All New Employment Law Quiz Show

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All New Employment Law Quiz Show

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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.
  • 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?
  • 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.
  • Age close 2nd (#1 in Fulbright – but disability not ranked).
  • FLSA Cheat sheet (including exemptions) on the Blawg
  • 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.
  • 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 . . .
  • It’s time for us to see what you’re seeing . . . [POLL] MP Quarterly Empt Lit Index. One of a kind.
  • 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.
  • October = Div Aness Month.
  • Too often, diversity neglects various Pd classes. Here’s just one . . .
  • 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 . . .
  • Several instances of Ees being fired and cos being embarrassed over Twitter tweets and other online activity. Train EEs: tweets are forever.
    A bipartisan group of Congressional leaders sent a letter this week to Facebook CEO Mark Zuckerberg ?g its privacy policies and procedures (on the heels of WSJ article ?g the same).
  • 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
  • Time for our quarterly social networking poll . . .
  • [POLL] Let’s see what you think. Should discn based solely on appearance be illegal? Express yourselves . . .
  • Another ? ripped straight from the headlines . . . Here’s Text-o-rama #3 . . . Name and correct letter to 4148990126 wins $50 giftcertificates.com.
    “ICE” stands for U.S. Immigration and Customs Enforcement, the primary investigative arm of the Department of Homeland Security. ICE has been generating quite a bit of publicity recently, thanks to large-scale workplace raids designed to net illegal immigrants.  In one case, ICE arrested 595 workers during a raid of a manufacturing plant in Mississippi.  That raid broke the previous record of 390 ICE arrests at an Iowa meatpacking plant last year. According to ICE, more than 100 owners, managers and HR professionals have been charged with crimes resulting from its raids. Just two weeks ago, ICE issued another 500+ NOIs to US employers, notifying ‘em that it’ll be coming after ‘em.
    Don’t let that happen to you.  Follow immigration laws — particularly I-9 procedures — to the letter.  For more tips, check out our handy Immigration Reform and Control Act (IRCA) Cheat Sheet on the Blawg.
  • A&F: Paperwork violations only. Only in MI stores – not even nationwide. Also, may have resulted from software glitches and nothing A&F itself did wrong.
  • EEOC Rastafarian dreadlocks case
  • Here’s the answer to Text-o-rama #3 . . .
    “ICE” stands for U.S. Immigration and Customs Enforcement, the primary investigative arm of the Department of Homeland Security. ICE has been generating quite a bit of publicity recently, thanks to large-scale workplace raids designed to net illegal immigrants.  In one case, ICE arrested 595 workers during a raid of a manufacturing plant in Mississippi.  That raid broke the previous record of 390 ICE arrests at an Iowa meatpacking plant last year. According to ICE, more than 100 owners, managers and HR professionals have been charged with crimes resulting from its raids. Just two weeks ago, ICE issued another 500+ NOIs to US employers, notifying ‘em that it’ll be coming after ‘em.
    Don’t let that happen to you.  Follow immigration laws — particularly I-9 procedures — to the letter.  For more tips, check out our handy Immigration Reform and Control Act (IRCA) Cheat Sheet on the Blawg.
  • Some ground-breaking research from the Harvard Biz Review in an article entitled How Sex Hurts the Workplace . . .
    A woman will most likely fail to achieve executive status “unless she is sponsored by a powerful senior executive — who, more often than not, is male and married.” As the article points out, that is often “where sex enters the picture.”
  • You don’t have to be the wplace romance police, however you should . . .
    If an employer fails to take any of the above action , it could easily wind up in court — possibly in a class action — and face humongous morale and productivity problems. Don’t let that happen to you.
  • April = publication deadline
  • 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 . . .
  • [POLL] Let’s see what you think. Should obesity discn be illegal? Express yourselves . . .
  • Here’s the answer to our last T-o-r. The PFA is now officially up for consideration. Sen. Maj Ldr Harry Reid filed a motion for cloture to get the debate/vote going. What exactly does the PFA do? Removes caps on paycheck lawsuits and some Er defenses. Biz groups oppose. One stated that it “would spawn a tidal wave of lawsuits and enmesh employers in endless litigation. The bill is a full-employment act for lawyers.” As a lawyer even I object to that.
