The annual Managing Labor + Employee Relations Seminar took place on Tuesday, March 4, at 8:30 a.m. at the Fawcett Center and provided valuable information about best practices and the changing regulations that are important for employers to know.
The half-day seminar, designed for business owners and professionals in human resources and employment law, discussed the following topics: reasonable accommodation under the Americans with Disabilities Act; investigating employee claims; information on the Affordable Care Act and the options employers have; and tips on how retaliation claims can be handled and avoided.
This document provides an overview of key labor and employment law issues and trends from 2014. It discusses both winners and losers from various legal developments. Labor unions and the EEOC faced setbacks, while employees gained protections regarding LGBT rights, working from home, and the use of medical marijuana and social media. Employers lost challenges to NLRB pro-union rulings and saw an expansion of joint employer liability. Strong documentation is emphasized as important to defend against discrimination and other employee claims.
Kegler Brown and the Center for Operational Excellence at The Ohio State University presented "Legal Common Sense: Tips + Trends for the Professional Woman" on Thursday, January 16.
Attorneys Rasheeda Khan, Loriann Fuhrer, Vinita Bahri-Mehra and Stephanie Union discussed the following: employment and social media; doing business internationally; information on Ohio's OVI laws; and balancing work and personal life.
Ohio lawyer ethics attorneys Jason Beehler and Chris Weber presented this “New Lawyer Training” to the Columbus Bar Association on December 15, 2015. This comprehensive program covered the full range of topics related to lawyers and the practice of law. The 222-slide addresses myriad topics, including:
Historical Evolution of the Lawyer’s Role
o Public Perception of Lawyers
o Lawyer Perceptions of Other Lawyers
Professionalism
o Lawyers’ Creed
o Aspirational Ideals
The Professionalism-Ethics Continuum
o Tacky Advertising
o Deposition Dos + Don’ts
Law Firm Management
o Engagement Letter Best Practices
o Issues with Dual Representation
o Fee Sharing Between Firms
o Doing Business with Clients
o Declining Representation
o Client Communications
o Withdrawing Representation
o Management of Non-Lawyers
o Direct Solicitation + Business Development
o Managing Client Funds + Trust Accounts
The Ohio Lawyer Disciplinary Process
o Overview of the System
o Protecting a Law License
o Forms of Discipline
Larry Feheley, chair of the Labor + Employment practice, presented "NLRB Ambush Election + Persuader Rules" at a breakfast briefing at Kegler Brown on August 14, 2014.
He discussed the new "Ambush Election" and "Persuader Rule" regulations that could be enacted by the National Labor Relations Board during the summer of 2014.
Kegler Brown's annual seminar on professional responsibility took place on October 16, 2015, at the Sheraton Columbus Hotel at Capitol Square. This well-regarded, half-day seminar focused on providing Ohio's lawyers and judges with timely information regarding ethics and professionalism.
Jason Beehler presented "Social Media Evidence" at the National Business Institute's "How to Get Your Social Media, Email and Text Evidence Admitted (and Keep Theirs Out)" seminar on October 29, 2015, in Worthington, Ohio.
This document summarizes recent developments in lawyer discipline and criminal conduct from 2014. It discusses several cases of lawyers who were disciplined or suspended for felony convictions related to offenses such as filing false tax returns, forgery, and theft. It also discusses cases of judges who received criminal convictions. The document outlines the process for interim suspension of lawyers and notes several lawyers who received interim suspension in 2014 for felonies. It identifies factors courts consider when determining sanctions and provides examples of sanctions imposed in 2014. Finally, it discusses some ethics issues that are particularly relevant to in-house counsel.
- An Immigration Judge (IJ) was proposed for a one-day suspension by the Assistant Chief Immigration Judge (ACIJ) for inappropriate conduct in the workplace on March 28, 2012. The IJ became angry about possible changes to the court schedule, slammed the door to the Court Administrator's office, and yelled for 15 minutes, disturbing staff.
- In response, the IJ accepted some responsibility but denied yelling. After reviewing a memo summarizing witness statements, the Deputy Chief Immigration Judge (DCIJ) found the IJ's statements lacked consistency and credibility compared to colleagues' accounts of temperamental behavior and upset. The DCIJ upheld the one-day suspension, finding preponderant evidence supported the charges.
This document provides an overview of key labor and employment law issues and trends from 2014. It discusses both winners and losers from various legal developments. Labor unions and the EEOC faced setbacks, while employees gained protections regarding LGBT rights, working from home, and the use of medical marijuana and social media. Employers lost challenges to NLRB pro-union rulings and saw an expansion of joint employer liability. Strong documentation is emphasized as important to defend against discrimination and other employee claims.
Kegler Brown and the Center for Operational Excellence at The Ohio State University presented "Legal Common Sense: Tips + Trends for the Professional Woman" on Thursday, January 16.
Attorneys Rasheeda Khan, Loriann Fuhrer, Vinita Bahri-Mehra and Stephanie Union discussed the following: employment and social media; doing business internationally; information on Ohio's OVI laws; and balancing work and personal life.
Ohio lawyer ethics attorneys Jason Beehler and Chris Weber presented this “New Lawyer Training” to the Columbus Bar Association on December 15, 2015. This comprehensive program covered the full range of topics related to lawyers and the practice of law. The 222-slide addresses myriad topics, including:
Historical Evolution of the Lawyer’s Role
o Public Perception of Lawyers
o Lawyer Perceptions of Other Lawyers
Professionalism
o Lawyers’ Creed
o Aspirational Ideals
The Professionalism-Ethics Continuum
o Tacky Advertising
o Deposition Dos + Don’ts
Law Firm Management
o Engagement Letter Best Practices
o Issues with Dual Representation
o Fee Sharing Between Firms
o Doing Business with Clients
o Declining Representation
o Client Communications
o Withdrawing Representation
o Management of Non-Lawyers
o Direct Solicitation + Business Development
o Managing Client Funds + Trust Accounts
The Ohio Lawyer Disciplinary Process
o Overview of the System
o Protecting a Law License
o Forms of Discipline
Larry Feheley, chair of the Labor + Employment practice, presented "NLRB Ambush Election + Persuader Rules" at a breakfast briefing at Kegler Brown on August 14, 2014.
He discussed the new "Ambush Election" and "Persuader Rule" regulations that could be enacted by the National Labor Relations Board during the summer of 2014.
Kegler Brown's annual seminar on professional responsibility took place on October 16, 2015, at the Sheraton Columbus Hotel at Capitol Square. This well-regarded, half-day seminar focused on providing Ohio's lawyers and judges with timely information regarding ethics and professionalism.
Jason Beehler presented "Social Media Evidence" at the National Business Institute's "How to Get Your Social Media, Email and Text Evidence Admitted (and Keep Theirs Out)" seminar on October 29, 2015, in Worthington, Ohio.
This document summarizes recent developments in lawyer discipline and criminal conduct from 2014. It discusses several cases of lawyers who were disciplined or suspended for felony convictions related to offenses such as filing false tax returns, forgery, and theft. It also discusses cases of judges who received criminal convictions. The document outlines the process for interim suspension of lawyers and notes several lawyers who received interim suspension in 2014 for felonies. It identifies factors courts consider when determining sanctions and provides examples of sanctions imposed in 2014. Finally, it discusses some ethics issues that are particularly relevant to in-house counsel.
