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  • This will not be your typical lawyer blah blahblah presentation. This is a no-holds-barred, fight to the finish white knuckle death cage competition-o-rama. The first thing we’re going to divide this room into 2 teams who will compete for valuable prizes. Name ‘em.
  • Tool Box available on Blawg today. Cheat sheets on every major law, sample SM policy, termination tools, interview checklist, even a handy glossary to the EL alphabet soup.Really want you to get your money’s worth today.
  • Here’s our official blog address where you can find the Tool Box plus this PPT plus a whole lot more.And where to find me on Twitter. At tables should have sign up sheet for our bi-weekly “Stay Out of Jail” EL Alerts where we try to boil all the latest happenings in the EL universe onto a single page. If not, you can sign up on the Blawg.
  • Because I’m a lawyer, I have to start w/some legalese. Here’s our official disclaimer …The presentation you are about to witness should not be relied upon or construed as legal advice. For specific information on recent legal developments, particular factual situations or the effect of a particular law, the opinion of qualified legal counsel should be sought. Failure to stay awake for the remainder of this presentation could result in potentially long-lasting side-effects, including litigation headaches, recurring nightmares and/or severe gastrointestinal discomfort from having to spend too much time with lawyers.And please pleaseplease consult with your own Legal and/or HR departments before making any major changes.In other words, you can’t sue me, ManpowerGroup or anyone else based on anything you hear today. You have been warned.
  • OK, ready to get started? To get the competitive juices flowing, we’re going to start off with the time-honored sports tradition of the wave. But this is not just any wave. This is a competitive wave. Whichever team does it the most enthusiastically will start off our competition with 5 special bonus points. Demo (whee!).
  • Start with my personal favorite category. Lawsuits lawsuitslawsuits. No better place to start than with actual facts of who’s suing whom for what and how much. Great reality check for just how much you should be afraid and why.
  • Nearly 100,000 cplts filed with EEOC. Most in 45-yr hx.
  • First time ever. Overtook race.
  • Anyone here do any biz in CA? My legal advice? MOVE.
  • Here’s a handy chart we put together based on the latest EEOC data, jury verdict research and other sources.If you have a single P and no horrible facts (which could include anything from an exec perpetrator, to really lewd allegations, to no policy or training or no investigation or a physical assault and/or retaliation), expect to pay anywhere from $0 to 50 thousand to settle. That’s 32% of the cases out there.If you have a single P with some horrible facts, expect to pay $51-100K. 28% of the cases.Expect to pay between $100K to 1 million for any systemic case and/or horrible facts. The more you have of either, the closer you’ll be to the million mark. 39% of cases.Million-plus cases are those with a BIG pattern and/or realllly horrible facts. Only 1% of cases.
  • So, to sum up what’s NEW on the lawsuit front, it’s two little words: MORE MORE. There’s:More enforcement. Govt continues to commit unparalleled resources to enforcement. Up for 3rd straight year.More lawsuits: 1 out of every 5 companies has more than 50 pending EL disputes.More big lawsuits: 4 out of every 10 large companies has at least one suit seeking $20 million or more.More investigations: a whopping 91% say they expect investigations to increase or stay the same this year with only 9% anticipating a decrease.And more costs: the median litigation spend was up 40% in the past year, to $1.4 million.Yikes. (That’s a legal term.)
  • So, what’s next? More MoreMORE. Even more enforcement, class actions and litigation costs are projected in 2012.
  • Unfortunately, that’s exactly what we see. [Cite recent examples.]
  • In other words, pick the best qualified candidate based on the job’s essential functions. Do that, you’re fine. Don’t, you’re not.
  • Blizzard of stats that change virtually every day. Think SM isn’t changing things fast? (Read ‘em quickly.)
  • Here’s a question based on a recent survey (read) …
  • If you’re under the age of 22, the Internet apparently beats listening to music, getting together w/friends and even dating. Wow. As the parent of 20-year-old twins, I’m officially concerned for the future of our world.
  • Employer stats are fascinating and fast-changing, too. (Read ‘em.)Last # more than doubled worldwide vs. last year. More than twice as many companies banning SM than a year ago.
