Can you afford an employment lawsuit?

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Can you afford an employment lawsuit? …

Can you afford an employment lawsuit?
How about a fine for wage and hour violations? $376 Million and More Reasons to Love HotlinkHR 03.11.10

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  • 1. Can you afford an employment lawsuit? How about a fine for wage and hour violations? $376 Million and More Reasons to Love HotlinkHR
  • 2. KPA – COMPANY PROFILE • Nationwide compliance expert on Safety, Environmental, HR • Colorado Headquarters • 23 Years Experience • 3000 + Clients – Dealerships, Service, Repair • 20 Offices Serving 41 States • Compliance products and services – OSHA – DOT – EPA – Workers’ Comp – Background checking – Onboarding – Harassment – Red Flags – Onsite inspections – Online and onsite training and tracking – And many more…
  • 3. Presenter Jim Hendricks Partner with Ford & Harrison jhendricks@fordharrison.com
  • 4. Questions • If you have questions during the presentation, please submit them using the “Questions” feature • Questions will be answered at the end of the webinar
  • 5. E.E.O.C. • Handles charges of workplace discrimination • 93,277 charges field in fiscal 2009
  • 6. Types of Charges: • Disability: 21,451 • Religion: 3,386 • Retaliation: 33,613 • Age: 22,778 • Race: 33,579 • Sex: 28,028
  • 7. Reasons to Love HotlinkHR: • $376 million Recovered by EEOC in 2009 BUT • Does not reflect private litigation!
  • 8. What’s Up? • EEOC 2010 budget increased by $23 million.
  • 9. Handbooks – Important? • 10/20/09 10th Circuit Court of Appeals in Compton v. Rent-a-Center
  • 10. $1.5 Million More Reasons to Love Hotlink HR • EEOC and Colorado auto dealer settled case alleging dealership subjected female employees to sex discrimination and sexual harassment and fired older male employees because of their age. (EEOC v. Arapahoe Motors, Inc. d/b/a Ralph Schomp Auto. 1/6/10) • Company defense: Female owner, couldn’t discriminate against females. EEOC didn’t buy it. • Remedy other than $$: provide training
  • 11. Dealer Pays $85,000 to Settle EEOC Suite for Racial Discrimination and Retaliation • Racial epithets – using the N-word and making sales teams based on race. • Retaliation for complaining about unlawful discrimination. • Settlement: – $$ – Revise policy on non-discrimination and non- harassment – Yearly anti-discrimination training More Reasons:
  • 12. Dealer Pays $500,000 to Settle EEOC Harassment Suit • Need I say more? More Reasons:
  • 13. Mathis v. Phillips Chevrolet • GM with hiring authority at dealership, often noted ages of employment applicants by hand on their applications! • GM testified he was not aware that it was illegal to discriminate on the basis of age! • Court: Leaving managers with hiring authority in ignorance of the basic features of the discrimination laws is an “extraordinary mistake”: reckless indifference. ($100,000+)
  • 14. U.S. Department of Labor • Handles claims for overtime and minimum wage Examples: • Hiring • Secretary of Labor Hilda Solis VERY pro union/employee • Hired 250 new investigators
  • 15. Fiscal Year 2008 FLSA Violations: • $185.3 million collected for violations of the Fair Labor Standards Act’s overtime and minimum wage rules. • This does not include private sector lawsuits! • From 2001 to 2005 there was a 100% increase in cases filed.
  • 16. Free Consulting Time!!!
  • 17. James F. Hendricks Jr. Partner, Chicago Office 312-960-6118 jhendricks@fordharrison.com Atlanta Asheville Birmingham Chicago Dallas Denver Jacksonville Los Angeles Melbourne Memphis Miami Minneapolis New York Orlando Phoenix Spartanburg Tampa Washington, DC
  • 18. CONTACT INFORMATION The recorded webinar and presentation slides will be emailed to you today including your local representative’s contact information. www.kpaonline.com bross@kpaonline.com 866-356-1735