  • Could reshape the way decisions are made. For those of you not completely up-to-speed on your 17th Century literature, the theory is based on a story by Jean de La Fontaine entitled The Monkey and the Cat. In that story, a scheming monkey convinces a cat to steal nuts from a fire. The cat ends up with a burned paw and the monkey with a full stomach. In the employment law arena, the Cat’s Paw Theory is used by a plaintiff who attempts to hold an employer liable by imputing the unlawful intent of a non-decisionmaker to an “innocent” decisionmaker. Particularly applies to orgs with centralized HR or decisionmakers who may not have a direct relationship with the affected party. In other words, to what extent will a company with an innocent decisionmaker be hung by a biased supervisor who influences a decision?
  • 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…
  • 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 . . .
  • Want more?
  • Posted shortly on Blawg . . .
  • One last question to help us prepare for our future webinars and Blawg content . . .
  • All New Employment Law Quiz Show

    1. 1. ©2010 Manpower Inc. The All New Employment Law QUIZ SHOW Mark Toth Chief Legal Officer NA October 21, 2010
    2. 2. ©2010 Manpower Inc.©2010 Manpower Inc. 2All New Employment Law Quiz Show Today’s Format • Shout-outs • What Are You Thinking? • Text-o-rama • Latest News • Tools & Tips • “Smartest Person in the Audience” Quiz
    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. 3All New Employment Law Quiz Show
    4. 4. ©2010 Manpower Inc.©2010 Manpower Inc. lawsuits lawsuits lawsuits
    5. 5. ©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 5All New Employment Law Quiz Show
    6. 6. ©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 6All New Employment Law Quiz Show Source: Jury Verdict Research
    7. 7. ©2010 Manpower Inc.©2010 Manpower Inc. A. 33% B. 53% C. 73% D. 93% E. 113% 7All New Employment Law Quiz Show What percentage of employers expect litigation to increase or stay the same this coming year?
    8. 8. ©2010 Manpower Inc.©2010 Manpower Inc. A. 33% B. 53% C. 73% D. 93% E. 113% Source: Fulbright & Jaworski 8All New Employment Law Quiz Show What percentage of employers expect litigation to increase or stay the same this coming year?
    9. 9. ©2010 Manpower Inc.©2010 Manpower Inc. What is the #1 most common discrimination claim? A. Age B. Disability C. Race D. Sex 9All New Employment Law Quiz Show
    10. 10. ©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 10All New Employment Law Quiz Show
    11. 11. ©2010 Manpower Inc.©2010 Manpower Inc. Which type of discrimination case are you least likely to win? A. Age B. Disability C. Pregnancy D. Race E. Sex 11All New Employment Law Quiz Show
    12. 12. ©2010 Manpower Inc.©2010 Manpower Inc. Which type of discrimination case are you least likely to win? A. Age B. Disability C. Pregnancy D. Race E. Sex 12All New Employment Law Quiz Show Sources: EEOC, Jury Verdict Research
    13. 13. ©2010 Manpower Inc.©2010 Manpower Inc. A. Age B. Disability C. Race D. Sex 13All New Employment Law Quiz Show What discrimination claim is likely to result in the biggest verdict?
    14. 14. ©2010 Manpower Inc.©2010 Manpower Inc. A. Age B. Disability C. Race D. Sex 14All New Employment Law Quiz Show Sources: Jury Verdict Research, Fulbright & Jaworski What discrimination claim is likely to result in the biggest verdict?
    15. 15. ©2010 Manpower Inc.©2010 Manpower Inc. What are an employer’s odds of winning at trial? 15All New Employment Law Quiz Show A. It is unlawful for employers to win B. 22% C. 42% D. 62% E. 82%
    16. 16. ©2010 Manpower Inc.©2010 Manpower Inc. What are an employer’s odds of winning at trial? 16All New Employment Law Quiz Show A. It is unlawful for employers to win B. 22% C. 42% D. 62% E. 82% Source: Jury Verdict Research
    17. 17. ©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 17All New Employment Law Quiz Show Which of the following is most likely to result in a humongous class action?
