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©2010 Manpower Inc.
The All New Employment Law
QUIZ SHOW
Mark Toth
Chief Legal Officer NA
November 16, 2010
©2010 Manpower Inc.©2010 Manpower Inc.
2Toledo HR Association
Today’s Agenda
• “Smartest Person In the Audience” Quiz Show...
©2010 Manpower Inc.©2010 Manpower Inc.
3
Official Disclaimer
The material presented herein should not be relied
upon or co...
©2010 Manpower Inc.©2010 Manpower Inc.
4Everything About Employment Law
Smartest Person
in the Audience
QUIZ
SHOW
©2010 Manpower Inc.©2010 Manpower Inc.
5Doing Good While Doing Well
January 30, 2015
Deep Philosophical
QUESTIONS
©2010 Manpower Inc.©2010 Manpower Inc.
6Toledo HR Association
1 point
(If at least semi-humorous)
Know any good
lawyer jok...
©2010 Manpower Inc.©2010 Manpower Inc.
7Toledo HR Association
Top 3 Lawyer Jokes Of All Time
What do you call 99 skydiving...
©2010 Manpower Inc.©2010 Manpower Inc.
8Toledo HR Association
Top 3 Lawyer Jokes Of All Time
What do you call 99 skydiving...
©2010 Manpower Inc.©2010 Manpower Inc.
9Toledo HR Association
Top 3 Lawyer Jokes Of All Time
What do you call 99 skydiving...
©2010 Manpower Inc.©2010 Manpower Inc.
10Toledo HR Association
Top 3 Lawyer Jokes Of All Time
What do you call 99 skydivin...
©2010 Manpower Inc.©2010 Manpower Inc.
11Toledo HR Association
Top 3 Lawyer Jokes Of All Time
What do you call 99 skydivin...
©2010 Manpower Inc.©2010 Manpower Inc.
12Toledo HR Association
Top 3 Lawyer Jokes Of All Time
What do you call 99 skydivin...
©2010 Manpower Inc.©2010 Manpower Inc.
lawsuits
lawsuits
lawsuits
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14Toledo HR Association
According to a recent study, what is the #1
legal headache ...
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15
According to a recent study, what is the #1
legal headache for U.S. businesses?
...
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16Toledo HR Association
On average, how many employment
lawsuits are filed every da...
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17
On average, how many employment
lawsuits are filed every day?
A. 55
B. 197
C. 36...
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18Toledo HR Association
1 out of ___ employment law jury verdicts is
a million-doll...
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19Toledo HR Association
1 out of ___ employment law jury verdicts is
a million-doll...
©2010 Manpower Inc.©2010 Manpower Inc.
What’s the average employment
discrimination jury verdict?
A. $88,451
B. $102,925
C...
©2010 Manpower Inc.©2010 Manpower Inc.
What’s the average employment
discrimination jury verdict?
A. $88,451
B. $102,925
C...
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What is the #1 most common
discrimination claim?
A. Age
B. Disability
C. Race
D. Se...
©2010 Manpower Inc.©2010 Manpower Inc.
What is the #1 most common
discrimination claim?
A. Age
B. Disability
C. Race
D. Se...
©2010 Manpower Inc.©2010 Manpower Inc.
What are an employer’s
odds of winning at trial?
24Toledo HR Association
A. It is u...
©2010 Manpower Inc.©2010 Manpower Inc.
What are an employer’s
odds of winning at trial?
25Toledo HR Association
A. It is u...
©2010 Manpower Inc.©2010 Manpower Inc.
What’s the best way to keep your
employment litigation costs from
bankrupting your ...
©2010 Manpower Inc.©2010 Manpower Inc.
What’s the best way to keep your
employment litigation costs from
bankrupting your ...
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28Toledo HR Association
What’s
NEW?
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29Toledo HR Association
What three words starting
with the letter “e” best
describe...
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30
Enforcement, Enforcement, Enforcement
• Chao (“compliance assistance”) versus
So...
©2010 Manpower Inc.©2010 Manpower Inc.
A. I-9 violations
B. OSHA violations
C. FMLA violations
D. Wage and hour violations...
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32Toledo HR Association
Which of the following is most likely to
result in a humong...
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Class Action Facts
• EEOC aggressively pursuing “systemic relief”
• 3,500+ class ac...
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3434Toledo HR Association
How to Get Sued by the EEOC
• Don’t address potentially s...
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35Toledo HR Association
Is “looksism” illegal?
A. Yes
B. No
C. Maybe
35
©2010 Manpower Inc.©2010 Manpower Inc.
36Toledo HR Association
Is “looksism” illegal?
A. Yes
B. No
C. Maybe
36
©2010 Manpower Inc.©2010 Manpower Inc.
37Toledo HR Association
Looksism: Recent Cases
• Too hot for banking?
• Too ugly fo...
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38Toledo HR Association
Looksism: Recent Stats
• Looks: #3 most important success f...
©2010 Manpower Inc.©2010 Manpower Inc.
A. Yes
B. No
C. Maybe
39Toledo HR Association
Is obesity discrimination illegal?
A....
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A. Yes
B. No
C. Maybe
40Toledo HR Association
Is obesity discrimination illegal?
A....
©2010 Manpower Inc.©2010 Manpower Inc.
The Facts on Obesity
• Weight discrimination is more common than
discrimination bas...
©2010 Manpower Inc.©2010 Manpower Inc.
The Law on Obesity
• No federal law includes obesity as protected class
• Michigan ...
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43Toledo HR Association 43
A. The EEOC issued regulations implementing the Genetic ...
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44Toledo HR Association 44
A. The EEOC issued regulations implementing the Genetic ...
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45Toledo HR Association
A. New machine called Pepper Mouth that emits
a foul odor w...
©2010 Manpower Inc.©2010 Manpower Inc.
46Toledo HR Association
A. New machine called Pepper Mouth that emits
a foul odor w...
©2010 Manpower Inc.©2010 Manpower Inc.
technology
technology
technology
©2010 Manpower Inc.©2010 Manpower Inc.
48Toledo HR Association
What percentage of men have viewed
Internet porn at work?
a...
©2010 Manpower Inc.©2010 Manpower Inc.
49Toledo HR Association
What percentage of men have viewed
Internet porn at work?
a...
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50Toledo HR Association
1 out of every ___ employees has forwarded
a sex-related e-...
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51Toledo HR Association
1 out of every ___ employees has forwarded
a sex-related e-...
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52Toledo HR Association
Can my company monitor employee email
and Internet usage an...
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53Toledo HR Association
Can my company monitor employee email
and Internet usage an...
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5454Toledo HR Association
Tech @ Work
• 90% of policies are out-of-date
• 90% of em...