- An Immigration Judge (IJ) was proposed for a one-day suspension by the Assistant Chief Immigration Judge (ACIJ) for inappropriate conduct in the workplace on March 28, 2012. The IJ became angry about possible changes to the court schedule, slammed the door to the Court Administrator's office, and yelled for 15 minutes, disturbing staff.
- In response, the IJ accepted some responsibility but denied yelling. After reviewing a memo summarizing witness statements, the Deputy Chief Immigration Judge (DCIJ) found the IJ's statements lacked consistency and credibility compared to colleagues' accounts of temperamental behavior and upset. The DCIJ upheld the one-day suspension, finding preponderant evidence supported the charges.
Harassment & Discrimination in the WorkplacePam Howland
This document summarizes a presentation on harassment and discrimination in the workplace. It discusses current issues regarding discrimination based on sexual orientation and pregnancy. It also reviews a recent Idaho discrimination case and the Supreme Court's narrowing of the definition of supervisor in harassment cases. Finally, it provides tips for employers to prevent discrimination and harassment claims, such as implementing anti-harassment policies, training managers, conducting fair investigations, and keeping detailed employee records.
This document defines sexual harassment and outlines the types of behavior it includes. Sexual harassment is unwelcome conduct of a sexual nature that is severe or pervasive enough to negatively impact the work environment or work performance. There are two main types: quid pro quo harassment, where a supervisor demands sexual favors in exchange for work benefits, and hostile work environment harassment, involving unwelcome verbal, physical or visual conduct that is sexual in nature. Examples given include unwanted jokes/comments, unwanted touching, and transmitting inappropriate images. The document provides steps for filing a complaint.
This document provides information about sexual harassment, including definitions of quid pro quo and hostile work environment harassment. It discusses court cases related to these topics. It also covers how to file a sexual harassment complaint, the role of HR in addressing complaints, and tips for documenting harassment. The document contains a quiz about sexual harassment and links to videos further explaining the concepts.
sexual harassment at work place ppt by parameshParameswar Rao
The document defines sexual harassment and provides examples of unwelcome conduct of a sexual nature that can create a hostile work environment. It notes that sexual harassment includes unwelcome behavior between any individuals in a work setting, regardless of sex or position. The document advises telling the harassing individual to stop, documenting incidents, and reporting issues immediately to a supervisor or designated official for investigation and corrective action.
Sexual Harassment PowerPoint PPT Content Modern SampleAndrew Schwartz
136 slides include: what is and is not sexual harassment, 6 types of sexual harassment, various classes of harassment, who is the harasser, what sexual harassment causes, the complaint procedure, the consequences and effects of sexual harassment, statistics, sexual harassment policies in other countries as compared to those in the United States of America and more.
This case discusses sexual harassment at Infosys, where a female employee filed a case against her manager in the US. The manager engaged in stalking, blackmail and threats against the woman from 1999-2000. Infosys initially did not address the case until 2002. They eventually settled with the woman for $3.9 million out of court instead of in court. Following this, Infosys implemented new policies like training and strengthened processes to prevent future harassment.
This document defines sexual harassment and outlines the types of behavior it includes. Sexual harassment is unwelcome conduct of a sexual nature that affects work conditions or creates a hostile environment. It can include verbal comments, visual displays, physical contact or assault. For behavior to be considered harassment it must be either severe or pervasive. The document provides examples of quid pro quo harassment and hostile work environment harassment. It concludes by explaining the steps to file a formal complaint about sexual harassment in the workplace.
This document provides information about sexual harassment and diversity in an educational setting. It defines sexual harassment and discusses the different types, including quid pro quo and hostile work environment harassment. It also outlines university policies and legal definitions related to sexual harassment. The document discusses cultural diversity on college campuses and provides tips for tutors working with underprepared students from diverse backgrounds. It stresses the importance of respecting different perspectives and cultures.
Four general mistakes lawyers make regarding social media: 1) Failing to recognize the blurred lines between public and private information on social media. 2) Not understanding that social media activities are still subject to ethics rules and terms of service. 3) Improperly using social media for investigations or discovery. 4) Not advising clients about responsible social media use. Lawyers have faced sanctions such as reprimands, suspensions and firings for social media mistakes including revealing confidential information, making inappropriate comments, misrepresenting qualifications, and ex parte communications.
Seth Bloom serves as an Orleans Parish School Board representative for District 5, which encompasses much of Uptown New Orleans and the New Orleans Warehouse District. Seth Bloom has been a dedicated and respected member of the Orleans Parish School Board since he first ran for the board in 2008.
Steve's comments about the models' physical attributes in front of female co-workers could contribute to creating a hostile work environment, depending on the nature and frequency of the comments as well as how they are perceived by and impact the female co-workers. A single, isolated comment may not be enough, but a pattern of objectifying or sexual comments directed at the female employees could rise to the level of harassment. The totality of the circumstances would need to be considered.
Presentation is all about the Sexual Harassment on the women in the workplace and also talks about the law to protect women against these kind of inhuman activities.
Sexual harassment student packet power pointVilina Hutter
The document discusses sexual harassment in the workplace. It defines sexual harassment and outlines federal and state laws regarding different types of sexual harassment including quid pro quo, hostile work environment, and harassment by non-employees. Examples of inappropriate behaviors that could constitute sexual harassment are provided. The document also discusses why victims may hesitate to report harassment and provides advice on how to handle harassment if it occurs.
Sexual Harassment at Workplace - Pilot Survey ReportAzaadi
Azaadi conducted a pilot survey to ascertain the extent and impact of sexual harassment in the workplace.
Azaadi is a feminist organization that works on prevention of sexual harassment in the workplace, along with other gender based issues.
The document discusses issues that can arise when conducting background checks on candidates and employees. It covers checking criminal records, credit histories, verifying resumes and references. It also discusses managing employee conduct on social media and the potential immigration implications of hiring foreign nationals with criminal convictions. Employers are advised to obtain proper consent, have policies addressing dishonesty or misrepresentation, and consider relevance when taking action related to off-duty conduct or background check findings.
Gowlings Employment & Labour Law Group and Grand River Personnel address key areas of interest for HR in 2015 including: The Good, The Bad & The Ugly (legal developments from 2014), AODA, investigations, disability, retirement, leadership/culture and employee engagement and more.
This document provides information about preventing unionization in the workplace. It discusses early signs of union activity, preparing an effective anti-union campaign, and actions employers should take in response to specific union organizing scenarios. The document emphasizes winning union elections and avoiding mistakes through proper training and swift action against early union activity.
The document discusses labor management strategies for the 21st century. It outlines how labor is a major cost for many companies and labor management can help reduce costs through improved productivity and employee retention. Modern labor management involves setting engineered performance standards, measuring employee performance, and providing incentives like bonuses to motivate employees and reward high performance. Regular feedback is important and technology allows for near real-time tracking of performance. Case studies show how various companies achieved productivity gains and cost savings through implementing labor management programs.
Harassment & Discrimination in the WorkplacePam Howland
This document summarizes a presentation on harassment and discrimination in the workplace. It discusses current issues regarding discrimination based on sexual orientation and pregnancy. It also reviews a recent Idaho discrimination case and the Supreme Court's narrowing of the definition of supervisor in harassment cases. Finally, it provides tips for employers to prevent discrimination and harassment claims, such as implementing anti-harassment policies, training managers, conducting fair investigations, and keeping detailed employee records.
