Employer Survival Best Practice


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Quick easy strategy to reduce your company exposure to labor law violation claims.

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  • Welcome to Employer Survival. This is a sample from one of my workshop series. It’s about the Single Best Employer Practice. This is Nona Halvorsen of Halvorsen Human Resources. I’m glad you’re taking a few minutes out of your busy schedule to try a sample from one of the workshops I give. The whole purpose of my one hour workshops is to teach busy business owners and managers quick easy techniques for dealing with employee issues.
  • Before we go any further. Here’s my disclaimer. READ SLIDE
  • Employers are especially at risk when they are in denial. If you don’t do anything, because you think your not at risk or you think it will go away, it’s only a matter of time before something happens.
  • READ SLIDE - Ending up in court could be devastating for a small employer. Labor law claims can leave a big mess and cost a lot of money to clean up. We often hear about multimillion dollar settlements against large corporations. A relatively small claim can be around $30k plus the legal costs, and it’s not covered by liability insurance. And $30K could put a small business out of business.
  • We’re going to take some issues that employers ignore, because they’re too complicated to deal with. We’re going to break them down into something we can remember and implement. So, our goal today is READ SLIDE
  • Here is some of the Federal part of the complex issues. These laws prohibit discrimination against all kinds of things like race, disability, age, etc.
  • Here are more Federal laws. You can tell from the titles what type of discrimination they prohibit. Some of the Federal laws cover all employers and some apply to different size employers.
  • Then we have state laws that overlay the Federal. Here are the Washington state laws as an example that make the legal issues even more complex. In Washington, the laws cover additional unlawful discrimination AND case law has determined that it doesn’t matter what size employer – NO EMPLOYER CAN DISCRIMINATE. You may live in state that has different laws that over lay federal, but basically the way it works is that you comply with the higher standard or the more stringent law.
  • Are you confused yet? It can be VERY confusing, if you try to remember which laws apply to your business and which ones don’t.
  • If you put all this together the safest course of action as an employer would be to not discriminate no matter how many employees and no matter what sate you’re in. To summarize the laws by unlawful considerations, I have Federal on the left and WA state on the right as an example. READ SLIDE Even in summary this is still pretty complicated, but boils down to not discriminating. So rather than worry as an employer about what you’re NOT supposed to do it’s easier to focus on what you should take into consideration NEXT SLIDE
  • To simplify the employment process to it’s simplest terms, the only things you should take into consideration when making employment decisions are. READ SLIDE For example - If the job requires heavy lifting, don’t assume because an applicant is 5’3” 90lb female that she can’t to do it. I knew someone just like that, who ran a ranch by herself, fixed fences, threw around bales of hay, and shoed horses. Same thing with age, there are 80 year old marathon runners and 20 year old couch potatoes. So, don’t assume that age indicates physical fitness. If you really want to know if someone is fit you should send them for a fitness test. An example of business needs: If you’re hiring someone to just work weekends and an applicant can’t work on Saturday or Sunday, it doesn’t matter if it is for religious reasons. You don’t have to hire them and It’s not discriminatory, because you have a business need for weekend coverage. If you make employment decisions with these criteria you’ll greatly reduce your exposure to labor law claims.
  • As an employer your survival strategy should be READ SLIDE
  • Here is a list of some of the workshops I offer on the internet. READ SLIDE My goal is always to give busy employers processes that easy to understand and use.
  • Employer Survival Best Practice