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55
Tech @ Court
• Think hard before you hit “delete”
• Think hard before you hit “s...
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5656Toledo HR Association
Which of the following is NOT an actual
employee tweet?
A...
©2010 Manpower Inc.©2010 Manpower Inc.
5757Toledo HR Association
Which of the following is NOT an actual
employee tweet?
A...
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5858Toledo HR Association
What Should Employers Do?
• Implement a reasonable policy...
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59Toledo HR Association
What’s
NEXT?
©2010 Manpower Inc.©2010 Manpower Inc.
Will PPACA go away?
A. Yes
B. No
C. Maybe
60Toledo HR Association
©2010 Manpower Inc.©2010 Manpower Inc.
Will PPACA go away?
A. Yes
B. No
C. Maybe
61Toledo HR Association
©2010 Manpower Inc.©2010 Manpower Inc.
62Toledo HR Association 62
• Republicans probably won’t repeal but could block fund...
©2010 Manpower Inc.©2010 Manpower Inc.
A. Congress
B. EEOC
C. ICE
D. NLRB
E. OSHA
63Toledo HR Association
Which of the fol...
©2010 Manpower Inc.©2010 Manpower Inc.
A. Congress
B. EEOC
C. ICE
D. NLRB
E. OSHA
64Toledo HR Association
Which of the fol...
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65Toledo HR Association 65
NLRB Members
• Democratic majority for the first time si...
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66Toledo HR Association 66
Who Needs Congress?
• “Back Door” EFCA?
– Card check?
– ...
©2010 Manpower Inc.©2010 Manpower Inc.
67Toledo HR Association
What’s up with the
Paycheck Fairness Act?
A. It became effe...
©2010 Manpower Inc.©2010 Manpower Inc.
68Toledo HR Association
What’s up with the
Paycheck Fairness Act?
A. It became effe...
©2010 Manpower Inc.©2010 Manpower Inc.
What’s Next On the
EEOC Hit List?
• Grooming/dress?
• Criminal background?
• Credit...
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70Toledo HR Association
Medical
ISSUES
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71Toledo HR Association
Which of the following increase your
chances of getting sue...
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72Toledo HR Association
Which of the following increase your
chances of getting sue...
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73
GINA (Genetic Information Nondiscrimination Act)
Generally prohibits:
• Employer...
©2010 Manpower Inc.©2010 Manpower Inc.
74Toledo HR Association
An employee comes into your office at 4:58 on a Friday
afte...
©2010 Manpower Inc.©2010 Manpower Inc.
75Toledo HR Association
An employee comes into your office at 4:58 on a Friday
afte...
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76Toledo HR Association
Wage &
HOUR
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77
How do you determine if an independent
contractor is really an independent contr...
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78
How do you determine if an independent
contractor is really an independent contr...
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79
Independent Contractor
• KEY: CONTROL – behavioral and financial
• DOL’s control...
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80
Exempt or Non-exempt?
• Follow the tests, not assumptions
• Job titles, descript...
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81Toledo HR Association
What Does the FLSA Require?
• Minimum wage
• Overtime unles...
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82Toledo HR Association
When Is an Employee Exempt?
Employees must be paid the mini...
©2010 Manpower Inc.©2010 Manpower Inc.
employees
employees
employees
©2010 Manpower Inc.©2010 Manpower Inc.
Your employees are thinking about leaving
your company right now.
84Toledo HR Assoc...
©2010 Manpower Inc.©2010 Manpower Inc.
Your employees are thinking about leaving
your company right now.
85Toledo HR Assoc...
©2010 Manpower Inc.©2010 Manpower Inc.
80%
of employers expect fewer than
5%
of their employees to leave
voluntarily in 20...
©2010 Manpower Inc.©2010 Manpower Inc.
Source: Right Management
87Toledo HR Association
60%
of current employees intend
to...
©2010 Manpower Inc.©2010 Manpower Inc.
88Toledo HR Association
Many employment disputes can be traced back to
a lack of le...
©2010 Manpower Inc.©2010 Manpower Inc.
89Toledo HR Association
Many employment disputes can be traced back to
a lack of le...
©2010 Manpower Inc.©2010 Manpower Inc.
90Toledo HR Association 90
If you had to boil all of
employment law,
HR and managem...
©2010 Manpower Inc.©2010 Manpower Inc.
LOVE
©2010 Manpower Inc.©2010 Manpower Inc.
92
STRESSSSSSSSSSSSSSSSSSSSSSSSSSS
• Average workweek: up 32% over past 25 years
• ...
©2010 Manpower Inc.©2010 Manpower Inc.
93
STRESSSSSSSSSSSSSSSSSSSSSSSSSSS
• 465 million vacation days were squandered in 2...
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94
More Stress = More Lawsuits
• The Bottom Line: U.S. companies lose between
$200-...
©2010 Manpower Inc.©2010 Manpower Inc.
95Everything About Employment Law
The Official
Stay Out of Jail
TO DO
LIST
©2010 Manpower Inc.©2010 Manpower Inc.
96
STAY OUT OF JAIL “TO DO” LIST
 Stay on top of the law – it changes every 0.3 se...
©2010 Manpower Inc.©2010 Manpower Inc.
97Toledo HR Association
manpowerblogs.com
©2010 Manpower Inc.©2010 Manpower Inc.
FREE TOOLS
• BLAWG
– Cheat Sheets
– Checklists
– Employment Law News
– Employment L...
©2010 Manpower Inc.©2010 Manpower Inc.
99Everything About Employment Law
Employment Law
SING-
ALONG
©2010 Manpower Inc.©2010 Manpower Inc.
Employment law can be easy
If you listen you surely won’t fail
We wrote you this so...
©2010 Manpower Inc.©2010 Manpower Inc.
Don’t put things off ‘til tomorrow
Yes investigate right away
Don’t procrastinate
‘...
©2010 Manpower Inc.©2010 Manpower Inc.
Remember this song
And you’ll never go wrong
Yes we wish you the best
On your journ...
©2010 Manpower Inc.©2010 Manpower Inc.
Be honest, consistent and fair now
Be ethical, trustworthy and true
Let your consci...
©2010 Manpower Inc.©2010 Manpower Inc.
Remember this song
And you’ll never go wrong
Yes we wish you the best
On your journ...
©2010 Manpower Inc.©2010 Manpower Inc.
Communication’s important
And documentation is key
Get all the facts
Or you might g...
©2010 Manpower Inc.©2010 Manpower Inc.
Remember this song
And you’ll never go wrong
Yes we wish you the best
On your journ...
©2010 Manpower Inc.©2010 Manpower Inc.
107Toledo HR Association
THANK
YOU!