    18. 18. ©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 Sources: Littler Mendelson, Seyfarth Shaw, Manpower Employment Blawg 18All New Employment Law Quiz Show Which of the following is most likely to result in a humongous class action?
    19. 19. ©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 • 200 new Wage & Hour Compliance Officers • $25 million and 100 DOL enforcers to target independent contractor misclassifications Sources: EEOC, Littler Mendelson, Department of Labor, Manpower Employment Blawg 19All New Employment Law Quiz Show
    20. 20. ©2010 Manpower Inc.©2010 Manpower Inc. What Should Employers Do? • Know the law (especially exemption, overtime, break time and independent contract requirements) • Train managers and employees on time-keeping • Audit classifications and records • Address any pay discrepancies immediately • Limit use of electronic devices during non-work hours, vacations and leaves of absence • Implement complaint system and investigate promptly and thoroughly 20All New Employment Law Quiz Show
    21. 21. ©2010 Manpower Inc.©2010 Manpower Inc. What’s the best way to keep your employment litigation costs from bankrupting your organization? 21All New Employment Law Quiz Show 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
    22. 22. ©2010 Manpower Inc.©2010 Manpower Inc. 2222All New Employment Law Quiz Show 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
    23. 23. ©2010 Manpower Inc.©2010 Manpower Inc. A. Yes, substantial increase B. Yes, modest increase C. No change D. No, modest decrease E. No, substantial decrease 23All New Employment Law Quiz Show QUARTERLY LITIGATION INDEX: Are you seeing an increase in employment law claims?
    24. 24. ©2010 Manpower Inc.©2010 Manpower Inc. What’s the best way to keep your employment litigation costs from bankrupting your organization? 24All New Employment Law Quiz Show 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
    25. 25. ©2010 Manpower Inc.©2010 Manpower Inc. diversity diversity diversity
    26. 26. ©2010 Manpower Inc.©2010 Manpower Inc. Diversity training helps diversity. A. True B. False 26All New Employment Law Quiz Show
    27. 27. ©2010 Manpower Inc.©2010 Manpower Inc. Diversity training helps diversity. A. True B. False 27All New Employment Law Quiz Show Source: American Sociological Review
    28. 28. ©2010 Manpower Inc.©2010 Manpower Inc. Anti-diversity Training? • Review of 30+ years of data from 800+ companies found that mandatory diversity training was followed by a reduction of diversity in management: 12% for black males, 10% for black females and 7.5% for females generally • Problem isn’t diversity training per se. Problem is the type of mandatory diversity training typically offered by employers — superficial lawyers-made-us-do-it training that is forced on employees to avoid discrimination lawsuits Sources: American Sociological Review, Harvard University, University of Arizona, The Washington Post, TIME Magazine 28All New Employment Law Quiz Show
    29. 29. ©2010 Manpower Inc.©2010 Manpower Inc. So, what does help diversity? A. Accountability at the top B. Mentorships C. Creating a diversity point person or task force D. Recruiting from a wide variety of sources (e.g., minority colleges) E. All of the above 29All New Employment Law Quiz Show
    30. 30. ©2010 Manpower Inc.©2010 Manpower Inc. So, what does help diversity? A. Accountability at the top B. Mentorships C. Creating a diversity point person or task force D. Recruiting from a wide variety of sources (e.g., minority colleges) E. All of the above 30All New Employment Law Quiz Show Sources: University of Arizona, The Washington Post, TIME Magazine
    31. 31. ©2010 Manpower Inc.©2010 Manpower Inc. Frustrated by a continuing lack of diversity in your company, you create metrics to hold managers accountable for promoting diversity, including requirements that a certain % of new hires be diverse candidates. This approach is most likely: A. Lawful B. Unlawful 31All New Employment Law Quiz Show
    32. 32. ©2010 Manpower Inc.©2010 Manpower Inc. Frustrated by a continuing lack of diversity in your company, you create metrics to hold managers accountable for promoting diversity, including requirements that a certain % of new hires be diverse candidates. This approach is most likely: A. Lawful B. Unlawful 32All New Employment Law Quiz Show
    33. 33. ©2010 Manpower Inc.©2010 Manpower Inc. Don’t Forget Disability Diversity • 70% of companies have diversity policies but only 2/3 include disability as a component • Only 19% have a specific person/department to oversee hiring of persons with disabilities (versus 40% in 1995) • Only 21% of disabled persons are employed (versus 59% non-disabled) Sources: Kessler Foundation, National Organization on Disability 33All New Employment Law Quiz Show
    34. 34. ©2010 Manpower Inc.©2010 Manpower Inc. technology technology technology
    35. 35. ©2010 Manpower Inc.©2010 Manpower Inc. 3535All New Employment Law Quiz Show 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
    36. 36. ©2010 Manpower Inc.©2010 Manpower Inc. 3636All New Employment Law Quiz Show Tech @ Court • Tweets are forever • “Sexting” is harassment • Ignore purely personal communications • Beware CrackBerry OT • Don’t forget to hold • Congress, others targeting Facebook?
