with                   Mark Toth                   Chief Legal Officer                   North AmericaJanuary 31, 2013
General Information                   • Share the webinar                   • Votes (polling questions)                   ...
Audio Problems?                   The audio for this event is streaming                    to your computer. If you can‟t ...
Earning HRCI Credit                       To receive 1 HRCI for this                       webinar, participants must     ...
with                   Mark Toth                   Chief Legal Officer                   North AmericaJanuary 31, 2013
Stay Out Of Jail in 2013                                             LEASTWHAT ARE                      JAIL-FREE     LIKE...
Official DisclaimerThe presentation you are about to witness is intendedas general commentary only and should not be relie...
Tweet along:      #mpwebinar Follow Mark on Twitter:   @manpowerblawg   Visit Mark‟s Blawg:      marktoth.com   Find us on...
187% Free Stuff
Open 24 / 7 / 365.25         World’s Most Fabulous           Employment Law          LIBRARY
What are   YOU thinking?
Question           Is complying with employment laws                                getting easier or more difficult?Reall...
Question           Are you seeing an increase in                           employment law claims?Yes, substantial increase...
Employment Law Thermometer                    FMLA 21.0%                                         ADA 13.2%                ...
What ONE thing  concerns you mostabout the world of work        in 2013?
Everything.
ADA ADEA Audits BenefitsDiversity EEOC EngagementFLSA FMLA HIPAA HiringI9s 1099s ICE InvestigationsNLRB OFCCP OSHA Privacy...
The   BIG picture
@manpowerblawgIf you had to boil all ofemployment law down   to one word, what      would it be?
What do YOU think?What percentage of employeeswould fire their bosses right now?A. 36%B. 56%C. 76%D. 96%
What do YOU think?What percentage of employeeswould fire their bosses right now?A. 36%B. 56%C. 76%D. 96%Source: Monster.com
What do YOU think?What percentage of your employeesare thinking about leaving yourcompany right now?A. 26%B. 46%C. 66%D. 86%
What do YOU think?What percentage of your employeesare thinking about leaving yourcompany right now?A. 26%B. 46%C. 66%D. 8...
1/25 bosses                                        = psycho                    80%                                        ...
The Bottom Line:Employees are really very  extremely incredibly      disgruntled.
The Goal:Get your employees gruntled.
How to   GET SUED big now
True or False?Employers win more employmentlawsuits than they lose.A. TrueB. False
True or False?Employers win more employmentlawsuits than they lose.A. TrueB. FalseSource: Jury Verdict Research
49%Source: Jury Verdict Research
What Are Your Odds?   ALL                  AGE     DISABILITY   RACE   SEX49%                  60%         56%         50%...
How Much Will YOU Pay?                                                                        1%    32%                   ...
True or False?Class action $$$ decreased last year.A. TrueB. False
True or False?Class action $$$ decreased last year.A. TrueB. FalseSource: Seyfarth Shaw
Top 10 Settlements        Before Dukes        After Dukes        $346M           >   $49MSource: Seyfarth Shaw
Lawsuit Facts & Figures                        Wage & Hour Suits (Up 893)               99,412 Charges: Second Most Ever  ...
Big Rulings Coming?       More retaliation?      More supervisors?    Less affirmative action?       More whistling?     M...
Get Plaintiffs‟ Lawyers to LOVE You                                                        Lie                            ...
What new   LAWS might be coming?
New in 2013?Employment Non-discrimination Act      Paycheck Fairness Act       Healthy Families Act    Immigration Reform ...
Get the   EEOC to LOVE You
Hiring                                     Vulnerable    Pregnancy                                      Workers           ...
The“New Sheriff”  Left Town
New @ the   NLRB
True or False?The NLRB only has jurisdiction overunionized companies.A. TrueB. False
True or False?The NLRB only has jurisdiction overunionized companies.A. TrueB. False
BREAKING NEWSBREAKING    NEWS NLRB Appointments      NLRB  APPOINTMENTS    UnconstitutionalUNCONSTITUTIONAL
True or False?Union membership declined more inPresident Obama‟s first term than inPresident Bush‟s two terms combined.A. ...