  • Changing approximately every 0.3 seconds.Have a rsbl policy that doesn’t violate the NLRA AND consistently enforce it. Will talk about how to build a policy that fits your company in a moment.Practically everybody’s got one by now but almost no one enforces it.Consider SM agreements, esp for bloggers. Case a few weeks involving a company called PhoneDog in which dispute arose over who owned a departed employee’s 17,000 twitter followers: company or departed tweeter? Er in that case won temporary victory (on appeal) but why mess around? Have policy and signed agmt saying owned by co. and that all passwords, etc. relinquished at end of empt.Educate team BEFORE there are issues.
  • Again, Be ConsistentTreat applicants equallyApply searches to ALL applicants or at least specified categories or departmentsUse at the same phase of the interview process to ensure consistencyDesignate Searchers who actually know what they’re doingChoose one employee, or a very small group or a neutral 3rd party that’s trained in how to do thisPlease don’t use the hiring manager – they might discover all sorts of things you wish they hadn’tLimit the Scope of the searchAs always, the focus should be job-related, job-related, job-related. If it’s not, don’t do it.Of course, don’t search or consider any protected informationAnd restrict searches to certain approved sites
  • Disclose – tell applicants if you’re going to use SM to screen on applications, etc.And document documentdocument -- the consistent process, the legit biz reasons for not hiring and then retain those docs consistent with your retention policies and never ever destroy evidence.
  • Deep thought. Don’t just adopt SM policy found online. 1 size mosdef doesn’t fit all.If overbroad, could run afoul of NLRB rules.
  • Living breathing doc. Don’t let it die.
  • Allegations included that the Plaintiff was required to be on call QUOTE “from the earliest waking hour, for being responsive to the slightest need throughout the day, and for addressing spontaneous, random matters in the middle of the night” as well as QUOTE “maintaining the availability of defendant's personal supplies, ensuring the availability of chosen outfits, ensuring the promptness of a towel following a shower and serving as a personal alarm clock to keep defendant on schedule.” So, who was that alleged offender?And please don’t treat your employees like that.
  • It’s scientifically proven. Study after study shows that workers who feel valued by their employers are more engaged,better team players, more productive and — as an added bonus — waaaaaaaaaaaaaaaay less likely to sue. In fact, a study someone forwarded me just yesterday found that 87% of employees want a company “that truly cares about the well being of its employees” whereas only 66% said a high salary was very important.So … Want fewer lawsuits? LOVE your employees. Want fewer unions? LOVE your employees. Want less government regulation and investigation? LOVE your employees. Want more engagement, productivity, retention AND profit? LOVE your employees. Things are pretty rough out there. Treat everyone around you the way you’d like to be treated – with dignity,respect … and LOVE.It’s really that simple.
  • TOP 11 LITIGATION TIPS IN THE HISTORY OF THE UNIVERSE(Please note: Most top ten lists only go to ten. Ours go to eleven. We reallllly want you to get your money’s worth.)#11. Investigate and document ALL claims. Even those against your CEO or superstar salespeople.#10. Never ever everever retaliate. Retaliation is now the #1 most common claim filed with the EEOC. Please don’t join the crowd.#9. Establish litigation budgets and use fixed/flat fees. Law firms love it when you don’t manage litigation costs closely. Make lawyers live by budgets just like everyone else.#8. Conduct early case evaluations. Game plan your litigation strategy early on. If settlement is appropriate, do it before you rack up lots of attorneys’ fees.#7. Follow your own policies and contracts. Judges and juries hate it when you don’t.#6. If it ain’t job related, it ain’t job-related. Want to get sued for discrimination? Make decisions based on factors that aren’t 100%  job-related.#5. Address known and systemic issues. Now. Please. Especially wage & hour issues and especially in California.#4. Model ethical behavior at the top. Want your whole organization to go under? Ignore this rule.#3. Take the Mom Test. When all else fails, ask yourself this simple question before you make any employment decision: “What would my mother think?”#2. Know the law. It’s changing faster than ever. Tune into the Blawg at least every 15 minutes to keep up.#1. Love your employees. Treat others the way you’d like to be treated and you’re waaaaaaay less likely to wind up in court and/or jail.