This document defines sexual harassment and outlines the types of behavior it includes. Sexual harassment is unwelcome conduct of a sexual nature that is severe or pervasive enough to negatively impact the work environment or work performance. There are two main types: quid pro quo harassment, where a supervisor demands sexual favors in exchange for work benefits, and hostile work environment harassment, involving unwelcome verbal, physical or visual conduct that is sexual in nature. Examples given include unwanted jokes/comments, unwanted touching, and transmitting inappropriate images. The document provides steps for filing a complaint.
This document provides information about sexual harassment, including definitions of quid pro quo and hostile work environment harassment. It discusses court cases related to these topics. It also covers how to file a sexual harassment complaint, the role of HR in addressing complaints, and tips for documenting harassment. The document contains a quiz about sexual harassment and links to videos further explaining the concepts.
sexual harassment at work place ppt by parameshParameswar Rao
The document defines sexual harassment and provides examples of unwelcome conduct of a sexual nature that can create a hostile work environment. It notes that sexual harassment includes unwelcome behavior between any individuals in a work setting, regardless of sex or position. The document advises telling the harassing individual to stop, documenting incidents, and reporting issues immediately to a supervisor or designated official for investigation and corrective action.
Sexual Harassment PowerPoint PPT Content Modern SampleAndrew Schwartz
136 slides include: what is and is not sexual harassment, 6 types of sexual harassment, various classes of harassment, who is the harasser, what sexual harassment causes, the complaint procedure, the consequences and effects of sexual harassment, statistics, sexual harassment policies in other countries as compared to those in the United States of America and more.
This case discusses sexual harassment at Infosys, where a female employee filed a case against her manager in the US. The manager engaged in stalking, blackmail and threats against the woman from 1999-2000. Infosys initially did not address the case until 2002. They eventually settled with the woman for $3.9 million out of court instead of in court. Following this, Infosys implemented new policies like training and strengthened processes to prevent future harassment.
This document defines sexual harassment and outlines the types of behavior it includes. Sexual harassment is unwelcome conduct of a sexual nature that affects work conditions or creates a hostile environment. It can include verbal comments, visual displays, physical contact or assault. For behavior to be considered harassment it must be either severe or pervasive. The document provides examples of quid pro quo harassment and hostile work environment harassment. It concludes by explaining the steps to file a formal complaint about sexual harassment in the workplace.
This document provides information about sexual harassment and diversity in an educational setting. It defines sexual harassment and discusses the different types, including quid pro quo and hostile work environment harassment. It also outlines university policies and legal definitions related to sexual harassment. The document discusses cultural diversity on college campuses and provides tips for tutors working with underprepared students from diverse backgrounds. It stresses the importance of respecting different perspectives and cultures.
Four general mistakes lawyers make regarding social media: 1) Failing to recognize the blurred lines between public and private information on social media. 2) Not understanding that social media activities are still subject to ethics rules and terms of service. 3) Improperly using social media for investigations or discovery. 4) Not advising clients about responsible social media use. Lawyers have faced sanctions such as reprimands, suspensions and firings for social media mistakes including revealing confidential information, making inappropriate comments, misrepresenting qualifications, and ex parte communications.
Seth Bloom serves as an Orleans Parish School Board representative for District 5, which encompasses much of Uptown New Orleans and the New Orleans Warehouse District. Seth Bloom has been a dedicated and respected member of the Orleans Parish School Board since he first ran for the board in 2008.
Steve's comments about the models' physical attributes in front of female co-workers could contribute to creating a hostile work environment, depending on the nature and frequency of the comments as well as how they are perceived by and impact the female co-workers. A single, isolated comment may not be enough, but a pattern of objectifying or sexual comments directed at the female employees could rise to the level of harassment. The totality of the circumstances would need to be considered.
Presentation is all about the Sexual Harassment on the women in the workplace and also talks about the law to protect women against these kind of inhuman activities.
Sexual harassment student packet power pointVilina Hutter
The document discusses sexual harassment in the workplace. It defines sexual harassment and outlines federal and state laws regarding different types of sexual harassment including quid pro quo, hostile work environment, and harassment by non-employees. Examples of inappropriate behaviors that could constitute sexual harassment are provided. The document also discusses why victims may hesitate to report harassment and provides advice on how to handle harassment if it occurs.
Sexual Harassment at Workplace - Pilot Survey ReportAzaadi
Azaadi conducted a pilot survey to ascertain the extent and impact of sexual harassment in the workplace.
Azaadi is a feminist organization that works on prevention of sexual harassment in the workplace, along with other gender based issues.
The document discusses issues that can arise when conducting background checks on candidates and employees. It covers checking criminal records, credit histories, verifying resumes and references. It also discusses managing employee conduct on social media and the potential immigration implications of hiring foreign nationals with criminal convictions. Employers are advised to obtain proper consent, have policies addressing dishonesty or misrepresentation, and consider relevance when taking action related to off-duty conduct or background check findings.
Gowlings Employment & Labour Law Group and Grand River Personnel address key areas of interest for HR in 2015 including: The Good, The Bad & The Ugly (legal developments from 2014), AODA, investigations, disability, retirement, leadership/culture and employee engagement and more.
This document provides information about preventing unionization in the workplace. It discusses early signs of union activity, preparing an effective anti-union campaign, and actions employers should take in response to specific union organizing scenarios. The document emphasizes winning union elections and avoiding mistakes through proper training and swift action against early union activity.
The document discusses labor management strategies for the 21st century. It outlines how labor is a major cost for many companies and labor management can help reduce costs through improved productivity and employee retention. Modern labor management involves setting engineered performance standards, measuring employee performance, and providing incentives like bonuses to motivate employees and reward high performance. Regular feedback is important and technology allows for near real-time tracking of performance. Case studies show how various companies achieved productivity gains and cost savings through implementing labor management programs.
Union prevention training for operations and HR managers and supervisor. A detailed primer on recognizing union activity for what it is and how to prevent a successful organizing campaign. This is not "anti-union" but rather, pro-company in approach. The student will learn how a campaign begins, matures, and finishes and what happens after a campaign.
This document provides an overview of labor unions and collective bargaining. It discusses the role of unions in representing workers' interests to management. Key aspects covered include the formation of unions, national unions, major labor laws, the NLRB process for union certification, collective bargaining and contract negotiations, the scope of bargaining issues, preventing strikes through alternative dispute resolution, and grievance procedures.
This document discusses labor unions, labor relations, and collective bargaining. It defines labor unions as organizations that represent workers' collective interests and labor relations as the interactions between unions and employers. The document notes that most employees are not unionized but unions can help ensure fair wages and benefits for workers. It also discusses the roles of labor relations employees, the National Labor Relations Board, the Wagner Act, and the Taft-Hartley Act in regulating unions and collective bargaining.
Chapter 14 The Dynamics of Labor RelationsRayman Soe
This chapter discusses labor unions and the laws governing labor relations. It covers the major federal laws that provide the framework for labor relations such as the Railway Labor Act, the Norris-LaGuardia Act, the Wagner Act, the Taft-Hartley Act, and the Landrum-Griffin Act. The chapter describes the process of union organization, collective bargaining, and contract administration. It also examines the roles and strategies of unions and employers in labor relations.
Chapter 14 Labor Relations and Collective BargainingWisnu Dewobroto
This document summarizes key topics in labor relations and collective bargaining. It discusses the history of labor unions and legislation in the United States, including the Wagner Act, Taft-Hartley Act, and National Labor Relations Board. It also covers the unionization process, collective bargaining process, and critical issues currently facing unions such as declining membership.