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  • Hello everyone! Welcome to the ALL NEW EMPLOYMENT LAW QUIZ SHOW where today our participants will not only learn everything’s that new and next in the wonderful world of workplace law but you’ll also compete for valuable prizes.
    How many attendees do we have joining us here today, Erica? 23 billion?
     
    Here’s our format for today . . .
  • We’ll give you all the latest news and tools and tips you need through a variety of question types. Some questions will be shout-outs where you simply shout out the best answer wherever you are. If you’re with a group, whoever shouts the correct answer the loudest wins. If you’re alone in your cube, feel free to shout out the answers as well. It’s educational. If you get the answer right, giver yourself a prize or a hug – whatever makes you feel good about yourself.
    We’ll also have several questions designed to find out what you’re thinking, feeling and perceiving. Various polls on various topics.
    Text-o-rama: We’ll have several ?s sprinkled throughout today where the first person to text us the correct answer will win a valuable prize.
    But the competition doesn’t end there. Following the webinar, we’ll post a quiz on my Blawg – manpowerblogs.com (or marktoth.com ) – where the winner will officially be crowned the Smartest Person in our Audience.
    Sorry, neither Manpower employees nor their family members are eligible for today’s prizes.
    Ready to start? Good. We’re going to go extremely fast. Want you to get your money’s worth. If you miss anything, you’ll have the PPT to review later.
  • OK, ready to get started? All of our questions are designed to test and give you knowledge that is absolutely 100% critical to surviving in today’s litigation-happy world. We have ‘em organized by topics for ease of reference, with points increasing as we go along. We’ll conclude with our lightning round.
  • Isn’t that nice?
  • Let’s start with lawsuits, lawsuits, lawsuits, my personal favorite. Lots of lawsuits out there. What’s the latest? And what should you learn from them?
  • So, why should you care about EL? Here are some disturbing stats.
  • According to a recent survey, companies across the U.S. ID’d EL as their #1 legal headache.
    Here’s why . . .
  • Let’s start with a reality check. Our first set of ?s is based on the very latest data on who’s really suing whom for what and how much it’s costing. Here’s our first eye-opening ?. This first series are shout-outs: just shout out the correct answer wherever you are . . .
  • Up a whopping 46% from last year’s $216,575.
  • OK, here’s our first text-o-rama ?. First person to text the correct answer along with your name to 4148990126 wins a valuable prize. $25 gift card to giftcertificates.com. That’s 4148990126. Operators are standing by. Again, just type the correct letter and your name.
  • OK, here’s our first text-o-rama ?. First person to text the correct answer along with your name to 4148990126 wins a valuable prize. $25 gift card to giftcertificates.com. That’s 4148990126. Operators are standing by. Again, just type the correct letter and your name.
  • OK, let’s start w/1.
  • First bullet is direct quote from head of DOL. Now, to be fair, the DOL and other agencies offer plenty of compliance assistance. In fact, if you took the time to stop by the EEOC booth and to chat with any of the fine EEOC folks there, you would have discovered that they are very interested in helping Ers do the right thing.
    But it’s 100% clear that E, E, E is a huge priority. Read list.
    As for last item, Ohio factory hit recently with more th $3M in fines for 42 “alleged willful violations” of OSHA. Started inspecting facility last year as part of NEP.
  • One of the best ways to stay on top of who’s suing whom for what is to review the latest EEOC suits, settlements and verdicts. The EEOC makes it easy to learn from others’ mistakes – they send out a press release on each major case with enough detail to help you see exactly why an employer ended up in their crosshairs. Here’s a summary of EEOC activity since our last webinar . . .
  • As an undeniably ugly person, all of these stats make me nervous – I’m in big trouble.
    #3 after things such as experience but ahead of things such as education. That means that if you couldn’t get into an Ivy League school, don’t despair if you’re hot, apparently.
  • Some other new things – or are they? Which of the following is NOT real?
  • Very latest updated stats for your reading pleasure. Let’s go thru ‘em quickly . . .
    Glassdoor.com. Check it out and see what your employees are saying about your company (and maybe even you). It’s a brave new world out there . . .
  • 2d point . . .
    Employers (and employees) can learn some valuable lessons from CNN’s recent firing of a reporter over an allegedly inappropriate Twitter tweet.
    The Story
    CNN fired Mideast correspondent Octavia Nasr — a 20-year employee — after she tweeted her admiration for the recently deceased Grand Ayatollah Mohammed Hussein Fadlallah. Fadlallah, considered a founding father of the Hezbollah movement, was aggressively anti-American and was allegedly linked to bombings that killed several hundred Americans.
    In her tweet, Nasr called Fadlallah “one of Hezbollah’s giants I respect a lot.” After negative reactions poured into CNN, the company issued a statement calling Nasr’s tweet an error in judgment.
    Nasr apologized, saying in a blog that her tweet was intended to refer to Fadlallah’s record on women’s rights. During his tenure, Fadlallah banned “honor killing” of women and authorized women the right to strike their husbands if attacked. Nasr admitted that using Twitter’s 140-character-max format to comment on the life of such a controversial a figure probably wasn’t the best idea, calling it “something I deeply regret.”
    Despite Nasr’s apology, CNN decided that her credibility had been irreversibly compromised. It issued an announcement stating that after it discussed the incident with Nasr “we have decided that she will be leaving the company.”
    What This Means for Employers
    Employers should be keenly aware of the humongous negative publicity that can be generated by Twitter tweets and other social media activity by employees. Employees should be trained on the potential career-limiting effects of such posts. Time and time again employees get themselves (and their employers) in trouble because they seem to believe that less traditional forms of electronic communication are (1) subject to different workplace rules and/or (2) somehow less permanent. As many employers and employees have painfully discovered in recent months, neither is true.
  • OK, it’s time for text-o-rama #2. The first person to text their name and the correct letter answer to this ? To 4148990126 that’s 4148990126 will win a $25 gift certificate to giftcertficates.com.
  • Incl no texting while driving
  • Here’s our final Text-o-rama of the day. First to text correct name and letter answer to 4148990126 wins a $100 gift certificate . . .
  • Here’s our final Text-o-rama of the day. First to text correct name and letter answer to 4148990126 wins a $100 gift certificate . . .
  • Manpower recently surveyed 2000 businesses throughout North America to ask them about their turnover expectations as well as how they currently handle knowledge transfer. According to our research, employers expect fewer than 5% of their workforce to turn over in 2010 – even as the economy improves.
    But are these employer expectations realistic?