    37. 37. ©2010 Manpower Inc.©2010 Manpower Inc. 3737All New Employment Law Quiz Show 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.”
    38. 38. ©2010 Manpower Inc.©2010 Manpower Inc. 3838All New Employment Law Quiz Show 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
    39. 39. ©2010 Manpower Inc.©2010 Manpower Inc. POLL: Do you use a social networking tool? A. Yes B. No C. What’s social networking? 39All New Employment Law Quiz Show
    40. 40. ©2010 Manpower Inc.©2010 Manpower Inc. POLL: If yes, what do you use most? A. Facebook B. LinkedIn C. MySpace D. Twitter E. Other 40All New Employment Law Quiz Show
    41. 41. ©2010 Manpower Inc.©2010 Manpower Inc. 4141All New Employment Law Quiz Show 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
    42. 42. ©2010 Manpower Inc.©2010 Manpower Inc. 42All New Employment Law Quiz Show What’s NEW?
    43. 43. ©2010 Manpower Inc.©2010 Manpower Inc. Is there any chance the state lawsuits seeking to block PPACA will succeed? A. Yes B. No C. Maybe 43All New Employment Law Quiz Show
    44. 44. ©2010 Manpower Inc.©2010 Manpower Inc. Is there any chance the state lawsuits seeking to block PPACA will succeed? A. Yes B. No C. Maybe 44All New Employment Law Quiz Show
    45. 45. ©2010 Manpower Inc.©2010 Manpower Inc. 45All New Employment Law Quiz Show 45 • 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. • The court: “The power that the individual mandate seeks to harness is simply without prior precedent.” • What about the elections? Will PPACA Be Sent Packing?
    46. 46. ©2010 Manpower Inc.©2010 Manpower Inc. Someone tells you the “Ice Man” is at the door. What does that mean? A. You will have plenty of ice to keep bratwurst and mixed drinks properly chilled in your workplace B. The newly created Interstate Council on Employment (ICE) is seeking data on your workforce, including outsourcing, off-shoring and cross- border migration patterns C. The International Commission on Education (ICE) is about to present you with an award for your novel approach to EEO training which currently consists of proactively and strategically ignoring all employment disputes D. You’d better hope/pray that your I-9s are fully and lawfully completed 46All New Employment Law Quiz Show
    47. 47. ©2010 Manpower Inc.©2010 Manpower Inc. 47All New Employment Law Quiz Show 47 • 2,000+ cases (more than triple the rate before the crackdown) • 500+ new NOIs (Notice of Intent to Investigate) • Dozens of debarments (versus 0 pre-crackdown) • Quadrupled NIFs (Notice of Intent to Fine): $15+ million • $1+ million fine for Abercrombie & Fitch Cold Hard ICE Facts
    48. 48. ©2010 Manpower Inc.©2010 Manpower Inc. 48All New Employment Law Quiz Show 48 • Follow the law: ensure that all I-9s and supporting documentation are properly filled out and maintained. • Don’t wait for ICE: audit yourself and take corrective action on any incomplete or defective I-9s in line with ICE and EEOC guidelines. • Got an NOI? Respond promptly (or seek an extension if you need one). Refrain from tampering with any documents. Keep copies of everything you submit to ICE. Call a lawyer. What Should Employers Do?
