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Mark Toth
Chief Legal Officer
North America
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webinar in its entirety
(one person p...
with
Mark Toth
Chief Legal Officer
North America
Today’s Webinar Designer: YOU
What YOU Want Us To Talk About
What YOU Really Need to Know
YOUR Questions
YOUR 187% Free Re...
Official Disclaimer
The presentation you are about to witness is intended as
general commentary only and should not be rel...
Tweet along:
#mpwebinar
Follow Mark on Twitter:
@manpowerblawg
Visit Mark’s Blawg:
marktoth.com
Find us on Facebook:
faceb...
What YOUWant Us To Talk About
Wage & Hour
Latest Developments
Unions
Investigations
Terminations
Litigation Prevention/Management
SM @ Work
Hiring
Medic...
Is complying with employment laws
getting easier or harder?
Question
Really very extremely easier
Somewhat easier
No chang...
Are you seeing an increase in
employment law claims?
Question
Yes, substantial increase
Yes, moderate increase
No change
N...
@manpowerblawg
If you had to boil all of
employment law down
to one word, what
would it be?
What YOU Really Need to Know
Q
Tell us all we reeeally need to
know about the latest world
of work legal developments
in 10 minutes or less
(please).
The Supremes Rule
Retaliation Standard Toughened
Supervisor Definition Narrowed
Class Action Waivers Upheld
Class Action F...
What Else is New?
New FMLA
New HIPAA Rule
New EEOC ADA FAQs
New I-9s
GINA Is Real
What Else Else is New?
DOMA, FMLA & Same-sex Spouses
Online Whistleblower Complaints
Micro-units OK
Federal Contract Compl...
414.751.0126
Your first name
+ answer
414.751.0126
The answer: FALSE
YOUR Questions:
Wage & Hour
What ONE THING should I
do right after this webinar
to avoid my company
becoming the next wage
and hour class action victi...
1. On-call time 6. Travel during work hours
2. Commute time 7. Changing in/out uniform
3. Wait time 8. Donning/doffing saf...
The FMLA in Plain English
1. On-call time 6. Travel during work hours
2. Commute time 7. Changing in/out uniform
3. Wait t...
Exemption Basics
Executive
• Primarily engaged in management
• Direct 2 or more FTEs
• Authorized to affect terms and cond...
Wage and Hour Solutions
Know the Law
Train managers and employees on time-keeping
Complaint system: investigate promptly &...
YOUR Questions: Unions
True or False?
The NLRB only has jurisdiction over
unionized companies.
A. True
B. False
The NLRB only has jurisdiction over
unionized companies.
A. True
B. False
True or False?
Can you explain all the NLRB
appointment shenanigans?
Who’s on the Board now, who’s
not and why should employers
care? Als...
It seems like the government
keeps changing its position on
what employers can and can’t
do when it comes to social
media....
Every Social Media Case On 1 Slide
“Protected concerted activity”
Union or non-union
> 1
Wages / work conditions
Same in c...
So what are employers reeeally
using social media for?
Q
To Find Bad Stuff
50%: Inappropriate photos/info
48%: Drug /alcohol use
33%: Bad-mouthing prior employer
30%: Bad communic...
ManpowerGroup | Halloween 2012
YOUR Questions:
Investigations
ManpowerGroup | Halloween 2012
I’m thoroughly confused
about the new rules on
investigation confidentiality.
What’s the de...
ManpowerGroup | Halloween 2012
Investigation Confidentiality
Witness Protection
Evidence Destruction/Fabrication
Cover-up
...
ManpowerGroup | Halloween 2012
OK, I admit it. I’m an HR
person who doesn’t really
know all the steps in a good
investigat...
ManpowerGroup | Halloween 2012
Investigation Checklist
Step One: Prepare
Plan the investigation strategy
Review relevant p...
ManpowerGroup | Halloween 2012
Step Two: Investigate
Interview the complaining employee first
Now – don’t procrastinate
Vi...
YOU be the judge
Who wins?
A. Employer
B. Employee
C. Neither
Who wins?
A. Employer
B. Employee
C. Neither
YOU be the judge
YOUR Questions:
Terminations
11. Not telling real reasons
10. Poorly planned
termination meeting
9. Ignoring policies
and contracts
8. Bad post-termina...
Termination Review
Employee Handbook
Employment Agreement
Collective Bargaining Agreement
Personnel File
Performance Appra...