    1. 1. Employer Survival The Single Best Employer Practice Sample from the Quick Start Employer Survival Series (8 minutes) Presented by Nona Halvorsen, SPHR www.HalvorsenHR.com
    2. 2. Disclaimer <ul><li>This presentation is not intended as legal advice. </li></ul><ul><li>I am not an attorney. </li></ul><ul><li>A presentation such as this cannot fully and properly apply to your specific circumstances. </li></ul><ul><li>These are good human resource practices that reduce legal exposure. </li></ul>© Copyright 2006 -2008 All Rights Reserved Halvorsen Human Resources
    3. 3. Employers Are At Risk <ul><li>Making employment decisions about: </li></ul><ul><ul><li>Hiring </li></ul></ul><ul><ul><li>Pay </li></ul></ul><ul><ul><li>Performance </li></ul></ul><ul><ul><li>Termination </li></ul></ul>© Copyright 2006 -2008 All Rights Reserved Halvorsen Human Resources
    4. 4. Doing this
    5. 5. You Could end up here
    6. 6. OUR GOAL <ul><li>A quick easy strategy to avoid legal issues during </li></ul><ul><ul><li>Hiring </li></ul></ul><ul><ul><li>Pay decisions </li></ul></ul><ul><ul><li>Performance review – good and bad </li></ul></ul><ul><ul><li>Termination – voluntary and involuntary </li></ul></ul>© Copyright 2006 -2008 All Rights Reserved Halvorsen Human Resources
    7. 7. Federal Laws <ul><li>Title VII of the Civil Rights Act of 1964 </li></ul><ul><li>Section 1981, Civil Rights Act of 1966 </li></ul><ul><li>Civil Rights Act of 1991 </li></ul><ul><li>Equal Pay Act </li></ul><ul><li>Age Discrimination in Employment Act (ADEA) </li></ul><ul><li>Older Workers Benefit Protection Act </li></ul>© Copyright 2006 -2008 All Rights Reserved Halvorsen Human Resources
    8. 8. More Federal Laws <ul><li>Americans With Disabilities Act (ADA) </li></ul><ul><li>Vocational Rehabilitation Act of 1973 </li></ul><ul><li>Uniformed Services Employment and Re-employment Act of 1994 </li></ul><ul><li>Veteran’s Re-Employment Act of 1974 </li></ul><ul><li>Vietnam Era Veteran’s Readjustment Assistance Acts of 1972 and 1974 </li></ul><ul><li>Immigration Reform and Control Act </li></ul>© Copyright 2006 -2008 All Rights Reserved Halvorsen Human Resources
    9. 9. Add on State Laws & Case Law <ul><li>SB 5340 (effective July 21, 2007 ) – Expands the definition of disability under WLAD. </li></ul><ul><li>SB5123 (effective July 21, 2007) – Protects from discrimination based on honorably discharged veteran and military status. </li></ul><ul><li>Pregnancy Disability/Discrimination (WAC 162-30-020) </li></ul><ul><li>Washington Law Against Discrimination (WLAD ), Chapter 49.60 </li></ul><ul><ul><li>CASE LAW </li></ul></ul><ul><ul><ul><li>Roberts v. Dudley, February 2000, State Supreme Court – Ruled that the state has established a clear public policy against discrimination even though an employer has less than eight employees. </li></ul></ul></ul><ul><ul><ul><li>Sedlaceck v. Hillis, July 2000, State Court of Appeals Division I – Held that the reasoning from “Roberts v. Dudley” would apply equally to disability discrimination. </li></ul></ul></ul>© Copyright 2006 -2008 All Rights Reserved Halvorsen Human Resources
    10. 10. Confused?
    11. 11. Unlawful Considerations Summarized <ul><li>Federal </li></ul><ul><li>Age (40+) </li></ul><ul><li>Race </li></ul><ul><li>Religion </li></ul><ul><li>National Origin </li></ul><ul><li>Sex </li></ul><ul><li>Marital Status </li></ul><ul><li>Medical Condition </li></ul><ul><li>Military Status </li></ul><ul><li>WA State Add Ons </li></ul><ul><li>Exercising rights </li></ul><ul><li>Sexual orientation, </li></ul><ul><li>including </li></ul><ul><li>gender identity </li></ul><ul><li>Sensory, mental, physical disability </li></ul><ul><li>Use of a service animal </li></ul><ul><li>Pregnancy </li></ul>© Copyright 2006 -2008 All Rights Reserved Halvorsen Human Resources
    12. 12. Simplified Criteria for Employment Decisions <ul><li>Skills and ability to do the job </li></ul><ul><ul><li>Without stereotypes, prejudice or bias </li></ul></ul><ul><li>Business needs </li></ul>© Copyright 2006 -2008 All Rights Reserved Halvorsen Human Resources
    13. 13. Survival Strategy <ul><li>Develop employment processes that keep the focus on: </li></ul><ul><ul><li>Skills and abilities </li></ul></ul><ul><ul><li>Business needs </li></ul></ul><ul><ul><li>AND </li></ul></ul><ul><ul><li>Consistent </li></ul></ul><ul><ul><li>Objective </li></ul></ul>© Copyright 2006 -2008 All Rights Reserved Halvorsen Human Resources
    14. 14. One-hour Workshop Series <ul><li>Hiring Step-By-Step </li></ul><ul><li>Strategic Plan </li></ul><ul><li>Retention </li></ul><ul><li>Job Descriptions </li></ul><ul><li>Hiring Process </li></ul><ul><li>Structured Interviews </li></ul><ul><li>Performance Management </li></ul><ul><li>Policies </li></ul><ul><li>Pay </li></ul><ul><li>Coaching </li></ul><ul><li>Performance Review </li></ul><ul><li>Performance Correction </li></ul>© Copyright 2006 -2008 All Rights Reserved Halvorsen Human Resources
    15. 15. For more on the presentation topic or another HR topic SIGNUP UP FOR A WEBINAR by emailing [email_address] or visit my website at www.HalvorsenHR.com