5 Employee Relations Metrics you Should be Tracking & WhyDovetail Software
If tracked correctly, ER metrics can help determine the root cause of workforce trends in your organization. In this webinar, human capital strategy consultant and 20-year HR veteran Cathy Missildine-Martin will reveal five critical ER metrics you should be tracking and why.
Join us to learn:
* Why ER metrics are just as important to HR analytics as performance metrics
* How to use ER metrics to drive corporate policy change
* What ER metrics you should be tracking and what they reveal
* How to use technology to track, measure and report on ER metrics
This must-attend webinar will help ensure that you’re including the metrics necessary to paint a full picture of what’s going on in your organization’s workforce and have the insight you need to build an effective human capital strategy.
On Tuesday, March 7 our Labor + Employee Relations attorneys hosted their annual Managing Labor + Employee Relations Seminar.
Topics of discussion included a preview of what is to come for labor + employment law in 2017, workers' comp claims, OSHA inspections, FLSA, and FMLA.
Strategies of Employee relations and High Performance StrategiesRajan Neupane
The document discusses strategic employee relation strategies and performance management. It outlines different approaches to employee relations like adversarial, traditional, partnership and power sharing. It also discusses developing high performance work systems through analyzing business strategy, defining performance culture, identifying gaps, and prioritizing and implementing improvements.
The document discusses traffic conditions and resources for traffic information in Southern California. It finds that SoCal has the worst traffic in the US based on congestion, time wasted in traffic, busiest freeway interchange, and wasted gas. It then provides information on various tools for checking traffic conditions before and during drives, including Internet sites, GPS devices, cell phones, and radio. This includes ratings of some popular portable GPS devices.
This document discusses key considerations for Ohio businesses looking to export to Brazil, focusing on political, economic, social, and technological factors (PEST analysis). It outlines three main issues that could impact a Brazilian business strategy: organizational structure, labor issues, and regulation/taxation. Finally, it looks at infrastructure, inflation/currency, and future regulatory changes that Ohio businesses should consider in Brazil for 2012 and beyond.
The document introduces h-ubu, a service-based injection framework for JavaScript that allows components to publish and consume services through a central hub, addressing issues like visibility, dependencies, and organization through a modular component model based on services, contracts, and events. It describes how components can register with the hub, provide and require services through contracts, and publish and subscribe to events, aiming to make JavaScript applications more modular, configurable, substitutable, and testable.
Keynote presentatie van Piet van Vugt tijdens de Nobel Cloud Xperience 2012. Onderwerp: zijn visie op de toekomst van educatie en kennisontwikkeling in de IT.
HPCs have difficulty with the large amounts of data generated from shotgun sequencing of biological samples. This document discusses three main computational problems with sequencing data: resequencing analysis to find variants, counting sequences to determine abundance, and de novo assembly without a reference. It proposes using lossy compression algorithms and streaming analysis to reduce data sizes and memory requirements while retaining essential information, enabling analysis on commodity hardware rather than expensive HPCs. The approaches developed in the author's lab have shown effectiveness in testing on real sequencing data sets.
This document provides information about an upcoming Year 5/6 camp. It will take place at Lakewood Lodge from October 28-31. Students will participate in a variety of outdoor activities led by trained instructors such as kayaking, climbing, archery and more. They will spend one night doing survival activities like cooking over a campfire. Medical forms are required. The camp aims to develop students' social, teamwork and leadership skills through educational activities outside the classroom.
This document defines sexual harassment and outlines steps for preventing and addressing it. Sexual harassment includes unwelcome sexual conduct that affects employment. It may involve demands for sexual favors, jokes, gestures or physical contact. If the harassment creates a hostile work environment or is a factor in an employment decision, it is illegal. The document advises complaining internally per company policy and cooperating with any investigation. Employers should take prompt action, which could include discipline up to discharge, depending on the severity of the conduct. Prevention involves having a clear policy, open communication and treating all people with respect.
Harassment Training - www.fiver.com/dennynugrohoDenny Nugroho
This document provides an overview of harassment training. It defines illegal harassment as unwelcome conduct based on protected personal characteristics like race, sex, or disability that creates a hostile work environment. There are two types of harassment: quid pro quo, where employment decisions are tied to sexual favors, and hostile environment, involving unwelcome sexual or offensive behaviors. Conduct must be both subjectively and objectively abusive to constitute harassment. The training instructs employees to avoid inappropriate behaviors, report any instances of harassment, and know the organization's anti-harassment policy. Supervisors are responsible for addressing complaints and preventing a hostile work environment.
Investigating Harassment Claims: What to Do When You Don’t Know What to DoCase IQ
Investigating harassment in the workplace is a top priority for many organizations in 2018. Effective investigations lead to better risk management and prevention. But harassment allegations are among the toughest to investigate. Often, all you get is a “he said, she said” account. Competent investigators have the skills to get past these hurdles and find out the truth.
Join Meric Bloch, Certified Fraud Examiner, expert investigator and trainer, as he examines the elements of a successful harassment investigation.
The five-reasons-law-firms-and-legal-employers-do-not-hire-you-after-an-inter...BCG Attorney Search
The document discusses five reasons why law firms and legal employers do not hire candidates after an interview. The most important reason is whether the employer believes the candidate will support and have their back. Employers want to hire people they feel will defend their interests and make them feel comfortable. During interviews, employers are trying to determine if candidates seem like they will be allies or cause problems. The best way for candidates to get jobs is to make the interviewer believe they genuinely like and support the interviewer.
The document provides guidance on conducting effective workplace investigations. It discusses the importance of proper investigations, potential legal consequences of botched investigations, principles and tools for investigations, documenting the investigation process, interview techniques, and checklists for investigating discrimination, harassment or retaliation complaints.
The publicity generated by the Making a Murderer series has generated a renewed condemnation for interrogation techniques that are unethical, use bullying tactics and tend to elicit false confessions. Today’s investigators must be aware of the dangers of using aggressive interrogation tactics that intimidate witnesses and compromise the quality of the information they glean from interview subjects.
The time to prepare for interviews and a job search is before you even think of getting into the job search mode. Being a good employee and a job searcher is something that takes the same amount of time and effort to achieve.
This document discusses sexual harassment, including:
1) A quiz on sexual harassment definitions and laws with answers provided.
2) Summaries of two Supreme Court cases (Faragher v City of Boca Raton and Burlington Industries Inc v Ellerth) that established an employer's vicarious liability for harassment by supervisors.
3) A summary of a court case (Gallagher v C.H. Robinson) where a female employee successfully sued for a hostile work environment due to frequent sexual jokes and banter by male coworkers.
This document discusses sexual harassment, including:
1) A quiz on sexual harassment definitions and laws with answers.
2) Summaries of two Supreme Court cases - Faragher v City of Baton Rouge established employer liability for supervisor harassment, and Burlington Industries v Ellerth established an affirmative defense for employers.
3) A summary of a court case where a female employee successfully sued for a hostile work environment due to frequent sexual jokes and banter by male coworkers in open cubicles, despite complaints to management. The document outlines the elements needed to prove a hostile environment sexual harassment case.
This document discusses ethics, morals, and integrity. It defines ethics as rules of conduct recognized by a social system, while defining morals as principles of right and wrong derived from individual beliefs. Ethics can vary between contexts but morals tend to be more consistent. The document also discusses current ethical issues in government, including misuse of resources, conflicts of interest, and lack of transparency. It provides examples of misconduct seen in government such as lying, internet abuse, and safety violations. Finally, it lists principles of ethical behavior such as honesty, integrity, and fairness.
