the world's most expensive office chair.   You'll get not just the chair but the matching ottoman, as well, both of which are plated in 24-karat gold.

 

The chair has even had a few roles on the silver screen.  It was used as Al Pacino's chair in the movie Ocean's 13.  And, more recently, made a cameo in the latest Bond film, Quantum of Solace.

 

What are your resolutions for 2009? I predicted the top 5 workplace resolutions based on the popularity of various topics on the blog. One of the most popular topics in 2008 was Corporate Wellness.  There's no time like the present so why wait to get fit?  If you're ready to jump on the healthy-employee bandwagon, here's an interesting way to get started: the treadmill desk.  We've written before about this fascinating workplace wellness concept. 

The premise is this:  Healthy employees are productive employees.  To be healthy, employees need to move.  Moving employees aren't being productive.  It's a vicious circle. 

Until now, that is.

Steelcase is trying to change that with its Walkstation treadmill desk.  The Walkstation is, in a basic sense, a treadmill and an adjustable desk.  Using this nifty tool, employees can walk while they type, talk on the phone, or review documents.  Employees aren't asked to jog while working, though.  The treadmill runs at speeds of 0.3 - 2 mph. 

Health doesn't come cheap, though.  A single Walkstation will set you back about $5,000.  According to Steelcase, employers are buying single units to be shared among several employees, who can reserve the unit for small periods during the workday.

I have some thoughts of my own on this topic.  For one, I would cherish the opportunity to move more through the day without sacrificing working time.  It's not the walking part, really, as much as it's the idea of not sitting that I find attractive.  Basically, anything that involves me not sitting would be of value. 

I'm also in touch with the fact that I am just not that coordinated.  The thought of me trying to walk on a treadmill in 4" heels while typing an e-mail to opposing counsel is funny to me, even funnier to anyone who's seen me try to walk and chew gum at the same time.  I think it's a disaster waiting to happen.  So what would be my preferred alternative?   Stay tuned to find out.

Employee health and wellness is spreading beyond corporate giants. Small businesses are joining together to share ideas and resources as part of a corporate-health strategy.  Health and wellness programs are attractive (or should be) to small employers for a variety of reasons. 

For one, smaller business are more vulnerable to attendance problems. It's a matter of statistics--when staffing is lean, an out-of-work employee can cause a chain reaction of problems that affect the entire organization.  Consequently, these businesses benefit from having a workforce that is less afflicted by health problems.

From a different perspective, wellness plans can be seen not only as a preventative step that benefits employers but also as an additional benefit to employees.  In tough economic times, employers are less likely to offer big bonuses or large annual increases.  Yet, employees value wellness programs, leading to increased employee retention and improved recruitment efforts.

Although small-businesses may be fairly new to the employee-wellness scene, the idea is not a new one.  For additional reading on employee-wellness programs, see these earlier posts:

1. State Employees Will Go From Fat to Fit--Or Else

2. Health vs. Privacy: Employers Continue to Juggle Both

3. What Does It Take to Be "Best Place to Work"?

4. Three Days of the Bar Exam and the Next Great Wellness Benefit

5. These Pumps Were Made for Walkin'

6. Are Employers Getting Pushy About Weight Loss?

7. Employers Should Know that Cancer Screening Saves Lives . . . And Money

8. More Employers Giving the Gift of Wellness--via gift cards

9. Employee Blogs as Part of Corporate Wellness Programs?

10. Employees, Prepare to Get Healthy, Like It Or Not!

11. DelaWELL, Delaware’s Health-Management Program, Wins NASPE Award

12. DOL Offers Compliance Checklist for Wellness Programs

13. Are Today's Wellness Programs Running Out of Steam?

14. A Role Model for Wellness Programs: ING Direct

Workplace discrimination based on smoking habits and tobacco use has garnered national attention as a wide-spread employment practice.  Weyco, Inc. was the first large employer to make the news for its tough stance against smoking when it fired several employees after they failed to quit smoking.  Its actions have been at the center of the debate of an employer's right to control the on- and off-duty conduct of its employees.  (See the list of prior posts on this topic, below). 

Now, PETA, People for the Ethical Treatment of Animals, an organization perhaps best known for throwing blood on people wearing furs, has called on Weyco to take its policy to the next level. PETA has written to Weyco President Howard Weyers urging him to hire only vegetarians.

In its letter, PETA points out that the consumption of meat and other animal products has been conclusively linked to heart disease, diabetes, several types of cancer, and obesity. PETA also recommends that the company provide employees with free vegetarian lunches--a program that PETA is offering to help implement--to improve the health of the company's current employees.

"When you take into consideration all the diseases that have been linked to meat consumption, it adds up to a mountain of health care costs," says PETA's Ashley Byrne. "Discouraging smoking is a great idea, but if Weyco really wants to get serious about cutting costs, it'll urge its employees to ditch drumsticks as well as cancer sticks."