  • According to research conducted by Right Management in 2009, 60% of the employees surveyed say they plan to jump ship when the opportunity presents itself – as the economy improves. In addition to the 60% who fully intend to leave, an additional 1 in 4 are networking and updating their resumes. And to make it worse, Harvard Business Review research suggests that a company’s stars are the first to be poached by competitors and are less likely to stay.
    This is an interesting discrepancy between what employers think and what employees say – who knows who is right, but my hunch is the employees are telling it like it is. And even if that statistic is too high, let’s cut it in half – what would happen in your organization if 30% of your key employees left?
    And, it’s not just an improving economy that causes people to leave…
  • Final text-o-rama. 414/899-0126. Name, correct letter. Since this is the most imp’t ?, worth $100 gift certificate . . .
  • Winner is _____.
  • Let you in on a little secret. As someone who has gone through all the rigors of getting a legal degree, SPHR designation, various executive MBA courses and has read practically every business written in the history of the world, it’s all really simple . . .
  • The Beatles were right: All you need is love.
    The successful leaders and companies are those filled with people who are able to put the interests of others before their own. Great leaders put their people, their clients and the company ahead of their own agenda. That was the basic finding of Good to Great and basically every HR, client retention and EE management book ever written.
    Want your clients to stay? Love ‘em. Want your employees to stay? Love ‘em. Want ‘em not to sue you? Love ‘em. Times are really, really, really, very, really tough. Treat everyone around you the way you’d like to be treated – with dignity and respect . . . and LOVE.
    It’s that simple.
    Please say the following pledge with me . . .
  • Last point. More you love your Ees, less they’ll sue you. It’s true. Now need to show em more love th ever before if want to keep ‘em. We surveyed more than 2,000 hiring managers – 80% of em siad that fewer th 5% of their Ees will leave this year. But in our survey of Ees, 60% said they intend to pursue new job oppties as the econ improves.
  • Want more?
  • Transcript of "Toledo - All New Employment Law Quiz Show"

    1. 1. ©2010 Manpower Inc. The All New Employment Law QUIZ SHOW Mark Toth Chief Legal Officer NA November 16, 2010
    2. 2. ©2010 Manpower Inc.©2010 Manpower Inc. 2Toledo HR Association Today’s Agenda • “Smartest Person In the Audience” Quiz Show • $584 billion in tools & tips • What’s new? What’s next? • Stay Out of Jail “To Do” List • Employment Law Sing-along Song
    3. 3. ©2010 Manpower Inc.©2010 Manpower Inc. 3 Official Disclaimer The material presented herein should not be relied upon or construed as legal advice. For specific information on recent developments, particular factual situations or the effect of a particular law, the opinion of qualified legal counsel should be sought. Please consult with your own Legal and HR Departments before making any changes. 3Toledo HR Association
    4. 4. ©2010 Manpower Inc.©2010 Manpower Inc. 4Everything About Employment Law Smartest Person in the Audience QUIZ SHOW
    5. 5. ©2010 Manpower Inc.©2010 Manpower Inc. 5Doing Good While Doing Well January 30, 2015 Deep Philosophical QUESTIONS
    6. 6. ©2010 Manpower Inc.©2010 Manpower Inc. 6Toledo HR Association 1 point (If at least semi-humorous) Know any good lawyer jokes?
    7. 7. ©2010 Manpower Inc.©2010 Manpower Inc. 7Toledo HR Association Top 3 Lawyer Jokes Of All Time What do you call 99 skydiving lawyers?
    8. 8. ©2010 Manpower Inc.©2010 Manpower Inc. 8Toledo HR Association Top 3 Lawyer Jokes Of All Time What do you call 99 skydiving lawyers? Skeet.
    9. 9. ©2010 Manpower Inc.©2010 Manpower Inc. 9Toledo HR Association Top 3 Lawyer Jokes Of All Time What do you call 99 skydiving lawyers? Skeet. How many lawyers does it take to shingle a roof?
    10. 10. ©2010 Manpower Inc.©2010 Manpower Inc. 10Toledo HR Association Top 3 Lawyer Jokes Of All Time What do you call 99 skydiving lawyers? Skeet. How many lawyers does it take to shingle a roof? Depends how thin you slice ‘em.
    11. 11. ©2010 Manpower Inc.©2010 Manpower Inc. 11Toledo HR Association Top 3 Lawyer Jokes Of All Time What do you call 99 skydiving lawyers? Skeet. How many lawyers does it take to shingle a roof? Depends how thin you slice ‘em. Why does California have the most lawyers and New Jersey the most toxic waste dumps?
    12. 12. ©2010 Manpower Inc.©2010 Manpower Inc. 12Toledo HR Association Top 3 Lawyer Jokes Of All Time What do you call 99 skydiving lawyers? Skeet. How many lawyers does it take to shingle a roof? Depends how thin you slice ‘em. Why does California have the most lawyers and New Jersey the most toxic waste dumps? New Jersey got first pick.