True or False?Union membership declined more inPresident Obama‟s first term than inPresident Bush‟s two terms combined.A. ...
11.2%Source: Bureau of Labor Statistics
What do YOU think?Did NLRB ULP charges and $ awardsgo up or down in 2012?A. UpB. Down
What do YOU think?Did NLRB ULP charges and $ awardsgo up or down in 2012?A. UpB. DownSource: National Labor Relations Board
Every Recent NLRB Decision On One Page       “Protected concerted activity”               Union or non-union              ...
On Hold“Quickie”             Union rights election                   Everything?               posting   rules
ADA, FMLA, HIPAA, OSHA …   YIKES!
No More Yikes!
414.751.0126What % of you out there aresleep-deprived  right now?
MOST CREATIVE EXCUSES FOR MISSING WORK                                                   “My dog had a nervous breakdown.”...
30%Source: Harvard Medical School
Zombie Nation                        40.6M workplace zombies                          $63.2B lost productivity            ...
Tip of the Day      Get some   ZZZZZZZZZs.(Just not now, please.)
FMLA in a Minute     Guidelines for Adult Children CareFacebook Festival Frolic = FMLA Fraud Firing           New DOL FMLA...
FMLA in Plain English
ADA in a MinuteWorkforce Recruitment ProgramADA-inclusive Workplace Tutorial    Domestic Violence Q&A Teachers with pedoph...
ADA How NOT To   Have an                                          Put dumb               Make snap    Don‟t         Don‟t ...
Discuss   DiscussDiscuss   Discuss
OSHA in a Minute         Tomorrow: OSHA 300A    Coming soon: 1,260 Inspections   Additional infectious disease regs?Injury...
HIPAA in a Minute        New final omnibus rule  September 23: New privacy noticesAmend business associate agreements Not ...
Avoid the   WAGE & HOUR abyss
New FLSA StuffMisclassification Initiative: 11,400 +   80%   WHD: “Do you know the law?” survey     Independent contractor...
Get   SOCIAL MEDIA now
New SM Stuff                    75% use SM but <10% trained                        Facebook makes you fat                 ...
Quarterly SM IndexDo you currently use social media@ work?A. YesB. NoC. What‟s social media?
Quarterly SM IndexWhat SM tool do you use most@ work?A. FacebookB. Google+C. LinkedInD. TwitterE. Other
What do YOU think?How do those about to enter theworkforce rank the following in orderof importance?A. Social Activities, ...
What do YOU think?How do those about to enter theworkforce rank the following in orderof importance?A. Social Activities, ...
So what else is   NEW?
Other NEW Stuff         New FCRA forms   OFCCP vet & disability rules      OFCCP comp data tool   Veganism might be a reli...
Stay out of Jail   ACTION PLAN
Prison in 2013 PlanDon„t open the Tool BoxDon‟t visit the EL LibraryDon‟t sign up for Mark‟s alertsDon‟t follow Mark on Tw...
Prison-free in 2013 Plan   KNOW THE LAW   FOCUS ON KEY PRIORITIES   Known violations   Systemic issues   Wage & hour   EEO...
On the Blawg … LEAST LIKELY TOBE INCARCERATED  CONTEST
Employment Law   SING-A-LONGManpowerGroup | Halloween 2012
2013 won‟t be easy        If you listen you surely won‟t fail             We wrote you this song              So please si...
The law, it‟s always a-changing    With new acronyms every day      But if you visit my Blawg       You won‟t be in the fo...
So, remember this song       And you‟ll never go wrongYes we wish you the best on your journeys         You‟ll stay out of...
Don‟t put things off til tomorrow             Yes investigate right away                 Don‟t procrastinate             C...
If your brain‟s too full to remember     All the stuff we just covered above            There‟s one little word         Th...
So, remember this song       And you‟ll never go wrongYes we wish you the best on your journeys         You‟ll stay out of...
THANK YOU!INSERT NEW ICON
Did you watch this webinar as a recording?                  Please request your certificate atINSERT NEW ICON             ...