Everybody lies sometimes. This is true. Research has shown that 60 per cent of people lie at least once in a 10-minute conversation with a stranger. But many lies are benign, constructed to preserve someone’s feelings, save face or avoid damaging a relationship. These lies are usually harmless, expected and appreciated.
Dishonesty in the workplace, however, can be dangerous. From the lies told in employment interviews to tales spun in the boardroom, workplace dishonesty can affect a company’s security, morale and bottom line. HR professionals and investigators should be skilled and trained to detect lies.
Join Timothy Dimoff, security expert and president of SACS Consulting, as he discusses workplace dishonesty and what to do about it.
This document provides information about criminal investigations and interviews. It discusses the purpose of interviews, which is to gather valid information about a crime. It identifies different types of witnesses and suspects. It also outlines characteristics of effective interviewers and different types of questions. The document discusses verbal and nonverbal cues that can indicate deception or truthfulness. It provides examples of deception techniques like hedging, qualifiers, and denial responses. Overall, the document offers guidance on conducting interviews to obtain accurate information in a criminal investigation.
Preventing workplace gossip i heard it through the grapevineBenjamin W. Jackson
This document discusses the negative impacts of gossip in the workplace, such as lost productivity, erosion of trust, and increased anxiety. It provides strategies for preventing gossip, such as maintaining confidentiality, staying positive, and focusing on being productive rather than idle chatter. Specific tips include countering gossip with compliments, asking clarifying questions, and redirecting conversations to work tasks. Case studies demonstrate approaches for addressing gossip while maintaining confidentiality and giving colleagues the benefit of the doubt.
How To Write A Conclusion For A Research Paper (With Pictures ...Christina Boetel
The document summarizes a study on the voir dire (jury selection) process in criminal trials. It notes that the 6th Amendment guarantees defendants the right to an impartial jury. During voir dire, potential jurors are summoned and examined by the court or attorneys to determine if they are qualified for jury service. The study examined how attorneys use peremptory challenges during voir dire to strike potential jurors without cause.
Discrimination and harassment violate professional standards and human rights laws. Discrimination involves unfairly treating someone worse due to characteristics like age, gender, or disability. Harassment involves offensive behavior or comments. If witnessing harassment, one should stop it if possible or report it, carefully documenting details. Stereotypes can lead to discrimination if not checked. Organizations should establish clear anti-harassment policies and procedures to address complaints in a confidential and impartial manner. All should aim to treat others respectfully regardless of personal attributes.
Eve Boland's poem "Misogyny" criticizes the objectification and sexualization of women. It describes a woman disconnecting from her physical body which is often seen only as an object of male desire defined by her breasts, hips, and genitals. The poem suggests that reducing women to their physical attributes denies their full humanity.
How Attorneys Can Network Why Networking is Essential to Attorney Success.pptxBCG Attorney Search
In this webinar with Harrison Barnes, you will learn:
- Why networking is important to attorneys.
- Helpful tips on how attorneys should network.
- How networking can help you have a successful career as an attorney.
https://www.bcgsearch.com/candidate_login.php
Getting into a child custody battle can be extremely difficult for you and your family.
Even if the divorce went smoothly, it is normal to be upset at the newly divided family unit.
In the search to obtain child custody, the well-being of the child is always looked at as the most important factor by the courts.
Here are five myths about Child Custody that need to be set straight…
Similar to 2014 Managing Labor + Employee Relations Seminar (20)
On Thursday, May 9, 2024, Kegler Brown presented its annual Managing Labor + Employee Seminar. The in-person and virtual seminar focused on timely information regarding labor and employee relations, and allowed attendees to earn CLE and SHRM credit hours.
On Wednesday, May 24, 2023 Kegler Brown presented its annual Managing Labor + Employee Seminar. The in-person and virtual seminar focused on timely information regarding labor and employee relations, and allowed attendees to earn CLE and SHRM credit hours.
On Thursday, February 23, Kegler Brown’s Construction lawyers, Don Gregory and Mike Madigan, presented an informative strategy session on ways to deal with central Ohio’s labor shortage and diversity and inclusion goals.
On April 24, Tony spoke to attendees of the Ohio SHRM State Council, HR Florida State Council and Aspect Marketing and Communications’ 2022 HR Cruise, presenting on how the post-pandemic workplace issues will affect the HR profession. Tony took attendees on a journey through workplaces of the past and future spanning a century starting with the Jetson’s future from the 1960s to the metaverse worlds in Ready Player One and Free Guy. Attendees learned about changes in local, state, and federal laws and regulations as well as court decisions, which attempt to stay ahead of such workplace changes. He also outlined ideas on how to address post-pandemic workplace issues to attract and retain a talented workforce. He finally touched on how to enable professionals to communicate the challenges facing the workplace to elected officials.
On Tuesday, March 8, 2022 Kegler Brown presented its annual Managing Labor + Employee Seminar. The virtual seminar focused on timely information regarding labor and employee relations, and allowed attendees to earn CLE and SHRM credit hours.
On Tuesday, March 9. 2021 Kegler Brown presented its annual Managing Labor + Employee Seminar. The virtual seminar focused on timely information regarding labor and employee relations, and allowed attendees to earn CLE and SHRM credit hours.
Danielle Crane kicked things off walking through the implications on the labor and employment sectors and how to prepare for anticipated changes with Joe Biden taking office and his inauguration. Our litigation attorney, Jane Gleaves covered how courts have had to adjust to the pandemic, how lawyers are taking litigation virtual and the noticed trends in litigation in light of the COVID-19 pandemic. Brendan Feheley, the chair of our Labor + Employment practice closed the seminar by providing an update on the employment law issues surrounding the global pandemic and America’s response to it.
As part of our 2020 LGBTQ SCOTUS Ruling webinar on July 7th, Brendan and Danielle hosted an in-depth discussion about the recent SCOTUS decision protecting the employment rights of LGBTQ employees under Title VII. The webinar primed employers for what we think will be coming, provided advice on the issues and questions to think about moving forward, and gave important employment considerations as we begin to receive guidance from the EEOC and federal courts.
Key Legal + Business Issues - Navigating Complexities in Doing Business in th...Kegler Brown Hill + Ritter
On Friday, May 1, Vinita Mehra and Cody Myers presented at Indo-American Chamber of Commerce’s Key Legal + Business Issues: Navigating Complexities in Doing Business in the U.S. webinar. The webinar covered a variety of topics including: drivers + trends of Indian outbound investments to the U.S., EDO incentive programming, negotiating contracts, protecting intellectual property, and impact of COVID-19 on Indo-U.S. businesses.
On December 3, Luis shared an update on Ohio’s medical marijuana law with the National Business Institute. He also discussed marijuana at a national level, detailing tax collections and the IRS sections related to doing business in marijuana. Using recent case studies, Luis illustrated how businesses can and cannot deduct or capitalize indirect expenses. Issues such as labor and licenses were also addressed. Luis also presented this topic at a December 17 event put on by the National Business Institute in Dayton, Ohio
On October 22, Luis spoke to the Mid-Ohio Regional Planning Commission about the history, status and future of legalization and the cannabis industry. Along with looking at the global medical marijuana industry and the tax revenues of adult use states, Luis also updated attendees on the structure of licensure in Ohio. Discussing the changing views and impacts on cities of marijuana, Luis broke down moratoriums, industry and zoning regulations, and new frontiers for decriminalization.