    13. 13. ©2010 Manpower Inc.©2010 Manpower Inc. lawsuits lawsuits lawsuits
    14. 14. ©2010 Manpower Inc.©2010 Manpower Inc. 14Toledo HR Association According to a recent study, what is the #1 legal headache for U.S. businesses? A. Environmental regulation B. Patent protection C. International contract laws D. Employment law disputes E. Lawyers
    15. 15. ©2010 Manpower Inc.©2010 Manpower Inc. 15 According to a recent study, what is the #1 legal headache for U.S. businesses? A. Environmental regulation B. Patent protection C. International contract laws D. Employment law disputes E. Lawyers Source: Fulbright & Jaworski 15Toledo HR Association
    16. 16. ©2010 Manpower Inc.©2010 Manpower Inc. 16Toledo HR Association On average, how many employment lawsuits are filed every day? A. 55 B. 197 C. 362 D. 500 E. Too high to count
    17. 17. ©2010 Manpower Inc.©2010 Manpower Inc. 17 On average, how many employment lawsuits are filed every day? A. 55 B. 197 C. 362 D. 500 E. Too high to count Source: Council on Education in Management 17Toledo HR Association
    18. 18. ©2010 Manpower Inc.©2010 Manpower Inc. 18Toledo HR Association 1 out of ___ employment law jury verdicts is a million-dollar case. A. 1 million B. 1,000 C. 100 D. 10 E. 5
    19. 19. ©2010 Manpower Inc.©2010 Manpower Inc. 19Toledo HR Association 1 out of ___ employment law jury verdicts is a million-dollar case. A. 1 million B. 1,000 C. 100 D. 10 E. 5 Source: Critical Measures 19
    20. 20. ©2010 Manpower Inc.©2010 Manpower Inc. What’s the average employment discrimination jury verdict? A. $88,451 B. $102,925 C. $183,848 D. $317,032 E. Too high to count 20Toledo HR Association
    21. 21. ©2010 Manpower Inc.©2010 Manpower Inc. What’s the average employment discrimination jury verdict? A. $88,451 B. $102,925 C. $183,848 D. $317,032 E. Too high to count Source: Jury Verdict Research 21Toledo HR Association
    22. 22. ©2010 Manpower Inc.©2010 Manpower Inc. What is the #1 most common discrimination claim? A. Age B. Disability C. Race D. Sex 22Toledo HR Association
    23. 23. ©2010 Manpower Inc.©2010 Manpower Inc. What is the #1 most common discrimination claim? A. Age B. Disability C. Race D. Sex Sources: Jury Verdict Research, EEOC 23Toledo HR Association
    24. 24. ©2010 Manpower Inc.©2010 Manpower Inc. What are an employer’s odds of winning at trial? 24Toledo HR Association A. It is unlawful for employers to win B. 22% C. 42% D. 62% E. 82%
    25. 25. ©2010 Manpower Inc.©2010 Manpower Inc. What are an employer’s odds of winning at trial? 25Toledo HR Association A. It is unlawful for employers to win B. 22% C. 42% D. 62% E. 82% Source: Jury Verdict Research
    26. 26. ©2010 Manpower Inc.©2010 Manpower Inc. What’s the best way to keep your employment litigation costs from bankrupting your organization? 26Toledo HR Association A. Require all employees to sign mandatory arbitration agreements B. Take a “no settlement” approach to litigation C. Require law firms to adhere to billing guidelines, budgets and fixed fees D. Move your business to Antarctica so that you’ll have no employees and thus no lawsuits
    27. 27. ©2010 Manpower Inc.©2010 Manpower Inc. What’s the best way to keep your employment litigation costs from bankrupting your organization? 27Toledo HR Association A. Require all employees to sign mandatory arbitration agreements B. Take a “no settlement” approach to litigation C. Require law firms to adhere to billing guidelines, budgets and fixed fees D. Move your business to Antarctica so that you’ll have no employees and thus no lawsuits
    28. 28. ©2010 Manpower Inc.©2010 Manpower Inc. 28Toledo HR Association What’s NEW?
    29. 29. ©2010 Manpower Inc.©2010 Manpower Inc. 29Toledo HR Association What three words starting with the letter “e” best describe the government’s current approach to employment law?
    30. 30. ©2010 Manpower Inc.©2010 Manpower Inc. 30 Enforcement, Enforcement, Enforcement • Chao (“compliance assistance”) versus Solis (“new sheriff in town”) • 200 new Wage & Hour Compliance Officers • $25 million and 100 DOL enforcers to target independent contractor misclassifications • 50 new lawyers to enforce Title VII, ADA and IRCA • ICE targeting 1,000 employers • More and more OFCCP and OSHA audits Toledo HR Association 30
    31. 31. ©2010 Manpower Inc.©2010 Manpower Inc. A. I-9 violations B. OSHA violations C. FMLA violations D. Wage and hour violations E. Doing business in California 31Toledo HR Association Which of the following is most likely to result in a humongous class action?
    32. 32. ©2010 Manpower Inc.©2010 Manpower Inc. 32Toledo HR Association Which of the following is most likely to result in a humongous class action? A. I-9 violations B. OSHA violations C. FMLA violations D. Wage and hour violations E. Doing business in California
    33. 33. ©2010 Manpower Inc.©2010 Manpower Inc. Class Action Facts • EEOC aggressively pursuing “systemic relief” • 3,500+ class actions last year • 500+% increase versus 2000 • 300+% increase in CA • Nearly 90% are wage and hour Sources: EEOC, Littler Mendelson, Department of Labor, Manpower Employment Blawg 33Toledo HR Association
    34. 34. ©2010 Manpower Inc.©2010 Manpower Inc. 3434Toledo HR Association How to Get Sued by the EEOC • Don’t address potentially systemic discrimination • Don’t adequately investigate complaints • Don’t train managers • Don’t follow your own policies • Don’t fire “bad actor” execs • Retaliate • Act in bad faith
    35. 35. ©2010 Manpower Inc.©2010 Manpower Inc. 35Toledo HR Association Is “looksism” illegal? A. Yes B. No C. Maybe 35
    36. 36. ©2010 Manpower Inc.©2010 Manpower Inc. 36Toledo HR Association Is “looksism” illegal? A. Yes B. No C. Maybe 36
    37. 37. ©2010 Manpower Inc.©2010 Manpower Inc. 37Toledo HR Association Looksism: Recent Cases • Too hot for banking? • Too ugly for Abercrombie & Fitch? • S, XS or XXS?? 37
    38. 38. ©2010 Manpower Inc.©2010 Manpower Inc. 38Toledo HR Association Looksism: Recent Stats • Looks: #3 most important success factor • 68% say looks affects performance perception • 2/3 would hesitate to hire an overweight candidate • 84% would hesitate to hire candidate who looks “significantly older” than co-workers • 46% favor anti-looksism law KEY: JOB-RELATED, JOB-RELATED, JOB-RELATED Source: Business Week 38
    39. 39. ©2010 Manpower Inc.©2010 Manpower Inc. A. Yes B. No C. Maybe 39Toledo HR Association Is obesity discrimination illegal? A. Yes B. No C. Maybe
    40. 40. ©2010 Manpower Inc.©2010 Manpower Inc. A. Yes B. No C. Maybe 40Toledo HR Association Is obesity discrimination illegal? A. Yes B. No C. Maybe
    41. 41. ©2010 Manpower Inc.©2010 Manpower Inc. The Facts on Obesity • Weight discrimination is more common than discrimination based on disability, religion, national origin and sexual orientation (and only slightly less common than race, gender and age discrimination) • Women are twice as likely as men to face weight discrimination • Obesity costs U.S. employers $73 billion each year in medical costs, lost productivity and absenteeism Sources: Duke University, Yale University 41Toledo HR Association
    42. 42. ©2010 Manpower Inc.©2010 Manpower Inc. The Law on Obesity • No federal law includes obesity as protected class • Michigan and a few municipalities (e.g., San Francisco and Washington, D.C.) prohibit obesity discrimination • Workplace weight standards could constitute disparate treatment discrimination if they adversely impact women • EEOC: new suit alleges obesity is covered under ADA 42Toledo HR Association
    43. 43. ©2010 Manpower Inc.©2010 Manpower Inc. 43Toledo HR Association 43 A. The EEOC issued regulations implementing the Genetic Information Nondiscrimination Act (GINA) B. The DOL issued a rule that will require employers to publish 401(k) fees and expenses C. The IRS delayed the PPACA requirement that employers provide the aggregate cost of “applicable employer-sponsored coverage” on W-2 Forms starting Jan. 1, 2011 D. OSHA fines will likely increase due to new enhanced penalty procedures E. It’s now easier for unions to obtain injunctions during union elections F. The government issued a new toolkit to help employees with disabilities return to work G. All of the above What Else is New?