What’s New and What&rsquo;s Next 2013
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What’s New and What&rsquo;s Next 2013

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What’s New and What&rsquo;s Next 2013

  1. 1. with Mark Toth Chief Legal Officer North AmericaJanuary 31, 2013
  2. 2. General Information • Share the webinar • Votes (polling questions) • Rate (before you leave) • Attachments (download)January 31, 2013
  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: 370 615 75#January 31, 2013
  4. 4. Earning HRCI Credit To receive 1 HRCI for this webinar, participants must attend the webinar in its entirety (one person per computer).January 31, 2013
  5. 5. with Mark Toth Chief Legal Officer North AmericaJanuary 31, 2013
  6. 6. Stay Out Of Jail in 2013 LEASTWHAT ARE JAIL-FREE LIKELY WHAT‟S WHAT‟S YOU ACTION TO BE NEW? NEXT? IMPRISONEDTHINKING? PLAN CONTEST
  7. 7. Official DisclaimerThe presentation you are about to witness is intendedas 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 litigation headaches, recurringnightmares 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. 187% Free Stuff
  10. 10. Open 24 / 7 / 365.25 World’s Most Fabulous Employment Law LIBRARY
  11. 11. What are YOU thinking?
  12. 12. Question Is complying with employment laws getting easier or more difficult?Really very extremely easier 0% Somewhat easier 3% No change 11% Somewhat scarier 22%Really very extremely scarier 64% Source: ManpowerGroup Employment Blawg
  13. 13. Question Are you seeing an increase in employment law claims?Yes, substantial increase 3% Yes, moderate increase 30% No change 65% No, moderate decrease 1%No, substantial decrease 1%Source: ManpowerGroup Employment Blawg
  14. 14. Employment Law Thermometer FMLA 21.0% ADA 13.2% Firing 12.3% Wage & Hour 11.5% Hiring 7.8% Discrimination 7.5% Investigations 6.6% Social Media 6.2% Unions 4.0% Harassment 3.7%Source: ManpowerGroup Employment Blawg
  15. 15. What ONE thing concerns you mostabout the world of work in 2013?
  16. 16. Everything.
  17. 17. ADA ADEA Audits BenefitsDiversity EEOC EngagementFLSA FMLA HIPAA HiringI9s 1099s ICE InvestigationsNLRB OFCCP OSHA PrivacyRetaliation Retention RIFs SSATalent Technology TerminationsUC USERRA Wage & Hour WC
  18. 18. The BIG picture
  19. 19. @manpowerblawgIf you had to boil all ofemployment law down to one word, what would it be?
  20. 20. What do YOU think?What percentage of employeeswould fire their bosses right now?A. 36%B. 56%C. 76%D. 96%
  21. 21. What do YOU think?What percentage of employeeswould fire their bosses right now?A. 36%B. 56%C. 76%D. 96%Source: Monster.com
  22. 22. What do YOU think?What percentage of your employeesare thinking about leaving yourcompany right now?A. 26%B. 46%C. 66%D. 86%
  23. 23. What do YOU think?What percentage of your employeesare thinking about leaving yourcompany right now?A. 26%B. 46%C. 66%D. 86%Source: Right Management
  24. 24. 1/25 bosses = psycho 80% 32% sedentary workweek increase $300B 33% 62% chronically workload overworked increaseSources: Dr. Paul Babiak, Pennington Biomedical Research Center,Kronos, Families & Work Institute, Harris Interactive
  25. 25. The Bottom Line:Employees are really very extremely incredibly disgruntled.
  26. 26. The Goal:Get your employees gruntled.
