This year has profoundly affected Americans in terms of their mental health, as found in the most recent Stress in America 2020 survey, undertaken by the American Psychological Association (APA). Elevated stress is affecting both adults and younger generations, with health care, mass shootings, and concerns about global warming some of the top causes of concern. Many people are also adjusting to changes in their work environment, and some are returning to their workplaces after months working remotely. What legal obligations do employers have to their employees in terms of stress reduction, and what steps can they take to improve mental health and wellbeing in their organizations?
Organizations’ Duty Of Care To Reduce Stress In The Workforce
There is no express Act or stipulation regarding the requirement to alleviate the stress of work in the U.S. As pointed out by workplace law specialists, Lopez Law, The Fair Labor Standards Act establishes certain standards – including minimum hourly wages, overtime compensation, and some employee benefits, such as the fact that work breaks should count as work time. However, the Act does not limit the number of hours in a day or days per week that an employee can be required to work (including overtime), and does not restrict aspects such as vacation time, holiday, sick pay or severance. This is in contrast to many European countries, where stipulations regarding vacation time, for instance, are stipulated in various treaties and statutes.
Case Law On Work Stress
Case law exists that shows that workplaces that cause workers injuries because of stressful work environments can be liable for compensation claims. The case of Harper v Banks, Finley, White & Co. of Mississippi set an important precedent. In this case, the Plaintiff died of a severe stroke. The Workers’ Compensation Commission found that issues in his workplace contributed to a stressful environment – including long hours, profit sharing disputes, computer problems, and the compensation structure. Another case (Dietz v Workers’ Compensation Appeal Board) showed that hard, physical labor, undertaken during an arduous 14-day workday, caused the Plaintiff’s heart attack. Work stress can not only cause a company significant economic loss from compensation claims; it can also damage the company’s culture, hamper its ability to attract top talent, lead to fast employee turnover, and reduce employee performance and efficiency.
How Can Organizations Protect Workers Against Stress?
To reduce the chances of burnout and stress, board directors should analyze available data on aspects such as employee absenteeism and burnout, choose and effect stress management strategies and tactics, and carry out risk assessments if necessary. Managers should encourage feedback; inform workers regarding resources for conditions such as stress, anxiety and depression; and provide as many opportunities as possible to encourage health and safety at work. If signs of burnout are presented by employees, these should be identified and acted upon. Co-workers or managers who spot signs of stress should know the correct procedure for informing senior staff of the problem.
In the U.S. there is no single specific act regarding workplace stress. However, common law shows that organizations that create stressful environments for workers may have to pay compensation or damages. In order to create a healthy, happy working environment, executive directors, HR specialists, and managers should work together to ensure that stress is spotted and dealt with via effective, professionally recommended protocols.