    44. 44. ©2010 Manpower Inc.©2010 Manpower Inc. 44Toledo HR Association 44 A. The EEOC issued regulations implementing the Genetic Information Nondiscrimination Act (GINA) B. The DOL issued a rule that will require employers to publish 401(k) fees and expenses C. The IRS delayed the PPACA requirement that employers provide the aggregate cost of “applicable employer-sponsored coverage” on W-2 Forms starting Jan. 1, 2011 D. OSHA fines will likely increase due to new enhanced penalty procedures E. It’s now easier for unions to obtain injunctions during union elections F. The government issued a new toolkit to help employees with disabilities return to work G. All of the above What Else is New?
    45. 45. ©2010 Manpower Inc.©2010 Manpower Inc. 45Toledo HR Association A. New machine called Pepper Mouth that emits a foul odor when employees use foul language B. New TV show called The Naked Office in which employees are encouraged to get naked to help resolve workplace disputes C. Online service that provides fake references for a small fee D. Green cards will actually be green again E. All of the above are very real Which of the following is NOT real?
    46. 46. ©2010 Manpower Inc.©2010 Manpower Inc. 46Toledo HR Association A. New machine called Pepper Mouth that emits a foul odor when employees use foul language B. New TV show called The Naked Office in which employees are encouraged to get naked to help resolve workplace disputes C. Online service that provides fake references for a small fee D. Green cards will actually be green again E. All of the above are very real Which of the following is NOT real?
    47. 47. ©2010 Manpower Inc.©2010 Manpower Inc. technology technology technology
    48. 48. ©2010 Manpower Inc.©2010 Manpower Inc. 48Toledo HR Association What percentage of men have viewed Internet porn at work? a. .07% b. 2.9% c. 14% d. 25% e. 33% f. 118%
    49. 49. ©2010 Manpower Inc.©2010 Manpower Inc. 49Toledo HR Association What percentage of men have viewed Internet porn at work? a. .07% b. 2.9% c. 14% d. 25% e. 33% f. 118% Source: Harris Interactive
    50. 50. ©2010 Manpower Inc.©2010 Manpower Inc. 50Toledo HR Association 1 out of every ___ employees has forwarded a sex-related e-mail at work. A. 50 B. 10 C. 7 D. 3 E. 2 F. 1
    51. 51. ©2010 Manpower Inc.©2010 Manpower Inc. 51Toledo HR Association 1 out of every ___ employees has forwarded a sex-related e-mail at work. A. 50 B. 10 C. 7 D. 3 E. 2 F. 1 Source: Harris Interactive 51
    52. 52. ©2010 Manpower Inc.©2010 Manpower Inc. 52Toledo HR Association Can my company monitor employee email and Internet usage and take employment action based on that monitoring? A. Yes B. Yes, if the employee signed a consent form consistent with either the model contract and/or safe harbor provisions of NRPA (National Right to Privacy Act) C. It depends on whether the company has a policy deflating any expectation of privacy and whether it’s consistently enforced D. No
    53. 53. ©2010 Manpower Inc.©2010 Manpower Inc. 53Toledo HR Association Can my company monitor employee email and Internet usage and take employment action based on that monitoring? A. Yes B. Yes, if the employee signed a consent form consistent with either the model contract and/or safe harbor provisions of NRPA (National Right to Privacy Act) C. It depends on whether the company has a policy deflating any expectation of privacy and whether it’s consistently enforced D. No 53
    54. 54. ©2010 Manpower Inc.©2010 Manpower Inc. 5454Toledo HR Association Tech @ Work • 90% of policies are out-of-date • 90% of employees surf the ‘Net • 80% use social media to screen candidates • 70% have rejected applicants based on online info • 70% text while driving (23 times more likely to crash) • 50% ignore social media bans • 47% spend more than 30 minutes on-line • 40% block access to social networking sites • 25% change security settings to enhance socializing • 21% would turn down a job if unsocial • 84,000+ companies on Glassdoor.com (even the CIA) Sources: Consumer Reports, Vault.com, Wall Street Journal, Challenger, Gray & Christmas, Harris Interactive, Fulbright & Jaworski, Society of Corporate Compliance & Ethics, Cisco, Clearswift, Jobvite, Microsoft, Virginia Tech Driving Institute, Glassdoor.com
    55. 55. ©2010 Manpower Inc.©2010 Manpower Inc. 55 Tech @ Court • Think hard before you hit “delete” • Think hard before you hit “send” • Beware the Stored Communications Act (SCA): Don’t steal employee social networking passwords • Don’t intercept communications while being made • Disclose if blogger is hawking your products or services • “Sexting” is harassment • Beware CrackBerry OT Toledo HR Association 55
    56. 56. ©2010 Manpower Inc.©2010 Manpower Inc. 5656Toledo HR Association 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 deleted] great” D. “I’m really bummed that I’m working today, i asked off so i could study but my boss is a [expletive deleted] who can’t read.” E. “Coworker smuggled out a chair for me. Currently being paid to SIT around . . . I don’t hate my job today!” F. “I am working really hard right now and feel very fortunate to have a job.”
    57. 57. ©2010 Manpower Inc.©2010 Manpower Inc. 5757Toledo HR Association 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 deleted] great” D. “I’m really bummed that I’m working today, i asked off so i could study but my boss is a [expletive deleted] who can’t read.” E. “Coworker smuggled out a chair for me. Currently being paid to SIT around . . . I don’t hate my job today!” F. “I am working really hard right now and feel very fortunate to have a job.” Source: CNN, TwiTip.com
    58. 58. ©2010 Manpower Inc.©2010 Manpower Inc. 5858Toledo HR Association What Should Employers Do? • Implement a reasonable policy • Consistently enforce it • Train employees • Monitor OT • Hold everything during litigation • Disclose if a blogger is selling • Don’t steal social networking passwords • Don’t intercept communications while being made • Focus: job-related, job-related, job-related • Visit the Blawg
    59. 59. ©2010 Manpower Inc.©2010 Manpower Inc. 59Toledo HR Association What’s NEXT?