 

Other Posts on Smoking in the Workplace:

A Whirlpool of Excitement about Rights of Employees Who Smoke

Delaware Employers & Smoking Employees (Part 1) Smoking Breaks

Delaware Employers & Smoking Employees (Part 2) Charging Smokers Higher Health Care Premiums

Delaware Employers & Employees Who Smoke (Part 3) Employee Incentive Programs Targeted to Smokers

Delaware Employers & Employees Who Smoke (Part 4)

Employer Quits Its Smoking Policy

Not Everyone Is Fired Up About Smoking Ban

Blogging is good for you.  Wellness programs are intended to improve the overall health and well-being of employees. So why not combine the two?  Seems like a reasonable idea to me. 

 

 

Kevin O'Keefe at Real Lawyers Have Blogs posts about an article from Scientific American magazine that explores the therapeutic benefits of blogging.  From the article, written by Jessica Wapner:

Self-medication may be the reason the blogosphere has taken off. Scientists (and writers) have long known about the therapeutic benefits of writing about personal experiences, thoughts and feelings. But besides serving as a stress-coping mechanism, expressive writing produces many physiological benefits. Research shows that it improves memory and sleep, boosts immune cell activity and reduces viral load in AIDS patients, and even speeds healing after surgery.

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Scientists now hope to explore the neurological underpinnings at play, especially considering the explosion of blogs. According to Alice Flaherty, a neuroscientist at Harvard University and Massachusetts General Hospital, the placebo theory of suffering is one window through which to view blogging. As social creatures, humans have a range of pain-related behaviors, such as complaining, which acts as a “placebo for getting satisfied,” Flaherty says. Blogging about stressful experiences might work similarly.

The "self-help" implications of blogging seems to be a powerful incentive for Employee Assistance Programs (EAPs) to consider adopting blogs into their repertoires.  Of course, employers should decide in advance whether employees will be permitted to blog about work and implement a blogging policy if one doesn't already exist.

Employers have asked, "How can I help an employee who is returning to work after fighting cancer?"  Most employers know that serious medical conditions and the workplace can make for a dangerous mix but still want to do whatever they can to support their employees during this difficult time.

The American Cancer Society reports that most employees with cancer will return to the workplace during or after their treatment. An article in the New York Times provide some excellent advice on successfully transitioning back to the workplace:  Some suggestions include:

1. Employees should ease back to work. They might just not be physically able to return full time.  Return to work should be seen as a "process" rather than a "day." 
2. Communication is key. Open communication will enable a supervisor to hold back less critical assignments while an employee's strength returns.
3. Keep Co-Workers Involved.  Many co-workers will be concerned about an employee fighting cancer. Concern is good, distraction is not. The article suggests that employees consider using online services to update co-workers about treatment progress so that they are aware of appearance changes and have reasonable expectations about the situation.
4. Shutdown Uncomfortable Conversations.  One of the most common complaints of cancer survivors is co-workers telling stories about relatives who have or had cancer.  While these employees mean no harm, their stories usually are the last thing a survivor wants to hear.  The article suggests that they tell employees that they are sorry about the relative but their situation is different and they feel good.

N.Y. Times article: Continuing to Heal After Returning to Work.

Summer means an influx of teen workers for many employers. Teen employees bring with them a unique set of legal issues of which businesses should be aware. Here are some ways to get ready for this year’s youth initiative.

Department of Labor

The U.S. Department of Labor (DOL) has published a web page that’s loaded with information and suggestions to help employers keep their teen-aged workers safe and to keep themselves in compliance with child labor laws this summer. Not all employers are aware of state and federal restrictions on the activities in which teens are permitted to engage at work. Alert employers will want to review this page, click on the links, and plan the steps they will take to decrease the risk that their teen employees will be injured at work.

The Delaware Department of Labor (DDOL) also has information about state child labor laws available in booklet form. A brief summary is available on the DDOL's website.

Sexual Harassment Awareness

Employers should also take steps to address the special vulnerability of teen workers to sexual harassment. As an item on this blog noted a few weeks ago, an ABA Journal story reported that the number of teen-aged workers filing sexual harassment charges is on the rise. Teen workers are often part-time or seasonal, and may be in the workplace for the first time. They tend to fall between the cracks when it comes to training. Many restaurants, movie theaters and retail stores have teen-age supervisors and managers as well as workers. Teens tend not to realize that the standard of conduct at work is different from what’s permissible in a social setting.

Bottom Line

To minimize their risks, employers who hire teen-agers must make a strong effort to educate them (and their supervisors) about harassment, retaliation and workplace safety in a meaningful and understandable way.