  27. 27. How to GET SUED big now
  28. 28. True or False?Employers win more employmentlawsuits than they lose.A. TrueB. False
  29. 29. True or False?Employers win more employmentlawsuits than they lose.A. TrueB. FalseSource: Jury Verdict Research
  30. 30. 49%Source: Jury Verdict Research
  31. 31. What Are Your Odds? ALL AGE DISABILITY RACE SEX49% 60% 56% 50% 36%Source: Jury Verdict Research
  32. 32. How Much Will YOU Pay? 1% 32% 28% 39%$100K-$1M $1M+$1M+ $0-$50K $51-$100K Pattern +/or Big pattern +/or $100K-$1M Big pattern 1 plaintiff + 1 plaintiff + Pattern really horrible reeeeeeeally $51-$100K +/or +/or reallllllly no horrible facts horrible facts really horrible facts horrible facts 1 plaintiff + facts horrible facts horrible factsSources: EEOC, Jury Verdict Research
  33. 33. True or False?Class action $$$ decreased last year.A. TrueB. False
  34. 34. True or False?Class action $$$ decreased last year.A. TrueB. FalseSource: Seyfarth Shaw
  35. 35. Top 10 Settlements Before Dukes After Dukes $346M > $49MSource: Seyfarth Shaw
  36. 36. Lawsuit Facts & Figures Wage & Hour Suits (Up 893) 99,412 Charges: Second Most Ever EEOC Suits Filed EEOC Systemic Investigations 4X EEOC $$$ IncreaseSources: EEOC, Seyfarth Shaw
  37. 37. Big Rulings Coming? More retaliation? More supervisors? Less affirmative action? More whistling? More trade secrets?
  38. 38. Get Plaintiffs‟ Lawyers to LOVE You Lie Discipline inconsistently Investigate + document Ignore your poorly policies Ignore the law
  39. 39. What new LAWS might be coming?
  40. 40. New in 2013?Employment Non-discrimination Act Paycheck Fairness Act Healthy Families Act Immigration Reform Act Employee Free Choice Act
  41. 41. Get the EEOC to LOVE You
  42. 42. Hiring Vulnerable Pregnancy Workers EEOCHarassment ADA Access to Legal LGBT System
  43. 43. The“New Sheriff” Left Town
  44. 44. New @ the NLRB
  45. 45. True or False?The NLRB only has jurisdiction overunionized companies.A. TrueB. False
  46. 46. True or False?The NLRB only has jurisdiction overunionized companies.A. TrueB. False
  47. 47. BREAKING NEWSBREAKING NEWS NLRB Appointments NLRB APPOINTMENTS UnconstitutionalUNCONSTITUTIONAL
  48. 48. True or False?Union membership declined more inPresident Obama‟s first term than inPresident Bush‟s two terms combined.A. TrueB. False
  49. 49. True or False?Union membership declined more inPresident Obama‟s first term than inPresident Bush‟s two terms combined.A. TrueB. FalseSource: Bureau of Labor Statistics
  50. 50. 11.2%Source: Bureau of Labor Statistics
  51. 51. What do YOU think?Did NLRB ULP charges and $ awardsgo up or down in 2012?A. UpB. Down
  52. 52. What do YOU think?Did NLRB ULP charges and $ awardsgo up or down in 2012?A. UpB. DownSource: National Labor Relations Board
  53. 53. Every Recent NLRB Decision On One Page “Protected concerted activity” Union or non-union >1 Wages / work conditions Same in cyberspace
  54. 54. On Hold“Quickie” Union rights election Everything? posting rules
  55. 55. ADA, FMLA, HIPAA, OSHA … YIKES!
  56. 56. No More Yikes!
  57. 57. 414.751.0126What % of you out there aresleep-deprived right now?
  58. 58. MOST CREATIVE EXCUSES FOR MISSING WORK “My dog had a nervous breakdown.” “My toe was stuck in a faucet.” “I was upset after watching The Hunger Games.” “I was bitten by a bird.." “I was sick from reading too much.” “My sobriety tool kept my car from starting.” “My hair turned orange.” “I forgot you hired me.”2012‟s “I was suffering from a broken heart.”Source: CareerBuilder
  59. 59. 30%Source: Harvard Medical School
  60. 60. Zombie Nation 40.6M workplace zombies $63.2B lost productivity 7.8 days lost 60% nightly sleep problems 9.6% asleep right now?Sources: Harvard Medical School, National Sleep Federation,Centers for Disease Control & Prevention,"Insomnia and the Performance of U.S. Workers”
  61. 61. Tip of the Day Get some ZZZZZZZZZs.(Just not now, please.)
  62. 62. FMLA in a Minute Guidelines for Adult Children CareFacebook Festival Frolic = FMLA Fraud Firing New DOL FMLA guide
  63. 63. FMLA in Plain English
  64. 64. ADA in a MinuteWorkforce Recruitment ProgramADA-inclusive Workplace Tutorial Domestic Violence Q&A Teachers with pedophobia?