    60. 60. ©2010 Manpower Inc.©2010 Manpower Inc. Will PPACA go away? A. Yes B. No C. Maybe 60Toledo HR Association
    61. 61. ©2010 Manpower Inc.©2010 Manpower Inc. Will PPACA go away? A. Yes B. No C. Maybe 61Toledo HR Association
    62. 62. ©2010 Manpower Inc.©2010 Manpower Inc. 62Toledo HR Association 62 • Republicans probably won’t repeal but could block funding • Suit filed by sixteen state AGs, four governors, the National Federation of Independent Business and others • Florida federal court refused to dismiss claims that the law is unconstitutional on the grounds that (1) the individual mandate exceeds Congress’ authority and (2) its expansion of Medicaid constitutes unconstitutional coercion. Will PPACA Be Sent Packing?
    63. 63. ©2010 Manpower Inc.©2010 Manpower Inc. A. Congress B. EEOC C. ICE D. NLRB E. OSHA 63Toledo HR Association Which of the following should frighten employers the most right now?
    64. 64. ©2010 Manpower Inc.©2010 Manpower Inc. A. Congress B. EEOC C. ICE D. NLRB E. OSHA 64Toledo HR Association Which of the following should frighten employers the most right now?
    65. 65. ©2010 Manpower Inc.©2010 Manpower Inc. 65Toledo HR Association 65 NLRB Members • Democratic majority for the first time since 2001 • Democrats – Chair: Wilma Liebman (called NLRB an “ossified” statute that needs change) – Craig Becker (recess appointment, former SEIU and AFL-CIO lawyer and strong EFCA proponent) – Mark Pearce (recess appointment, former union attorney) • Republicans – Brian Hayes (R) • One vacancy
    66. 66. ©2010 Manpower Inc.©2010 Manpower Inc. 66Toledo HR Association 66 Who Needs Congress? • “Back Door” EFCA? – Card check? – Fast-track elections? – Union access to company property? – Prohibiting “captive audience” meetings? – Binding fast-track arbitration? • Other Bush-era decisions at risk – E-mail organizing rules – “Salts” – “Supervisor” definition – Representation of non-union employees in disciplinary interview – Extraordinary remedies
    67. 67. ©2010 Manpower Inc.©2010 Manpower Inc. 67Toledo HR Association What’s up with the Paycheck Fairness Act? A. It became effective July 1 B. It goes into effect January 1 C. It’s awaiting the President’s signature D. It’s officially up for consideration E. It’s officially dead 67
    68. 68. ©2010 Manpower Inc.©2010 Manpower Inc. 68Toledo HR Association What’s up with the Paycheck Fairness Act? A. It became effective July 1 B. It goes into effect January 1 C. It’s awaiting the President’s signature D. It’s officially up for consideration E. It’s officially dead 68
    69. 69. ©2010 Manpower Inc.©2010 Manpower Inc. What’s Next On the EEOC Hit List? • Grooming/dress? • Criminal background? • Credit history? • Bullying? • Baldness? 69Toledo HR Association
    70. 70. ©2010 Manpower Inc.©2010 Manpower Inc. 70Toledo HR Association Medical ISSUES
    71. 71. ©2010 Manpower Inc.©2010 Manpower Inc. 71Toledo HR Association Which of the following increase your chances of getting sued under GINA? A. Including questions about family medical history on your application B. Terminating an employee after a positive test C. Commingling medical and other information D. Asking too many ?s about medical issues E. Discriminating against employees named Gina F. All of the above except “E” 71
    72. 72. ©2010 Manpower Inc.©2010 Manpower Inc. 72Toledo HR Association Which of the following increase your chances of getting sued under GINA? A. Including questions about family medical history on your application B. Terminating an employee after a positive test C. Commingling medical and other information D. Asking too many ?s about medical issues E. Discriminating against employees named Gina F. All of the above except “E” 72
    73. 73. ©2010 Manpower Inc.©2010 Manpower Inc. 73 GINA (Genetic Information Nondiscrimination Act) Generally prohibits: • Employers from (1) collecting genetic info and (2) discriminating based on genetic info • Health insurers/plans from (1) requiring genetic testing and (2) discriminating based on genetic info • Retaliation Toledo HR Association 73
    74. 74. ©2010 Manpower Inc.©2010 Manpower Inc. 74Toledo HR Association An employee comes into your office at 4:58 on a Friday afternoon 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? 74
    75. 75. ©2010 Manpower Inc.©2010 Manpower Inc. 75Toledo HR Association An employee comes into your office at 4:58 on a Friday afternoon 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? JOB ACCOMMODATION NETWORK (JAN) 800-526-7234 jan.wvu.edu 75
    76. 76. ©2010 Manpower Inc.©2010 Manpower Inc. 76Toledo HR Association Wage & HOUR
    77. 77. ©2010 Manpower Inc.©2010 Manpower Inc. 77 How do you determine if an independent contractor is really an independent contractor? A. It depends on a confusing, ambiguous multi-factor test dependent on behavioral and financial control and the parties’ overall relationship that differs in worker’s compensation, tax and other contexts B. It is the employer’s option to choose either status, depending on which is more advantageous from a tax perspective C. It is the employee’s option to choose D. Under the newly passed Contractor Clarification Law, a person can be an independent contractor only if he or she (1) is separately incorporated, (2) provides services to other companies and (3) works in a recognized “profession” as defined under the law Toledo HR Association 77
    78. 78. ©2010 Manpower Inc.©2010 Manpower Inc. 78 How do you determine if an independent contractor is really an independent contractor? A. It depends on a confusing, ambiguous multi-factor test dependent on behavioral and financial control and the parties’ overall relationship that differs in workers’ compensation, tax and other contexts B. It is the employer’s option to choose either status, depending on which is more advantageous from a tax perspective C. It is the employee’s option to choose D. Under the newly passed Contractor Clarification Law, a person can be an independent contractor only if he or she (1) is separately incorporated, (2) provides services to other companies and (3) works in a recognized “profession” as defined under the law Toledo HR Association 78
    79. 79. ©2010 Manpower Inc.©2010 Manpower Inc. 79 Independent Contractor • KEY: CONTROL – behavioral and financial • DOL’s control factors: – Permanency of relationship – Contractor’s investment in equipment, etc. – Contractor’s opportunity for profit or loss – Contractor’s independent judgment and initiative – Whether services are integral to employer’s business Toledo HR Association 79
    80. 80. ©2010 Manpower Inc.©2010 Manpower Inc. 80 Exempt or Non-exempt? • Follow the tests, not assumptions • Job titles, descriptions and salary aren’t conclusive • If make sweeping changes, be very careful – back pay claims, increased OT costs, morale • Beware state law Toledo HR Association 80
