With Experimental Benefits Come Additional Legal Considerations -
Corporate experimentation, combined with innovative employment practices designed to promote more flexible work environments, may be transformative. These practices, if implemented properly and with the right intention, have the potential to dramatically change the workplace for the better. However, if introduced hastily with unstated goals that are inconsistent with the goals more publicly stated, these practices may be harmful to employees and company morale, potentially leading to lawsuits against the employer for labor and employment law violations.
These programs, which are being implemented by many start-up companies as well as larger corporations such as Netflix, Virgin America, Best Buy, Microsoft and GE, provide salaried employees with unlimited paid time off. If the company culture is aligned with stated purposes and goals, employees are empowered to manage their work and personal schedules in a way that serves their needs so long as they are getting their jobs done. Employers ultimately benefit from such policies because they can lead to a more engaged workforce and reduce administrative overhead by removing the need to process and track vacation, family leave and sick time usage.
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