  65. 65. ADA How NOT To Have an Put dumb Make snap Don‟t Don‟t inflexible stuff in judgments interact accommodateleave policy writing
  66. 66. Discuss DiscussDiscuss Discuss
  67. 67. OSHA in a Minute Tomorrow: OSHA 300A Coming soon: 1,260 Inspections Additional infectious disease regs?Injury & Illness Prevention Program (I2P2) Stricter reporting obligations
  68. 68. HIPAA in a Minute New final omnibus rule September 23: New privacy noticesAmend business associate agreements Not all violations = security breaches
  69. 69. Avoid the WAGE & HOUR abyss
  70. 70. New FLSA StuffMisclassification Initiative: 11,400 + 80% WHD: “Do you know the law?” survey Independent contractor amnesty Exemption for domestic service “Right to Know” Rule?
  71. 71. Get SOCIAL MEDIA now
  72. 72. New SM Stuff 75% use SM but <10% trained Facebook makes you fat FaceWash weknowwhatyouredoing.com Glassdoor.com: crazy interview ?sSources: SilkRoad, Keith Wilcox,Columbia Business School, Glassdoor.com
  73. 73. Quarterly SM IndexDo you currently use social media@ work?A. YesB. NoC. What‟s social media?
  74. 74. Quarterly SM IndexWhat SM tool do you use most@ work?A. FacebookB. Google+C. LinkedInD. TwitterE. Other
  75. 75. What do YOU think?How do those about to enter theworkforce rank the following in orderof importance?A. Social Activities, Romance, Music, InternetB. Internet, Social Activities, Romance, MusicC. Music, Social Activities, Internet, RomanceD. Romance, Internet, Music, Social Activities
  76. 76. What do YOU think?How do those about to enter theworkforce rank the following in orderof importance?A. Social Activities, Romance, Music, InternetB. Internet, Social Activities, Romance, MusicC. Music, Social Activities, Internet, RomanceD. Romance, Internet, Music, Social ActivitiesSource: Cisco
  77. 77. So what else is NEW?
  78. 78. Other NEW Stuff New FCRA forms OFCCP vet & disability rules OFCCP comp data tool Veganism might be a religionOK to fire “irresistible” employees?
  79. 79. Stay out of Jail ACTION PLAN
  80. 80. Prison in 2013 PlanDon„t open the Tool BoxDon‟t visit the EL LibraryDon‟t sign up for Mark‟s alertsDon‟t follow Mark on TwitterDon‟t visit the Blawg every 0.3 seconds
  81. 81. Prison-free in 2013 Plan KNOW THE LAW FOCUS ON KEY PRIORITIES Known violations Systemic issues Wage & hour EEOC priorities INVESTIGATE & DOCUMENT ALL CLAIMS BEWARE RETALIATION LOVE YOUR EMPLOYEES
  82. 82. On the Blawg … LEAST LIKELY TOBE INCARCERATED CONTEST
  83. 83. Employment Law SING-A-LONGManpowerGroup | Halloween 2012
  84. 84. 2013 won‟t be easy If you listen you surely won‟t fail We wrote you this song So please sing along If you don‟t, you could end up in jailManpowerGroup | Halloween 2012
  85. 85. The law, it‟s always a-changing With new acronyms every day But if you visit my Blawg You won‟t be in the fogAnd big verdicts you won‟t have to payManpowerGroup | Halloween 2012
  86. 86. So, remember this song And you‟ll never go wrongYes we wish you the best on your journeys You‟ll stay out of court And you won‟t have to pay no attorneysManpowerGroup | Halloween 2012
  87. 87. 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 payManpowerGroup | Halloween 2012
  88. 88. 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!ManpowerGroup | Halloween 2012
  89. 89. So, remember this song And you‟ll never go wrongYes we wish you the best on your journeys You‟ll stay out of court And you won‟t have to pay no attorneysManpowerGroup | Halloween 2012
  90. 90. THANK YOU!INSERT NEW ICON
  91. 91. Did you watch this webinar as a recording? Please request your certificate atINSERT NEW ICON www.manpowergroup.us/requesthrci

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