Luis spoke at a luncheon for the Paralegal Association of Central Ohio on April 23 and detailed the history, structure and impact of legalized marijuana. With a focus on Ohio’s Medical Marijuana Control Program, Luis reviewed several scientific, economic, cultural and legal aspects of legalization throughout the US. Along with taking questions from attendees, Luis also discussed what the future looks like for marijuana in Ohio.
Speaking to the Ohio Chamber of Commerce on April 5, Luis discussed several issues related to employment and medical marijuana. He detailed what the OMMCP does not do, such as how it does not require an employer to permit or accommodate an employee's use, or prohibit an employer from establishing and enforcing a drug testing policy, drug-free workplace policy, or zero-tolerance drug policy. He also highlighted other employment concerns, such as how the Worker’s Compensation Bureau will not pay for medical marijuana, and briefly reviewed the medical marijuana industry, looking at topics from sales figures to collegiate cannabis courses.
On February 27, Luis presented at a seminar put on by the Columbus Bar Association examining Ohio’s medical marijuana industry from a legal perspective. Including not only statutory and regulatory issues, this seminar also looked at commercial transactions and ownership/licensure transfers. It also discussed concerns typical of any industry, such as employment issues and capital raising, but that have unique challenges when it comes to medical marijuana. They also looked ahead to discuss the possible future of marijuana in Ohio, including questions of federal regulation and recreational use.
The document provides guidance on conducting workplace investigations. It emphasizes the importance of conducting investigations promptly, consistently, and competently to avoid legal issues. Key elements of a successful investigation include selecting an appropriate impartial investigator, gathering all relevant documents, and conducting effective interviews of complainants, accused parties, and witnesses. The document cautions that investigations must be taken seriously and all facts gathered before reaching conclusions or taking disciplinary action.
The document discusses various aspects of cannabis/marijuana including:
- Its botanical classification as Cannabis sativa and the two most dominant cannabinoids, THC and CBD.
- Differences between hemp and marijuana in terms of THC content and approved uses.
- Issues around employers requiring drug testing and being able to take action against employees who use medical marijuana, even if legal in their state.
- The complex interplay between state medical marijuana laws and federal laws where marijuana remains illegal.
Presented on 11/21 by Eric Duffee and Randy Gerber, Founder and Principal of Gerber LLC, as part of a four part series. This segment of the series covered equity-based employee incentives. It offered a clear description as to what they are, why companies use them, as well as some things to consider. Randy and Eric showcased a variety of examples along with a few alternatives in regard to compensation.
Kegler Brown's annual seminar on professional responsibility was presented on Friday, October 18, 2019 at the Columbus Bar Association (CBA). This year's seminar featured guest speaker, Kent Markus, who is a part of the Bar and General Counsel at the CBA, showcased an overview of the disciplinary system featuring an in-depth flowchart along with practical tips and best practices.
A panel discussion Q+A about topics ranging from advisory opinions, recent ethics developments, identifying issues, and the duty to report, were all covered by Kegler Brown litigators Jane Gleaves and Jason Beehler.
Moderator, Chris Weber discussed ways to navigate Ohio's Advocate-Witness rule, and his personal recommendations for best practices.
Grow + Sell Your Business Part Three: Practical Tips To Facilitate a TransactionKegler Brown Hill + Ritter
Presented by Eric Duffee and Michael Shaw, Copper Run Capital, on 10/17 as part of a Four Part Series. This segment of the series offered 8 clear steps to follow in pursuit of facilitating a successful transaction. It covered areas such as securing your assets, awareness of current market trends, a visual analysis of our current market update, and surrounding yourself with the right team.
The document discusses issues around classifying workers as employees or independent contractors in the gig economy. It notes that misclassifying employees loses them important workplace protections and can result in penalties for companies. There are multiple tests used to determine proper classification, including examining the employer's control over the worker and the economic reality of the relationship. Recent cases involve workers in industries like delivery, security, and dentistry arguing for employee status. The document also discusses potential liability around harassment, negligence, and branding issues depending on how workers are classified. Finally, it presents some options for addressing these issues, such as hiring workers as employees, revising independent contractor agreements, or using a staffing company.
Presented by Eric Duffee and Steve Barsotti on 9/19 as Part 2 of a Four Part Series. This seminar introduced the basics of Patent Requirements, Copyrights and confidential information (including Trade Secrets) and explained the strategies for and significance of protecting them. Discussions included necessary criteria for registration, how rights are established, and steps for filing and enforcement.
Khushi Saini, An Intern from The Sparks Foundationkhushisaini0924
This is my first task as an Talent Acquisition(Human resources) Intern in The Sparks Foundation on Recruitment, article and posts.
I invitr everyone to look into my work and provide me a quick feedback.
LinkedIn Strategic Guidelines for June 2024Bruce Bennett
LinkedIn is a powerful tool for networking, researching, and marketing yourself to clients and employers. This session teaches strategic practices for building your LinkedIn internet presence and marketing yourself. The use of # and @ symbols is covered as well as going mobile with the LinkedIn app.
5 key differences between Hard skill and Soft skillsRuchiRathor2
𝐓𝐡𝐞 𝐏𝐞𝐫𝐟𝐞𝐜𝐭 𝐁𝐥𝐞𝐧𝐝:
𝐖𝐡𝐲 𝐘𝐨𝐮 𝐍𝐞𝐞𝐝 𝐁𝐨𝐭𝐡 𝐇𝐚𝐫𝐝 & 𝐒𝐨𝐟𝐭 𝐒𝐤𝐢𝐥𝐥𝐬 𝐭𝐨 𝐓𝐡𝐫𝐢𝐯𝐞 💯
In today's dynamic and competitive market, a well-rounded skillset is no longer a luxury - it's a necessity.
While technical expertise (hard skills) is crucial for getting your foot in the door, it's the combination of hard and soft skills that propels you towards long-term success and career advancement. ✨
Think of it like this: Imagine a highly skilled carpenter with a masterful understanding of woodworking (hard skills). But if they struggle to communicate effectively with clients, collaborate with builders, or adapt to project changes (soft skills), their true potential remains untapped. 😐
The synergy between hard and soft skills is what creates true value in the workplace. Strong communication allows you to clearly articulate your technical expertise, while problem-solving skills help you navigate complex challenges alongside your team. 💫
By actively developing both sets of skills, you position yourself as a well-rounded professional who can not only perform tasks efficiently but also contribute meaningfully to a collaborative and dynamic work environment.
Go through the carousel and let me know your views 🤩
I am an accomplished and driven administrative management professional with a proven track record of supporting senior executives and managing administrative teams. I am skilled in strategic planning, project management, and organizational development, and have extensive experience in improving processes, enhancing productivity, and implementing solutions to support business objectives and growth.
We recently hosted the much-anticipated Community Skill Builders Workshop during our June online meeting. This event was a culmination of six months of listening to your feedback and crafting solutions to better support your PMI journey. Here’s a look back at what happened and the exciting developments that emerged from our collaborative efforts.
A Gathering of Minds
We were thrilled to see a diverse group of attendees, including local certified PMI trainers and both new and experienced members eager to contribute their perspectives. The workshop was structured into three dynamic discussion sessions, each led by our dedicated membership advocates.