  • Well, according to lots and lots of studies, we are ALL super stresssssssssed.80% of jobs are now officially sedentary. Recent studies show the more you sit the more you stress and the sooner you die. 62% of us say our workloads have increased the last 6 months. 40% of us are sleep-deprived zombies. A third of us are chronically overworked. Despite all the technological advances, we are working 8 more hours a week than our parents. And 1 in 25 of our bosses is a certified psychopath. The fact that that # is 4 times the normal population really makes you wonder what’s going on in our workplaces.
  • The bottom line: more stress = more suits. According to the American Institute of Stress (pretty sad that there is such an organization), between 200-300 billion is lost each and every year due to all the stress-related stuff you see there on your screen.Which brings us to the answer to our Tweetorama. If you had to boil down all of employment law and HR down into 1 word, we believe that the very best answer would be …
  • While we wait for those texts to roll in, we really wanted to get at the crux of all the employment disputes out there. It’s our hunch that stress just might have something to do with it. We asked you on a scale of 1-10, how stressed are you right now, with 1 being “perfectly at peace” and 10 being “absolutely freaking out of my gourd.”Unfortunately, it appears that our suspicions were right. More of you are leaning toward the high stresssss side of things. The #1 answer was 7 and #2 was 6. Sadly, only 2% of you are perfectly at peace. 8 times more of you are freaking out of your gourds.
  • It’s scientifically proven. Study after study shows that workers who feel valued by their employers are more engaged,better team players, more productive and — as an added bonus — waaaaaaaaaaaaaaaay less likely to sue. In fact, a study someone forwarded me just yesterday found that 87% of employees want a company “that truly cares about the well being of its employees” whereas only 66% said a high salary was very important.So … Want fewer lawsuits? LOVE your employees. Want fewer unions? LOVE your employees. Want less government regulation and investigation? LOVE your employees. Want more engagement, productivity, retention AND profit? LOVE your employees. Things are pretty rough out there. Treat everyone around you the way you’d like to be treated – with dignity,respect … and LOVE.It’s really that simple.
  • Volutneer button pusher?
  • As always, thanks so much for your time and input. We really appreciate it!

North Carolina SHRM Presentation North Carolina SHRM Presentation Presentation Transcript

  • Everything You Ever Wanted to Know About (But Didn’t Want to Pay a Lawyer to Ask) Mark Toth Chief Legal Officer – North AmericaAugust 16, 2012
  • Today’s AGENDA Smartest HR Person in the Universe Competition All the Latest Developments How to Get Sued Big Now Employment Law Sing-a-long Employment Law Tool BoxManpowerGroup | August 16, 2012 2
  • marktoth.com @manpowerblawgManpowerGroup | August 16, 2012 3
  • Official Disclaimer The presentation you are about to witness should not be relied upon or construed as legal advice. Failure to stay awake for the remainder of this presentation could result in potentially long-lasting side-effects, including severe disengagement, plummeting productivity, increased litigation and/or severe gastrointestinal discomfort from having to do all the work in your company because everyone else leaves. Please consult with your own HR and/or Legal departments before making any major policy and/or procedure changes. You have been warned.ManpowerGroup | August 16, 2012 4
  • SMARTEST HR PERSON IN THE UNIVERSE COMPETITIONManpowerGroup | August 16, 2012 5
  • LAWSUITS LAWSUITS LAWSUITSManpowerGroup | August 16, 2012 66
  • According to a recent study, what‟s the #1 legal headache for U.S. businesses? A. Environmental regulation B. Patent protection C. International contract laws D. Employment law disputes E. LawyersManpowerGroup | August 16, 2012 7
  • According to a recent study, what‟s the #1 legal headache for U.S. businesses? A. Environmental regulation B. Patent protection C. International contract laws D. Employment law disputes E. LawyersSource: Fulbright & JaworskiManpowerGroup | August 16, 2012 8