Termination Test
Reasonable notice of consequences?Notice
Related to (a) efficient and safe operations and
(b) performance...
Termination Meeting
Manager, HR, no 3rd parties (except union rep).
Security? Outplacement?
Manager: decision. HR: all els...
LIGHTNING Round
How Much Will YOU Pay?
$1M+
Big pattern
+/or reallllllly
horrible facts
1%
$100K-$1M
Pattern +/or
really horrible
facts
39...
ManpowerGroup | Halloween 2012
ADA How NOT To
Have an
inflexible
leave policy
Make snap
judgments
Don’t
interact
Don’t
acc...
ManpowerGroup | Halloween 2012
Discuss Discuss
Discuss Discuss
ManpowerGroup | Halloween 2012
Making Intermittent Leave Simple
Notice, 7 days to cureIncomplete
Certification
Clarify/aut...
ManpowerGroup | Halloween 2012
EEOC
Hiring
Pregnancy
Harassment
Vulnerable
Workers
Access
to Legal
System
ADA
LGBT
Stay out of Jail ACTION PLAN
Prison-free Plan
KNOW THE LAW
USE THE INVESTIGATION CHECKLIST
FOLLOW THE TERMINATION TIPS
LOVE YOUR EMPLOYEES
FOCUS ON KEY...
187% Free Stuff
Open 24 / 7 / 365.25
World’s Most
Fabulous
Employment Law
LIBRARY
On the Blawg
LEAST LIKELY TO
BE INCARCERATED
CONTEST
Employment Law SING-A-LONG
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, y...
The law, it’s always a-changing
With new acronyms every day
But if you visit my Blawg
You won’t be in the fog
And big verd...
So, 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 yo...
Don’t put things off til tomorrow
Yes investigate right away
Don’t procrastinate
Cuz the more that you wait
The more you w...
If your brain’s too full to remember
All the stuff we just covered above
There’s one little word
That sums up what you hea...
So, 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 yo...
INSERT NEW ICONTHANK YOU!
INSERT NEW ICON
Did you watch this webinar as a recording?
Please request your certificate at
www.manpowergroup.us/request...
Employment Law Talk Show
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Employment Law Talk Show

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Employment Law Talk Show

  1. 1. with Mark Toth Chief Legal Officer North America
  2. 2. General Information • Share the webinar • Votes (polling questions) • Rate (before you leave) • Attachments (download)
  3. 3. Audio Problems? The audio for this event is streaming to your computer. If you can’t hear through your computer speakers: US Dial-in Number: 1.877.465.4510 Passcode: 370615 75#
  4. 4. Earning HRCI Credit To receive 1 HRCI for this webinar, participants must attend the webinar in its entirety (one person per computer).
  5. 5. with Mark Toth Chief Legal Officer North America
  6. 6. Today’s Webinar Designer: YOU What YOU Want Us To Talk About What YOU Really Need to Know YOUR Questions YOUR 187% Free Resources YOUR Chance to Win Valuable Prizes
  7. 7. Official Disclaimer The presentation you are about to witness is intended as general commentary only and should not be relied upon or construed as legal advice. The views expressed are solely those of the presenter and not of ManpowerGroup. Failure to stay awake for the entirety of this presentation could result in long-lasting side-effects, including HR headaches, litigation nightmares and/or severe gastrointestinal discomfort from having to spend too much time with lawyers. Please consult with your own HR and Legal departments before making any major policy and/or procedure changes. You have been warned.
  8. 8. Tweet along: #mpwebinar Follow Mark on Twitter: @manpowerblawg Visit Mark’s Blawg: marktoth.com Find us on Facebook: facebook.com/manpowerUS
  9. 9. What YOUWant Us To Talk About
  10. 10. Wage & Hour Latest Developments Unions Investigations Terminations Litigation Prevention/Management SM @ Work Hiring Medical Leave Outside Counsel Management Source: ManpowerGroup Employment Blawg 1 2 3 4 5 6 7 8 9 10
  11. 11. Is complying with employment laws getting easier or harder? Question Really very extremely easier Somewhat easier No change Somewhat harder Really very extremely harder 0.1% 3.1% 22.1% 61.4% 13.3%
  12. 12. Are you seeing an increase in employment law claims? Question Yes, substantial increase Yes, moderate increase No change No, moderate decrease No, substantial decrease 3.3% 28.7% 65.9% 2.1% 0.0%
  13. 13. @manpowerblawg If you had to boil all of employment law down to one word, what would it be?