Key Takeaways and Future Directions
The insights and feedback gathered from these discussions were invaluable. Here are some of the key takeaways and the steps we are taking to address them:
• Enhanced Resource Accessibility: We are working on a new, user-friendly resource page that will make it easier for members to access training materials and real-world application guides.
• Structured Mentorship Program: Plans are underway to launch a mentorship program that will connect members with experienced professionals for guidance and support.
• Increased Networking Opportunities: Expect to see more frequent and varied networking events, both virtual and in-person, to help you build connections and foster a sense of community.
Moving Forward
We are committed to turning your feedback into actionable solutions that enhance your PMI journey. This workshop was just the beginning. By actively participating and sharing your experiences, you have helped shape the future of our Chapter’s offerings.
Thank you to everyone who attended and contributed to the success of the Community Skill Builders Workshop. Your engagement and enthusiasm are what make our Chapter strong and vibrant. Stay tuned for updates on the new initiatives and opportunities to get involved. Together, we are building a community that supports and empowers each other on our PMI journeys.
Stay connected, stay engaged, and let’s continue to grow together!
About PMI Silver Spring Chapter
We are a branch of the Project Management Institute. We offer a platform for project management professionals in Silver Spring, MD, and the DC/Baltimore metro area. Monthly meetings facilitate networking, knowledge sharing, and professional development. For more, visit pmissc.org.
Parabolic antenna alignment system with Real-Time Angle Position FeedbackStevenPatrick17
Introduction
Parabolic antennas are a crucial component in many communication systems, including satellite communications, radio telescopes, and television broadcasting. Ensuring these antennas are properly aligned is vital for optimal performance and signal strength. A parabolic antenna alignment system, equipped with real-time angle position feedback and fault tracking, is designed to address this need. This document delves into the components, design, and implementation of such a system, highlighting its significance and applications.
Importance of Parabolic Antenna Alignment
The alignment of a parabolic antenna directly affects its performance. Even minor misalignments can lead to significant signal loss, which can degrade the quality of the received signal or cause communication failures. Proper alignment ensures that the antenna's focal point is accurately directed toward the signal source, maximizing the antenna's gain and efficiency. This precision is especially crucial in applications like satellite communications, where the antenna must track geostationary satellites with high accuracy.
Components of a Parabolic Antenna Alignment System
A parabolic antenna alignment system typically includes the following components:
Parabolic Dish: The primary reflector that collects and focuses incoming signals.
Feedhorn and Low Noise Block (LNB): Positioned at the dish's focal point to receive signals.
Stepper or Servo Motors: Adjust the azimuth (horizontal) and elevation (vertical) angles of the antenna.
Microcontroller (e.g., Arduino, Raspberry Pi): Processes sensor data and controls the motors.
Potentiometers: Provide feedback on the antenna's current angle positions.
Fault Detection Sensors: Monitor for potential faults such as cable discontinuities or LNB failures.
Control Software: Runs on the microcontroller, handling real-time processing and decision-making.
Real-Time Angle Position Feedback
Real-time feedback on the antenna's angle position is essential for maintaining precise alignment. This feedback is typically provided by potentiometers or rotary encoders, which continuously monitor the azimuth and elevation angles. The microcontroller reads this data and adjusts the motors accordingly to keep the antenna aligned with the signal source.
Fault Tracking in Antenna Alignment Systems
Fault tracking is vital for the reliability and performance of the antenna system. Common faults include cable discontinuities, LNB malfunctions, and motor failures. Sensors integrated into the system can detect these faults and either notify the user or initiate corrective actions automatically.
Design and Implementation
1. Parabolic Dish and Feedhorn
The parabolic dish is designed to reflect incoming signals to a focal point where the feedhorn and LNB are located. The dish's size and shape depend on the specific application and frequency range.
2. Motors and Position Control
Stepper motors or servo motors are used to control the azimuth and elevation of
2. z
The Scorecard for 2013
presented by Lawrence Feheley
2014 Managing Labor + Employee Relations Seminar
March 4, 2014
3. z
“Persons attempting to find a motive in this
narrative will be prosecuted; persons attempting
to find a moral in it will be banished; persons
attempting to find a plot in it will be shot.”
+ Mark Twain, Adventures
Huckleberry Finn
of
4. z
2013 Was a Good Year
+ Minimum
+ Gays
Wage Employees
and Lesbians in the Workplace
+ Facebook
Complainers + Tattletales
+ Soldiers
+ Unpaid
Interns
5. z
2013 Was a Good Year
+ Flu-Prone
Employees
+ People
Disabled by Weird Conditions
+ Female
Wage Earners
+ Potheads
in the Workplace
+ Criminals
in the Workplace
6. z
2013 Was a Bad Year
+ Obamacare
+ NCAA Football
+ Non-Union
Employers
+ Technology
Haters
+ Erstwhile
Independent Contractors
+ Employee
Handbooks
7. z
2013 Had Mixed Results
+ The
National Labor Relations Board
+ Supervisors
+ The
EEOC Criminal Background Guidelines
8. z
Reasonable Accommodations
after the ADA Amendments
What You Do + Don’t Have to Do
presented by Kailee M. Goold
2014 Managing Labor + Employee Relations Seminar
March 4, 2014
11. z
Prohibits
Discrimination
Failure to engage
in interactive
process
Failure to provide
reasonable
accommodations
Costly Liability
Compensatory +
punitive damages
Front + back pay,
reinstatement
attorneys fees
12. z
a record of such
impairment
physical or mental
impairment that
substantially
limits a major life
activity
being regarded as
having such an
impairment
Disability
14. z
ADAAA Game Changers
Major life
activities
Episodic or in
remission
Temporary
conditions
Mitigating
measures
15. z
Major Life Activities
Concentrating Caring for Oneself
Breathing
Eating
Communicating
LearningSeeing
Standing
Sleeping Reading Speaking
Bending
Performing Manual Tasks
Lifting
Working
Thinking
Walking
16. z
Episodic or In Remission
+ Disability if
active
it would limit a major life activity when
18. z
Mitigating Measures
+ You
must consider how the impairment affects the
person before or without the mitigating measure
+ (except
ordinary glasses and contacts)
64. z
Credibility Assessment Factors
+ Inherent
+
plausibility
Is the testimony believable on its face? Does it make sense?
+ Demeanor
+
Did the person seem to be telling the truth or lying?
+ Motive
+
to falsify
Did the person have a reason to lie?
+ Corroboration
+
Is there witness testimony or physical evidence that corroborates the party's
testimony?
+ Past
+
record
Did the alleged harasser have a history of similar behavior
in the past?
65. z
The Decision
+ Made
by management
+ Recommendation
+ Inform
+ What
made by investigator
the parties at once
if there are direct contradictions, lack of
documentary or witness corroboration, and inability to
make a credibility determination?
66. z
The Risks
+ Failure
to investigate will lead to claims by the victims
+ Negligence
+ Doobenen
claims and other suits by the accused
v. Aerojet-General Corp – Failure to interview the
accused
University at Albany – Failure to follow
internal rules and policies
+ Garcia v. State
- "reverse sexual harassment"
Due to unprofessional, hostile and accusatory
investigation
+ Flanagan v. Ashcroft
69. z
Establish a Comfort Level with
Complainant/Witnesses
+ Be
honest
+ Be
professional
+ Introduce
+ Assure
+ You
yourself and your role
prevention of retaliation or reprisal
will limit disclosure to those having a legitimate need to know
+ Ask him/her
to do the same
71. z
Plan the Investigation, But
Don’t Fall in Love with Your Questions
+ Some
answers can require follow-up questions
+ Some
answers can reveal other problems
72. z
Don’t Accept “Yadda, yadda, yadda”
+ You
may know the steps that lead to the
conclusion, but the witness needs to say them
+ Can
be one of the more difficult aspects of
a statement
+ Try to
avoid, but note if necessary, that
“witness refuses to directly answer question.”