  • According to the latest data, what are an employer‟s odds of winning at trial? A. It is unlawful for employers to win B. 22% C. 48% D. 68% E. 88%ManpowerGroup | August 16, 2012 9
  • According to the latest data, what are an employer‟s odds of winning at trial? A. It is unlawful for employers to win B. 22% C. 48% D. 68% E. 88%Source: Jury Verdict ResearchManpowerGroup | August 16, 2012 10
  • What hit record highs last year? A. EEOC complaints B. EEOC recoveries C. EEOC class actions D. EEOC love notes from employers E. All of the above except “D”ManpowerGroup | August 16, 2012 11
  • What hit record highs last year? A. EEOC complaints B. EEOC recoveries C. EEOC class actions D. EEOC love notes from employers E. All of the above except “D” Source: EEOCManpowerGroup | August 16, 2012 12
  • What‟s the #1 most common discrimination claim?A. AgeB. National OriginC. RaceD. RetaliationE. SexManpowerGroup | August 16, 2012 13
  • Retaliation is #1 1. Retaliation (36,258) 2. Race (35,890) 3. Sex (29,029) 4. Disability (25,165) 5. Age (23,264) Source: EEOCManpowerGroup | August 16, 2012 14
  • Which of the following is most likely to result in a humongous class action?A. I-9 violationsB. OSHA violationsC. FMLA violationsD. Wage and hour violationsE. Doing business in CaliforniaManpowerGroup | August 16, 2012 15
  • Which of the following is most likely to result in a humongous class action?A. I-9 violationsB. OSHA violationsC. FMLA violationsD. Wage and hour violationsE. Doing business in CaliforniaManpowerGroup | August 16, 2012 16
  • Everything You Ever Wanted to Know About Employment Law (But Didn’t Want to Pay a Lawyer to Ask)lawsuitslawsuits DEALlawsuits Or No?© 2011 ManpowerGroup 17
  • How Much Will YOU Pay? $100K - $1M+: $0 - 50K: $51-100K: Big pattern 1 plaintiff + 1 plaintiff + $1M: +/or no horrible horrible Pattern +/or reeaaallllllllly facts facts horrible horrible (32%) (28%) facts facts (39%) (1%)ManpowerGroup | August 16, 2012 18 Sources: EEOC, Jury Verdict Research
  • More MoreMore enforcement: up for third straight yearMore Suits: 1 / 5 has 50+More Big Suits: 4 / 10 have suit seeking $20M+More Investigations: 91% expect increase or stay sameMore Costs: median spend up 40% to $1.4M Sources: Fulbright, Seyfarth Shaw, Jury Verdict ResearchManpowerGroup | August 16, 2012 19
  • What‟s Next? More More MoreEven More EnforcementEven More Class ActionsEven More $$$Big Targets: • Systemic • Wage and Hour • Inflexible Leave • Pregnancy/Caregiver • Exec MisconductManpowerGroup | August 16, 2012 20
  • TECHNOLOGYTECHNOLOGYTECHNOLOGYManpowerGroup | August 16, 2012 2121
  • True or False? None of the laws that apply in the real world apply in the social media universe and therefore I can completely lose my mind and absolutely anything goes.ManpowerGroup | August 16, 2012 22
  • Same old laws … Non-discrimination Adverse impact FCRA GINA NLRA Negligent Hiring Off-duty Conduct Arrest & Conviction RecordManpowerGroup | August 16, 2012 23
  • Same old test … job- job- related related job- relatedManpowerGroup | August 16, 2012 24
  • Latest Stats: Employees62% “couldn’t live without the Internet”53% would rather lose nose than Facebook48% would swap pay for SM access29% access X-rated sites28% have posted work-related photos22% have posted/tweeted about a co-worker21% would turn down a job if unsocialSources: Cisco, Pew Research Center, McCann WorldGroup, Nielsen, DLA PiperManpowerGroup | August 16, 2012 25
  • Question: How do those about to enter the workforce rank the following in order of importance?A. Social Activities, Romance, Music, InternetB. Internet, Social Activities, Romance, MusicC. Music, Social Activities, Internet, RomanceD. Romance, Internet, Music, Social ActivitiesManpowerGroup | August 16, 2012 26
  • Question: How do those about to enter the workforce rank the following in order of importance?A. Social Activities, Romance, Music, InternetB. Internet, Social Activities, Romance, MusicC. Music, Social Activities, Internet, RomanceD. Romance, Internet, Music, Social ActivitiesSource: CiscoManpowerGroup | August 16, 2012 27
  • Latest Stats: Employers73% do no SM training68% monitor internet activity58% say SM benefits outweigh risks56% block access to some sites45% use SM to screen31% have disciplined for postings about employer25% have disciplined for excessive SM use19% ban SMSources: SHRM, Clearswift, DLA Piper, CiscoManpowerGroup | August 16, 2012 28