  14. 14. What YOU Really Need to Know
  15. 15. Q Tell us all we reeeally need to know about the latest world of work legal developments in 10 minutes or less (please).
  16. 16. The Supremes Rule Retaliation Standard Toughened Supervisor Definition Narrowed Class Action Waivers Upheld Class Action Fairness Reinforced DMV Plaintiff Recruitment Curtailed
  17. 17. What Else is New? New FMLA New HIPAA Rule New EEOC ADA FAQs New I-9s GINA Is Real
  18. 18. What Else Else is New? DOMA, FMLA & Same-sex Spouses Online Whistleblower Complaints Micro-units OK Federal Contract Compliance Manual Non-compete Suit Explosion
  19. 19. 414.751.0126 Your first name + answer
  20. 20. 414.751.0126 The answer: FALSE
  21. 21. YOUR Questions: Wage & Hour
  22. 22. What ONE THING should I do right after this webinar to avoid my company becoming the next wage and hour class action victim? Q
  23. 23. 1. On-call time 6. Travel during work hours 2. Commute time 7. Changing in/out uniform 3. Wait time 8. Donning/doffing safety gear 4. Meals < 30 9. Walking from changing area 5. Travel non-work hours 10. Rest > 30
  24. 24. The FMLA in Plain English 1. On-call time 6. Travel during work hours 2. Commute time 7. Changing in/out uniform 3. Wait time 8. Donning/doffing safety gear 4. Meals < 30 9. Walking from changing area 5. Travel non-work hours 10. Rest > 30 1. On-call time 6. Travel during work hours 2. Commute time 7. Changing in/out uniform 3. Wait time 8. Donning/doffing safety gear 4. Meals < 30 9. Walking from changing area 5. Travel non-work hours 10. Rest > 30
  25. 25. Exemption Basics Executive • Primarily engaged in management • Direct 2 or more FTEs • Authorized to affect terms and conditions of others 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
  26. 26. Wage and Hour Solutions Know the Law Train managers and employees on time-keeping Complaint system: investigate promptly & thoroughly Audit classifications and records Address any discrepancies immediately
  27. 27. YOUR Questions: Unions
  28. 28. True or False? The NLRB only has jurisdiction over unionized companies. A. True B. False
  29. 29. The NLRB only has jurisdiction over unionized companies. A. True B. False True or False?
  30. 30. Can you explain all the NLRB appointment shenanigans? Who’s on the Board now, who’s not and why should employers care? Also, is it true that all of the Board’s decisions of the past few years are invalid due to unconstitutional appointments? Q
  31. 31. It seems like the government keeps changing its position on what employers can and can’t do when it comes to social media. Can you sort it all out in one handy slide (please)? Q
  32. 32. Every Social Media Case On 1 Slide “Protected concerted activity” Union or non-union > 1 Wages / work conditions Same in cyberspace
  33. 33. So what are employers reeeally using social media for? Q
  34. 34. To Find Bad Stuff 50%: Inappropriate photos/info 48%: Drug /alcohol use 33%: Bad-mouthing prior employer 30%: Bad communication skills 28%: Discriminatory comments
  35. 35. ManpowerGroup | Halloween 2012 YOUR Questions: Investigations
  36. 36. ManpowerGroup | Halloween 2012 I’m thoroughly confused about the new rules on investigation confidentiality. What’s the deal? Q
  37. 37. ManpowerGroup | Halloween 2012 Investigation Confidentiality Witness Protection Evidence Destruction/Fabrication Cover-up Duration of Investigation Company Time/Property
  38. 38. ManpowerGroup | Halloween 2012 OK, I admit it. I’m an HR person who doesn’t really know all the steps in a good investigation. Please don’t tell my boss. Where can I find a handy guide to investigations that can help keep me from getting fired? Q
  39. 39. ManpowerGroup | Halloween 2012 Investigation Checklist Step One: Prepare Plan the investigation strategy Review relevant policies and handbook provisions Evaluate pros and cons of investigation Pick a competent and impartial investigator Analyze potential risk factors Review allegations and prep list of witnesses and questions Establish a confidential investigation file
