Jessica Ollenburg, CMC CPCM, Partner
The business case for age-friendly workplaces is strong. The trajectory of employer response is steep, and competitive edge will posture on employer response moving forward.
By the Numbers: The Cornell University Employment and Disability Institute reports that 85% of Baby Boomers plan to continue working after retirement. Nearly half plan on working into their 70s and 80s. Similarly, according to report by a U.S. Senate special committee, the number of older workers is right now growing at a rate that outpaces overall growth in the labor force. By 2026, workers age 55+ will comprise 25% of workforce. As of 2010, BLS advises that 20% of workers were already over age 55.
Navigating the Law with Precise Execution: The Senior Citizens' Freedom to Work Act amends Title II (Old Age, Survivors and Disability Insurance - OASDI) of the Social Security Act to repeal the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits. As a result, most aging workers are only semi-retiring, and many have been “unretiring.” The Gig economy via self-employment is strong, yet age discrimination claims are a fast-growing category. Aging workers can present substantially different needs and often seek substantially different benefits. Legal experts to include us are diligently carving new employment classifications and court-recognized standards to safeguard employers as we powerfully construct new win-win opportunity for employers and aging workers alike.
What Aging Workers Want? Motivation and passion can be strong in the aging workforce, but these factors are not necessarily the same as for other age groups along Maslow’s scale and lifecycle stages. If we allowed ourselves to stereotype for sake of addressing most popular needs, we’d consider that aging workers tend to seek the following:
Viable work options and meaningful employment.
Respect for abilities and experience.
Inclusion rather than tokenism.
Equal access to skill acquisition.
Equity in mobility and promotions.
Reasonable accommodations.
Flexible work schedules.
Details and Case Study:
As Affirmative Defense Experts we are crafting new employment classifications for OASDI beneficiaries. While the internal experts at each employer need to robustly participate, we are strongly recommending involvement of 3rd party court-recognized experts to certify each employer’s efforts as reasonable care in avoidance of fine and/or costly complaint. The upside is extraordinary if the holes are carefully plugged. Among the caveats, the option of reclassification needs to be a benefit, not a discrimination. Employers must avoid real and/or perceived noncompliance with FLSA, EEOC, HIPAA, ERISA, ADA and all relevant statutory or case law.
Employment characteristics under specific review include scheduling requirements, remote work, technology use, working conditions; job descriptions, performance appraisals, benefits, equipment operation, safety and a wealth of relevant policies. By law, data collection and chain of custody must be carefully controlled. Advance agreements between employee and employer should not minimize accountability but should rather hold all accountable with clearly documented benchmarks, evaluations and retained evidence. In lieu of group health insurance, where applicable, onsite wellness, financial literacy, caregiving, job modification and other targeted benefits can be key to demographic success.
We have learned definitively that aging workers can bring perspective, mentorship and positive culture where we properly carve out expectations and offerings. Younger employees appreciate working for an employer who promises them similar good care on their horizon; and this becomes a critical twist upon the default viewpoint of unfair bias through “halo effect” upon the aging worker. Organizational communication and deBono’s Six Hats of Thinking are among popular workshops to catapult productivity and problem solving among differentiated work groups.
“Tired bodies” may or may not produce “tired minds.” That said, we are finding each and every employer who properly undertakes this mission to be enjoying the benefits of 1. Mitigated talent shortage, 2. Improved productivity, and 3. Avoidance of legal/fiscal risk, at a minimum. While we continue to encourage the facilitation of such efforts by deployment of 3rd party court-recognized experts, we pledge the ability to craft and/or properly safeguard these blueprints to success. Please contact Ollenburg LLC or your own legal experts for more information.