  • What Are Employers Really Using?95% LinkedIn58% Facebook42% Twitter29% Professional/Association Sites3% MySpace1% Foursquare1% Second Life6% OtherSource: SHRMManpowerGroup | August 16, 2012 29
  • What Are Employers Really Finding? 35%: Bad Stuff 18%: Good Stuff• 53% inappropriate photos/info • 50% good personality• 44% drugs/alcohol • 39% strong qualifications• 35% disparaging comments • 38% creative abilities• 29% bad communication skills • 35% good communication skills• 26% discriminatory comments • 19% valid references• 24% lies about qualifications • 15% awards/accoladesSource: MindflashManpowerGroup | August 16, 2012 30
  • Which of the following is NOT an actual employee tweet? A. “Hate my job!! I want to tell my bosses how dumb they are and how meaningless this job is, then quit, and be happy!” B. “So my job was to test all the food at the new restaurant, can I just say, ughew. I’m going to taco bell.” C. “Smoking weed at work is so [expletive] great” D. “I’m really bummed that I’m working today, I asked off so I could study but my boss is a [expletive] who can’t read.” E. “I am working really hard right now and feel very fortunate to have a job.”ManpowerGroup | August 16, 2012 31
  • Which of the following is NOT an actual employee tweet? A. “Hate my job!! I want to tell my bosses how dumb they are and how meaningless this job is, then quit, and be happy!” B. “So my job was to test all the food at the new restaurant, can I just say, ughew. I’m going to taco bell.” C. “Smoking weed at work is so [expletive] great” D. “I’m really bummed that I’m working today, I asked off so I could study but my boss is a [expletive] who can’t read.” E. “I am working really hard right now and feel very fortunate to have a job.”ManpowerGroup | August 16, 2012 32
  • Stay Out Of Court Basics Adopt a Reasonable Policy Consistently Enforce It Don‟t Intercept, Steal or Deceive Train Searchers + Managers Monitor But Don‟t OverreactManpowerGroup | August 16, 2012 33
  • Search Checklist Be Consistent • All candidates or certain categories/departments • Same phase of interview process Designate Searchers • One employee, small group or 3rd party • Not hiring manager Limit Scope • Job-related, job-related, job-related • Restrict to certain approved sites • No age, race, religion, disabilities, genetics or other protected infoManpowerGroup | August 16, 2012 34
  • Search Checklist Disclose • Notify candidates that may use SM • Include on applications and other documents Document • Consistent process • Note legitimate job-related reasons for not hiring • Follow document retention policiesManpowerGroup | August 16, 2012 35
  • building theperfect social media ManpowerGroup | August 16, 2012 policy 36
  • 10 Essential Elements Tie to Vision + Handbook + Code Set Clear + Reasonable Expectations Define SM Brooooooooadly Protect Trade Secrets/Confidentiality Clarify Who Owns WhatManpowerGroup | August 16, 2012 37
  • 10 Essential Elements No Disparagement/Harassment Respect Copyrights NLRA Disclaimer Duty To Report Violations “Up to and including discharge”ManpowerGroup | August 16, 2012 38
  • SM Policy Starter Kit Latest Legal Developments Official NLRB Policy Official Blawg Sample Policy Other Fortune 500 Policies SM 101 ArticlesManpowerGroup | August 16, 2012 39
  • MEDICAL MEDICAL MEDICALManpowerGroup | August 16, 2012 4040
  • What‟s true about the ADAAA? A. It’s easier to establish a covered “disability” B. Mitigating measures can’t be considered C. Episodic or remission conditions are covered D. Individualized assessments are required E. Rigid leave policies will get you in trouble H. All of the aboveManpowerGroup | August 16, 2012 41
  • What‟s true about the ADAAA? A. It’s easier to establish a covered “disability” B. Mitigating measures can’t be considered C. Episodic or remission conditions are covered D. Individualized assessments are required E. Rigid leave policies will get you in trouble H. All of the aboveManpowerGroup | August 16, 2012 42