  40. 40. ManpowerGroup | Halloween 2012 Step Two: Investigate Interview the complaining employee first Now – don’t procrastinate View the site of the alleged incident Each relevant witness identified by the complaining party should be interviewed Supervisors should be involved to provide context Take the time to gather all potentially relevant evidence Interview the accused Gather potentially mitigating evidence and talk to witnesses named by accused Analyze all the evidence objectively Talk to an attorney about any potential legal issues End the investigation with a written report and appropriate communication Investigation Checklist
  41. 41. YOU be the judge Who wins? A. Employer B. Employee C. Neither
  42. 42. Who wins? A. Employer B. Employee C. Neither YOU be the judge
  43. 43. YOUR Questions: Terminations
  44. 44. 11. Not telling real reasons 10. Poorly planned termination meeting 9. Ignoring policies and contracts 8. Bad post-termination communication 7. Ignoring past practice 6. Emotion over facts 5. Not getting a release 4. Inadequate documentation 3. Non-job-related factors 2. Not treating with dignity and respect 1. NOT firing someone who should be fired
  45. 45. Termination Review Employee Handbook Employment Agreement Collective Bargaining Agreement Personnel File Performance Appraisals Discipline Notices Manager Notes ALL other relevant docs
  46. 46. Termination Test Reasonable notice of consequences?Notice Related to (a) efficient and safe operations and (b) performance company should reasonably expect?Rule Full, fair and timely?Investigation Sufficient evidence that guilty as charged?Proof Rule consistently applied to all?Consistency Punishment fit the crime, considering (a) seriousness of offense and (b) service record?Penalty
  47. 47. Termination Meeting Manager, HR, no 3rd parties (except union rep). Security? Outplacement? Manager: decision. HR: all else. Final pay + notice (some states). In person. Not manager’s office. No projectiles. Mid-week #1, Friday #2, Monday worst. End of day #1, morning #2. Avoid holidays. Compassionate. Who? What? Where? When? How?
  48. 48. LIGHTNING Round
  49. 49. How Much Will YOU Pay? $1M+ Big pattern +/or reallllllly horrible facts 1% $100K-$1M Pattern +/or really horrible facts 39% $51-$100K 1 plaintiff + horrible facts 28%32% Sources: EEOC, Jury Verdict Research $1M+ Big pattern +/or reeeeeeeally horrible facts $100K-$1M Pattern +/or really horrible facts $51-$100K 1 plaintiff + horrible facts $0-$50K 1 plaintiff + no horrible facts
  50. 50. ManpowerGroup | Halloween 2012 ADA How NOT To Have an inflexible leave policy Make snap judgments Don’t interact Don’t accommodate Put dumb stuff in writing
  51. 51. ManpowerGroup | Halloween 2012 Discuss Discuss Discuss Discuss
  52. 52. ManpowerGroup | Halloween 2012 Making Intermittent Leave Simple Notice, 7 days to cureIncomplete Certification Clarify/authenticate HR, not supervisor Contact Provider Recert from original provider OR employer-paid 2nd opinion Recert or 2nd Option If conflict, final & binding 3rd Option
  53. 53. ManpowerGroup | Halloween 2012 EEOC Hiring Pregnancy Harassment Vulnerable Workers Access to Legal System ADA LGBT
  54. 54. Stay out of Jail ACTION PLAN
  55. 55. Prison-free Plan KNOW THE LAW USE THE INVESTIGATION CHECKLIST FOLLOW THE TERMINATION TIPS LOVE YOUR EMPLOYEES FOCUS ON KEY PRIORITIES Known violations Systemic issues Wage & hour EEOC priorities
  56. 56. 187% Free Stuff
  57. 57. Open 24 / 7 / 365.25 World’s Most Fabulous Employment Law LIBRARY
  58. 58. On the Blawg LEAST LIKELY TO BE INCARCERATED CONTEST
  59. 59. Employment Law SING-A-LONG
  60. 60. 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
  61. 61. The law, it’s always a-changing With new acronyms every day But if you visit my Blawg You won’t be in the fog And big verdicts you won’t have to pay
  62. 62. So, 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
  63. 63. Don’t put things off til tomorrow Yes investigate right away Don’t procrastinate Cuz the more that you wait The more you will have to pay
  64. 64. If your brain’s too full to remember All the stuff we just covered above There’s one little word That sums up what you heard Love love love love love love LOVE!
  65. 65. So, 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
  66. 66. INSERT NEW ICONTHANK YOU!
  67. 67. INSERT NEW ICON Did you watch this webinar as a recording? Please request your certificate at www.manpowergroup.us/requesthrci Photo credits: Shutterstock

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