    49. 49. ©2010 Manpower Inc.©2010 Manpower Inc. There is more discrimination against Muslims now than there was in the year immediately following 9/11. A. True B. False 49All New Employment Law Quiz Show
    50. 50. ©2010 Manpower Inc.©2010 Manpower Inc. There is more discrimination against Muslims now than there was in the year immediately following 9/11. A. True B. False Source: EEOC 50All New Employment Law Quiz Show
    51. 51. ©2010 Manpower Inc.©2010 Manpower Inc. 51All New Employment Law Quiz Show 51 • Anti-Muslim discrimination claims hit new high of 1,490 last year • Claims have more than doubled in the past five years and have far surpassed the number filed in the year after 9/11 • Public perception of Muslims has dropped from a 41% favorability rating in 2005 to just 30% now — a decrease of more than 25%. • “There is a hatred, an open hatred, and a lack of tolerance of people who are Muslim.” (Mary Jo O’Neill, EEOC) The Facts
    52. 52. ©2010 Manpower Inc.©2010 Manpower Inc. 52All New Employment Law Quiz Show 52 EEOC v. JBS USA • EEOC alleges that supervisors and co-workers “threw blood meat, and bones” at Muslim employees and repeatedly made anti-Muslim offensive comments in the workplace. • JBS allegedly refused to accommodate prayer-time requests of Muslim employees and then retaliated against them by firing them when they asked that their break times be changed during the Islamic holy month of Ramadan. The Suits
    53. 53. ©2010 Manpower Inc.©2010 Manpower Inc. 53All New Employment Law Quiz Show 53 Boudal v. Disney • Disney hostess alleges she was sent home when she refused to remove her hijab at work. • Her lawyer: Disney is “fearful the sight of a hijab would adversely impact its guests.” • Disney: “We’ve given her the opportunity to work in a backstage role the last several shifts she’s come in.” • Her lawyer’s rebuttal: “Take a ride on one of your own rides, a little thing called ‘It’s a Small World,’ which celebrates human diversity.” The Suits
    54. 54. ©2010 Manpower Inc.©2010 Manpower Inc. 54All New Employment Law Quiz Show 54 • Don’t tolerate harmful, offensive conduct by your employees that targets any protected class — including Muslims • Reasonably accommodate religious practices • Check out EEOC’s online religious accommodation FAQs and Best Employer Practices Guide What Should Employers Do?
    55. 55. ©2010 Manpower Inc.©2010 Manpower Inc. Someone tells you the “Ice Man” is at the door. What does that mean? A. You will have plenty of ice to keep bratwurst and mixed drinks properly chilled in your workplace B. The newly created Interstate Council on Employment (ICE) is seeking data on your workforce, including outsourcing, off-shoring and cross- border migration patterns C. The International Commission on Education (ICE) is about to present you with an award for your novel approach to EEO training which currently consists of proactively and strategically ignoring all employment disputes D. You’d better hope/pray that your I-9s are fully and lawfully completed 55All New Employment Law Quiz Show
    56. 56. ©2010 Manpower Inc.©2010 Manpower Inc. 56All New Employment Law Quiz Show An employee comes to you at 4:57 on a Friday afternoon and says, “I’m not making a complaint or anything like that but I think the CEO may be harassing me. But please don’t investigate or anything like that because I fear he’ll retaliate and he’s made some violent threats toward me and I fear for my safety.” What should you do? A. Don’t investigate B. Investigate right away C. Investigate after a “cooling off” period to potential workplace violence D. Investigate after promising the employee confidentiality to protect him/her 56
    57. 57. ©2010 Manpower Inc.©2010 Manpower Inc. 57All New Employment Law Quiz Show An employee comes to you at 4:57 on a Friday afternoon and says, “I’m not making a complaint or anything like that but I think the CEO may be harassing me. But please don’t investigate or anything like that because I fear he’ll retaliate and he’s made some violent threats toward me and I fear for my safety.” What should you do? A. Don’t investigate B. Investigate right away C. Investigate after a “cooling off” period to potential workplace violence D. Investigate after promising the employee confidentiality to protect him/her 57
    58. 58. ©2010 Manpower Inc.©2010 Manpower Inc. 58All New Employment Law Quiz Show 58 • 34% of executive women know a female co-worker who had an affair with her boss • 15% of women at the director level or above had an affair • 37% believe that the woman received a “career boost” • 70% of women (versus 61% of men) lose respect for a leader who has an affair • 56% of women (48% of men) feel animosity toward the couple • 65% of women (60% of men) believe that salary increases and other perks are traded for sexual favors Sources: Harvard Business Review; Center for Work-life Policy Think Harassment is Dead?