  • Bob is normally a responsible, quiet employee. One day, however, he shows up two hours late and acts “obscenely happy, wearing make-up, avoiding eye contact, continuously rubbing his legs and touching everyone.” He also does a “crazy monkey arm dance” and begins “twirling and talking gibberish, flying around in the office in a hyper state.” Then he leaves. What do you do? A. Fire him for inappropriate workplace behavior B. Do a crazy monkey arm dance in his honor until he returns C. Drug test him D. Give him a chance to explain his behaviorManpowerGroup | August 16, 2012 43
  • Bob is normally a responsible, quiet employee. One day, however, he shows up two hours late and acts “obscenely happy, wearing make-up, avoiding eye contact, continuously rubbing his legs and touching everyone.” He also does a “crazy monkey arm dance” and begins “twirling and talking gibberish, flying around in the office in a hyper state.” Then he leaves. What do you do? A. Fire him for inappropriate workplace behavior B. Do a crazy monkey arm dance in his honor until he returns C. Drug test him D. Give him a chance to explain his behaviorManpowerGroup | August 16, 2012 44
  • Which of the following increase your chances of getting sued under GINA? A. Asking about family medical history B. Terminating an employee after a positive test C. Commingling medical and other information D. Not adopting the EEOC’s “safe harbor” language E. Discriminating against employees named Gina F. All of the above except “E”ManpowerGroup | August 16, 2012 45
  • Which of the following increase your chances of getting sued under GINA? A. Asking about family medical history B. Terminating an employee after a positive test C. Commingling medical and other information D. Not adopting the EEOC’s “safe harbor” language E. Discriminating against employees named Gina F. All of the above except “E”ManpowerGroup | August 16, 2012 46
  • An employee comes into your office at 4:59 on a Friday and informs you that he suffers from multiple medical conditions, including “work-induced narcolepsy,” “spontaneous combustion syndrome” and “episodic cubicle-confinement hyper-grumpiness.” He demands several accommodations, including: (1) a portable I.V. hooked up to an espresso machine, (2) a fire extinguisher mounted to his head; (3) three-and-a-half weeks off each month and (4) your office. If you have time to make only one call, to whom should it be?ManpowerGroup | August 16, 2012 47
  • JOB ACCOMMODATION NETWORK jan.wvu.edu 800-526-7234ManpowerGroup | August 16, 2012 48
  • Today‟s Format What‟s Next? Don‟t Be Inflexible “Presumed” Disabilities Interact, Interact, Interact Accommodate, Accommodate, AccommodateManpowerGroup | August 16, 2012 49
  • WAGE & HOURWAGE & HOURWAGE & HOURManpowerGroup | August 16, 2012 5050
  • What celebrity was recently sued for a plethora of wage and hour violations?ManpowerGroup | August 16, 2012 51
  • LADY GAGAManpowerGroup | August 16, 2012 52
  • Everything You Ever Wanted to Know About Employment Law (But Didn’t Want to Pay a Lawyer to Ask)How do you determine if an independent contractor isreally an independent contractor?A. It depends on a confusing, ambiguous, multi-factor test dependent on control that differs in WC, tax and other contextsB. It is the employer’s option to choose , depending on which is more advantageous from a tax perspectiveC. It is the employee’s option to chooseD. Under the new Contractor Clarification Law, if a person is separately incorporated, provides services to others and works in a recognized “profession”© 2011 ManpowerGroup 53
  • Everything You Ever Wanted to Know About Employment Law (But Didn’t Want to Pay a Lawyer to Ask)How do you determine if an independent contractor isreally an independent contractor?A. It depends on a confusing, ambiguous, multi-factor test dependent on control that differs in WC, tax and other contextsB. It is the employer’s option to choose , depending on which is more advantageous from a tax perspectiveC. It is the employee’s option to chooseD. Under the new Contractor Clarification Law, if a person is separately incorporated, provides services to others and works in a recognized “profession”© 2011 ManpowerGroup 54
  • Everything You Ever Wanted to Know About Employment Law (But Didn’t Want to Pay a Lawyer to Ask) Independent Contractors KEY: CONTROL • Permanency of relationship? • Investment in equipment, etc.? • Opportunity for profit or loss? • Independent judgment and initiative? • Services integral to employer’s business?© 2011 ManpowerGroup 55