    81. 81. ©2010 Manpower Inc.©2010 Manpower Inc. 81Toledo HR Association What Does the FLSA Require? • Minimum wage • Overtime unless exempt • 1.5 times regular rate for 40+ hours • Restriction of minors’ jobs/hours What Is the “Regular Rate”? The total amount earned in a particular workweek divided by the number of hours worked What Records Must Be Kept? • Wages paid and hours worked by non-exempt employees • Keep for 3 years What Are the Potential Penalties? • Class action • Back pay • Overtime pay • Monetary fines • Punitive damages • Injunctive relief • Criminal penalties • Attorneys’ fees
    82. 82. ©2010 Manpower Inc.©2010 Manpower Inc. 82Toledo HR Association When Is an Employee Exempt? Employees must be paid the minimum specified by statute and (except for the computer exemption) be salaried • Executive - Primarily engaged in management - Direct 2 or more FTEs - Authorized to affect terms and conditions of other employees through hiring, firing, etc. • Administrative - Office or non-manual work related to general business operations - Independent judgment and discretion in significant matters • Professional - Functions that require advanced knowledge in a field of science or learning • Computer - Functions that require application of systems analysis techniques, design or development of computer systems or programs, or the creation or modification of programs relating to operating systems • Outside Sales - Make sales and regularly work away from the employer’s business
    83. 83. ©2010 Manpower Inc.©2010 Manpower Inc. employees employees employees
    84. 84. ©2010 Manpower Inc.©2010 Manpower Inc. Your employees are thinking about leaving your company right now. 84Toledo HR Association A. True B. False
    85. 85. ©2010 Manpower Inc.©2010 Manpower Inc. Your employees are thinking about leaving your company right now. 85Toledo HR Association A. True B. False
    86. 86. ©2010 Manpower Inc.©2010 Manpower Inc. 80% of employers expect fewer than 5% of their employees to leave voluntarily in 2010 Source: Manpower 86Toledo HR Association
    87. 87. ©2010 Manpower Inc.©2010 Manpower Inc. Source: Right Management 87Toledo HR Association 60% of current employees intend to pursue new job opportunities when the economy improves
    88. 88. ©2010 Manpower Inc.©2010 Manpower Inc. 88Toledo HR Association Many employment disputes can be traced back to a lack of leadership. According to research, what is the single most important leadership trait? A. Charisma B. Humility C. Kindness D. Proactivity E. Results-driven F. Height G. Coordinating accessories H. Smooth dance moves 88
    89. 89. ©2010 Manpower Inc.©2010 Manpower Inc. 89Toledo HR Association Many employment disputes can be traced back to a lack of leadership. According to research, what is the single most important leadership trait? A. Charisma B. Humility C. Kindness D. Proactivity E. Results-driven F. Height G. Coordinating accessories H. Smooth dance moves 89
    90. 90. ©2010 Manpower Inc.©2010 Manpower Inc. 90Toledo HR Association 90 If you had to boil all of employment law, HR and management best practices down into one simple word, what would it be?
    91. 91. ©2010 Manpower Inc.©2010 Manpower Inc. LOVE
    92. 92. ©2010 Manpower Inc.©2010 Manpower Inc. 92 STRESSSSSSSSSSSSSSSSSSSSSSSSSSS • Average workweek: up 32% over past 25 years • Time spent in traffic: up 157% • 40% are sleep-deprived • 33% of employees are “chronically overworked” • 80% of medical expenses are now stress-related (Sources: Harris Interactive, Sage Software Survey, Urban Mobility Report, Business Week, Families and Work Institute, Centers for Disease Control and Prevention) Toledo HR Association
    93. 93. ©2010 Manpower Inc.©2010 Manpower Inc. 93 STRESSSSSSSSSSSSSSSSSSSSSSSSSSS • 465 million vacation days were squandered in 2009 • 83% check e-mail at least daily while on vacation • 1 in 6 employees has exhibited “desk rage” • The average employee is interrupted 7 times an hour and switches tasks every 3 minutes (Sources: Expedia.com, AOL, Caravan Opinion Research, TIME Magazine) Toledo HR Association
    94. 94. ©2010 Manpower Inc.©2010 Manpower Inc. 94 More Stress = More Lawsuits • The Bottom Line: U.S. companies lose between $200-$300 billion a year due to absenteeism, tardiness, burnout, decreased productivity, worker's compensation claims, increased employee turnover and medical insurance costs resulting from employee work-related stress. • The Lesson: LOVE YOUR EMPLOYEES. (Source: National Safety Council) Toledo HR Association
    95. 95. ©2010 Manpower Inc.©2010 Manpower Inc. 95Everything About Employment Law The Official Stay Out of Jail TO DO LIST
    96. 96. ©2010 Manpower Inc.©2010 Manpower Inc. 96 STAY OUT OF JAIL “TO DO” LIST  Stay on top of the law – it changes every 0.3 seconds  Get PROACTIVE -- audit and take action, especially: – Wage & hour – Independent contractors – I-9s – OSHA – Technology  Get REACTIVE -- investigate and document  Adopt and enforce a reasonable social media policy  Never ever retaliate  Manage lawyers and litigation aggressively (but fairly)  LOVE YOUR EMPLOYEES Toledo HR Association
    97. 97. ©2010 Manpower Inc.©2010 Manpower Inc. 97Toledo HR Association manpowerblogs.com
    98. 98. ©2010 Manpower Inc.©2010 Manpower Inc. FREE TOOLS • BLAWG – Cheat Sheets – Checklists – Employment Law News – Employment Law Library – Weekly Office Analysis – Question of the Week • ALERT • TWITTER @manpowerblawg 98Toledo HR Association
    99. 99. ©2010 Manpower Inc.©2010 Manpower Inc. 99Everything About Employment Law Employment Law SING- ALONG
    100. 100. ©2010 Manpower Inc.©2010 Manpower Inc. 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 jail 100
    101. 101. ©2010 Manpower Inc.©2010 Manpower Inc. Don’t put things off ‘til tomorrow Yes investigate right away Don’t procrastinate ‘Cause the more that you wait The more you may have to pay 101
    102. 102. ©2010 Manpower Inc.©2010 Manpower Inc. 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 attorneys 102
    103. 103. ©2010 Manpower Inc.©2010 Manpower Inc. Be honest, consistent and fair now Be ethical, trustworthy and true Let your conscience be king Yeah don’t do anything Your mom wouldn’t want you to do 103
    104. 104. ©2010 Manpower Inc.©2010 Manpower Inc. 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 attorneys 104
    105. 105. ©2010 Manpower Inc.©2010 Manpower Inc. Communication’s important And documentation is key Get all the facts Or you might get the axe And subpoenas you’ll have to flee 105
    106. 106. ©2010 Manpower Inc.©2010 Manpower Inc. 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 attorneys 106
    107. 107. ©2010 Manpower Inc.©2010 Manpower Inc. 107Toledo HR Association THANK YOU!
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