    59. 59. ©2010 Manpower Inc.©2010 Manpower Inc. 59All New Employment Law Quiz Show 59 • Have a policy that (1) clearly prohibits all forms of unlawful harassment and (2) contains a clear mechanism for reporting potential violations, including alternate paths when the alleged harasser is the complaining party’s boss. • Train all employees on the policy, with a special emphasis for managers on the dangers of workplace romance (particularly boss-subordinate). • Fully investigate all complaints, even if (1) the alleged harasser asks you not to and (2) the allegations are against the CEO or a superstar. • If the investigation warrants disciplinary action, take it (even if it means firing the CEO or superstar). • Carefully consider any and all communications related to the investigation, particularly if they concern a high-profile employee (and discuss them with experienced legal and PR counsel). What Employers Should Do
    60. 60. ©2010 Manpower Inc.©2010 Manpower Inc. 60All New Employment Law Quiz Show 60 A. The DOL issued a rule that will require employers to publish 401(k) fees and expenses B. 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 C. OSHA fines will likely increase due to new enhanced penalty procedures D. It’s now easier for unions to obtain injunctions during union elections E. The government issued a new toolkit to help employees with disabilities return to work F. All of the above What Else is New?
    61. 61. ©2010 Manpower Inc.©2010 Manpower Inc. 61All New Employment Law Quiz Show 61 A. The DOL issued a rule that will require employers to publish 401(k) fees and expenses B. 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 C. OSHA fines will likely increase due to new enhanced penalty procedures D. It’s now easier for unions to obtain injunctions during union elections E. The government issued a new toolkit to help employees with disabilities return to work F. All of the above What Else is New?
    62. 62. ©2010 Manpower Inc.©2010 Manpower Inc. 62All New Employment Law Quiz Show What’s NEXT?
    63. 63. ©2010 Manpower Inc.©2010 Manpower Inc. Which of the following should frighten employers the most right now? A. Congress B. EEOC C. ICE D. NLRB E. OSHA 63All New Employment Law Quiz Show
    64. 64. ©2010 Manpower Inc.©2010 Manpower Inc. Which of the following should frighten employers the most right now? A. Congress B. EEOC C. ICE D. NLRB E. OSHA 64All New Employment Law Quiz Show
    65. 65. ©2010 Manpower Inc.©2010 Manpower Inc. 65All New Employment Law Quiz Show 65 NLRB Process • “The NLRB has the ability to unduly increase union power and leverage without intervention by Congress.” (U.S. Chamber of Commerce) • Case decisions: slow, narrow, easy to reverse • GC Memoranda: fast, very narrow, easy to reverse • Rulemaking: fast, broad, hard to reverse
    66. 66. ©2010 Manpower Inc.©2010 Manpower Inc. 66All New Employment Law Quiz Show 66 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
    67. 67. ©2010 Manpower Inc.©2010 Manpower Inc. 67All New Employment Law Quiz Show 67 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
    68. 68. ©2010 Manpower Inc.©2010 Manpower Inc. 68All New Employment Law Quiz Show 68 Timing is Everything • No action before November elections • Lots of action between April and December 2011 – If Democrats maintain control over one or both houses = NLRB more aggressive – If Republicans win control of Congress = NLRB more restrained
    69. 69. ©2010 Manpower Inc.©2010 Manpower Inc. 69All New Employment Law Quiz Show 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 69