  • Whats Next? Hot Spots IC Classifications OT Classifications (especially Administrative) Work @ Home Pre-shift “Work” (Donning/Doffing, Logon/Logoff)ManpowerGroup | August 16, 2012 56
  • Whats Next? Hot States California Illinois Massachusetts Minnesota New Jersey New York Pennsylvania WashingtonManpowerGroup | August 16, 2012 Source: Seyfarth Shaw 57
  • UNIONS UNIONS UNIONSManpowerGroup | August 16, 2012 5858
  • True or False: The NLRB only has jurisdiction over unionized companies. A. True B. FalseManpowerGroup | August 16, 2012 59
  • True or False: The NLRB only has jurisdiction over unionized companies. A. True B. FalseManpowerGroup | August 16, 2012 60
  • Facebook Firings Don‟t discipline for Be especially wary of comments about wages group comments or work conditions OK (maybe) to discipline Review policy to make for comments unrelated sure not overbroad to work conditions or out-of-dateManpowerGroup | August 16, 2012 61
  • PICTURE
  • Top 11 Litigation Tips In the History of the Universe1. Love your employees2. Know the law3. Take the Mom Test4. Model ethical behavior at the top5. Address known and systemic issues6. If it ain’t job-related, it ain’t job-related7. Follow your own policies and contracts8. Conduct early case evaluations9. Establish budgets and fixed/flat fees10. Never ever ever retaliate11. Investigate and document ALL claimsManpowerGroup | August 16, 2012 63
  • What % of employees are engaged? A. -9% B. 29% C. 49% D. 69% E. 89%ManpowerGroup | August 16, 2012 64
  • What % of employees are engaged? A. -9% B. 29% C. 49% D. 69% E. 89%Source: GallupManpowerGroup | August 16, 2012 65
  • Employment Law Talk ShowWe are • 80% of jobs are sedentaryStressssssed • 62% say workload increased last 6 months • 40% are sleep-deprived • 33% are chronically overworked • 32% increase in workweek in past 25 yearsSources: Pennington Biomedical Research Center, Kronos, National Sleep Foundation, • 1 in 25 bosses is a certifiedFamilies & Work Institute, Harris Interactive, Dr. Paul Babiak psychopathManpowerGroup | August 16, 2012 66
  • Employment Law Talk ShowMore Stress = The Bottom Line:More Suits $200-$300B is lost each year due to stress-related absenteeism, burnout, decreased productivity, WC claims, turnover and insurance costs.ManpowerGroup | August 16, 2012 Source: American Institute of Stress 67
  • Employment Law Talk ShowManpowerGroup | August 16, 2012 Source: ManpowerGroup 68
  • If you had to boil all of HR and employment law down into ONE simple word, what would it be?ManpowerGroup | August 16, 2012 69
  • LOVE
  • EMPLOYMENT LAWSING-ALONG
  • Employment Law Talk Show Employment law can be easy If you listen you surely won‟t fail We wrote you this song So please sing along If you don‟t, you could end up in jailManpowerGroup | August 16, 2012 72
  • Employment Law Talk Show Don‟t put things off „til tomorrow Yes investigate right away Don‟t procrastinate And don‟t retaliate Or the more you will have to payManpowerGroup | August 16, 2012 73
  • Employment Law Talk Show Remember this song And you‟ll never go wrong Yes we wish you the best On your journeys You‟ll stay out of court And you won‟t have to pay no attorneysManpowerGroup | August 16, 2012 74
  • Employment Law Talk Show Technology may give you headaches The feds they may knock on your door But if you prepare Be consistent and fair They won‟t ever bug you no moreManpowerGroup | August 16, 2012 75
  • Employment Law Talk Show Remember this song And you‟ll never go wrong Yes we wish you the best On your journeys You‟ll stay out of court And you won‟t have to pay no attorneysManpowerGroup | August 16, 2012 76
  • Employment Law Talk Show If your brain‟s too full to remember All the stuff we just covered above There‟s one simple word That sums up what you heard Love, Love, Love, Love, Love, Love, LOOOOOOOOOOOOOOOOOOOVE!ManpowerGroup | August 16, 2012 77
  • Employment Law Talk Show Remember this song And you‟ll never go wrong Yes we wish you the best On your journeys You‟ll stay out of court And you won‟t have to pay no attorneysManpowerGroup | August 16, 2012 78
  • marktoth.com @manpowerblawgManpowerGroup | August 16, 2012 79
  • August 16, 2012