    70. 70. ©2010 Manpower Inc.©2010 Manpower Inc. A. Yes B. No C. Maybe 70All New Employment Law Quiz Show Is obesity discrimination illegal? A. Yes B. No C. Maybe
    71. 71. ©2010 Manpower Inc.©2010 Manpower Inc. A. Yes B. No C. Maybe 71All New Employment Law Quiz Show Is obesity discrimination illegal? A. Yes B. No C. Maybe
    72. 72. ©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 72All New Employment Law Quiz Show
    73. 73. ©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 73All New Employment Law Quiz Show
    74. 74. ©2010 Manpower Inc.©2010 Manpower Inc. POLL: Should obesity discrimination be illegal? A. Yes B. No 74All New Employment Law Quiz Show
    75. 75. ©2010 Manpower Inc.©2010 Manpower Inc. 75All New Employment Law Quiz Show 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 75
    76. 76. ©2010 Manpower Inc.©2010 Manpower Inc. What’s Next On the EEOC Hit List? • Grooming/dress? • Criminal background? • Credit history? • Bullying? • Baldness? 76All New Employment Law Quiz Show
    77. 77. ©2010 Manpower Inc.©2010 Manpower Inc. What’s Next With the Supremes? • Informal Complaints. Does retaliation protection extend to unwritten verbal complaints? (Kasten v. Saint-Gobain Performance Plastics) • “Associational” Discrimination. Does retaliation protection extend to an employee’s fiancé who alleges that he was terminated after she filed a discrimination complaint? (Thompson v. North American Stainless) • “Cat’s Paw” Liability. When is an employer liable for the unlawful intent of “bad actors” who caused or influenced — but did not make — an employment decision? (Staub v. Proctor Hospital) 77All New Employment Law Quiz Show
    78. 78. ©2010 Manpower Inc.©2010 Manpower Inc. employees employees employees
    79. 79. ©2010 Manpower Inc.©2010 Manpower Inc. Your employees are thinking about leaving your company right now. 79All New Employment Law Quiz Show A. True B. False
    80. 80. ©2010 Manpower Inc.©2010 Manpower Inc. Your employees are thinking about leaving your company right now. 80All New Employment Law Quiz Show A. True B. False
    81. 81. ©2010 Manpower Inc.©2010 Manpower Inc. 80% of employers expect fewer than 5% of their employees to leave voluntarily in 2010 Source: Manpower 81All New Employment Law Quiz Show
    82. 82. ©2010 Manpower Inc.©2010 Manpower Inc. Source: Right Management 82All New Employment Law Quiz Show 60% of current employees intend to pursue new job opportunities when the economy improves
    83. 83. ©2010 Manpower Inc.©2010 Manpower Inc. 83All New Employment Law Quiz Show 83All New Employment Law Quiz Show If you had to boil all of employment law, HR and management best practices down into one simple word, what would it be?
    84. 84. ©2010 Manpower Inc.©2010 Manpower Inc. LOVE
    85. 85. ©2010 Manpower Inc.©2010 Manpower Inc. 85All New Employment Law Quiz Show manpowerblogs.com
    86. 86. ©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 86All New Employment Law Quiz Show
    87. 87. ©2010 Manpower Inc.©2010 Manpower Inc. 87All New Employment Law Quiz Show Smartest Person in the Audience QUIZ
    88. 88. ©2010 Manpower Inc.©2010 Manpower Inc. A.Hiring B.Medical issues C. RIFs/Terminations D. Technology E.Wage and hour 88All New Employment Law Quiz Show QUARTERLY EMPLOYMENT LAW THERMOMETER: Which employment law issue currently gives you the most headaches?
    89. 89. ©2010 Manpower Inc.©2010 Manpower Inc. 89All New Employment Law Quiz Show THANK YOU!

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