74. z
Use Physical or Documentary
Evidence to Your Advantage
Best for refreshing recollection or questioning
credibility
75. z
Take Your Time
+ Follow-up
if necessary
+ Circle
back to question issues of credibility
+ Don’t
rely upon a gut feeling
76. z
Document Everything
+ Take
notes
+ Read
all or part of notes to the witness to
confirm
+ Ask the
witness to talk slower or wait until
you are done writing
77. z
Potential Pitfalls
+ Becoming
+ Reaching
biased toward a witness or a side
a conclusion too early
+ Problematic
questions: Will I be fired? Will the alleged
wrongdoer be fired? Do I have to talk to you?
+ Confidential
+ Maintain
Complaints still count
Consistency regardless of stature of parties
78. z
Example of a Solid Investigation
in National News
+ Previous
allegations against the employer for being
incompetent
+ Allegations
that the employer engaged in impermissible
interviews
+ Enterprise
+ Still
has not demonstrated a successful product
managed to complete a textbook investigation
80. z
Problem Cases
Mendoza v. Western Medical Center Santa Ana
+ Jury award
of $238k for failure to conduct a good faith investigation
$1Million Dollars for Shoddy Investigation
+ Breach
of contract and defamation relating to expense account
abuse. Attempted whistleblower was ignored, then investigated by
inexperienced and incompetent junior employee
AT&T $5Million Religious Discrimination
+ After
employee converted to Islam, she was called a terrorist, other
derogatory names, and relentlessly teased. She filed
internal complaints, which were not properly
investigated. She was ultimately terminated.
81. z
Avoid Retaliation
+ Remind
+ HR
everyone of the sensitivities
representatives, supervisors, and managers
+ Advise
everyone that the company will not tolerate any
form of harassment or retaliation against the complainant
and anyone who participated in the investigation
+ Complainant, accused, all
+ Document
interviewed
that you have made the
anti-retaliation statement
84. z
Affordable Care Act 201
(The Sophomore Level Course)
presented by Ralph Breitfeller + Tom Sigmund
2014 Managing Labor + Employee Relations Seminar
March 4, 2014
85. z
Issues Arising in 2014
+ Problems
with HealthCare.gov
+ Insurance
policy cancellations
+ Too
few young people signing up
+ (25%
of 18-34 years olds)
+ Medicaid
+ Need
coverage gap
for a “copper plan”?
86. z
Future Compliance Dates
2014
• Individual Mandate
• Pre-Existing Conditions
• Annual Limits
• Waiting Periods
2015
• Pay-or-Play for large employers
• Automatic Enrollment
• Non-discrimination Test
2016
• SHOP Exchange
• Pay-or-play for small
employers
2017
• SHOP
Increase
2018
• Cadillac
Tax
87. z
Delayed Small Employer
Compliance
+ Small
Employer Compliance with pay-to-play
+ Employers
+ Delayed
between 50 and 99 employees
from January 1, 2014 to January 1, 2016
88. z
Delayed Large Employer
Compliance
+ Pay-or-play for
+ Employers
+ Delayed
+ Phased
large employers
with 100 or more employees
from January 1, 2014 to January 1, 2015
in over time
+ 2015
must cover 70% of full time employees
+ 2016
must cover 95% of full time employees
89. z
+ Announced
by IRS on February 10, 2014. Found at 79
Fed. Reg. 8544 (2-12-14)
+ First
delay was announced on July 9, 2013, which
delayed compliance from January 1, 2014 to January 1,
2015. (IRS Notice 2013-45)
90. z
Limited Work Force
(>49 FTEs <100) Transition Relief
+ During
the period February 9, 2014 to December 31,
2014, the employer does not reduce the size of the
workforce or the overall hours of service in order to
satisfy this workforce condition.
+ Employer
cannot eliminate or materially reduce
previously offered health coverage—meaning:
91. z
Maintain Coverage Means:
+ Employer
continues to offer each employee who is eligible
for coverage during the coverage maintenance period an
employer contribution toward the cost of employee-only
coverage that either:
+ is
at least 95 percent of the dollar amount of the contribution
toward such coverage that the employer was offering on February 9,
2014, or
+ is the same (or a higher) percentage of the cost of coverage that the
employer was offering to contribute toward coverage on February 9,
2014;
92. z
Maintain Coverage Means:
+ In
the event there is a change in benefits under the
employee-only coverage offered, that coverage provides
minimum value after the change; and
+ The
employer does not alter the terms of its group
health plans to narrow or reduce the class or classes of
employees (or the employees’ dependents) to whom
coverage under those plans was offered on February 9,
2014.
93. z
Certify Eligibility for Transition
Relief
+ The
employer must certify that the employer satisfies the
three requirements for transition relief.
+ __________________________
+ ALSO, for
non-calendar plan years, relief is available for plan
year beginning in 2015 and for the months that such plan
year extends into 2016
+ HOWEVER, employer
February 9, 2014.
may not alter the plan year after
94. z
“Relief”
+ No
penalty under Section 4980H(a) (not offering
minimum essential coverage) or Section 4980H(b)
(failing to offer coverage that is affordable and offers at
least minimum value).
+ In
other words, no penalty for not offering coverage and
no penalty for not offering adequate coverage.
95. z
Limited Transition Relief
+ For
employers with 100 or more FTEs
+ An
employer is deemed to have offered coverage if it is
offered to all but five percent (or five employees if five
employees is more than 5%) of the full-time employees
+ For
each calendar month during 2015 and any calendar
months during the 2015 plan year that fall in 2016, an
applicable large employer member that offers coverage to
at least 70 percent (or that fails to offer to no more than 30
percent) of its full-time employees
96. z
“Relief”
+ Under
limited transition relief, the qualifying employer
is not subject to a penalty for failing to offer minimum
essential coverage. [4980H(a)].
+ HOWEVER, still
subject to a penalty for failing to offer
affordable, minimum value coverage. [4980H(b)].
97. z
Offer of Coverage: MEWAs
+ Multiple
Employer Welfare Arrangements
+ An
offer of coverage includes an offer of coverage made
on behalf of an employer
+ This
includes an offer made by a multiemployer or
single employer Taft-Hartley plan or a MEWA to an
employee on behalf of a contributing employer of that
employee
98. z
Offer of Coverage: Staffing Firms
+ If
the staffing company is not the common law employer of the
employee,
+ Then “an
offer of coverage [made by the staffing firm] is treated
as made on behalf of a client employer only if the fee the client
employer would pay to the staffing firm for an employee enrolled
in health coverage under the plan is higher than the fee the
client employer would pay to the staffing firm for the same
employee if the employee did not enroll in health coverage
under the plan.” 79 Fed. Reg. at 8566.
99. z
Multiple Employers
Penalty Assessment
+ Each
employer member is liable for its own penalty
+ Each
member is judged on whether the individual
member has offered coverage to the requisite number
of full time employees
+ In
other words, cannot aggregate all members and take
the average for the group
100. z
Period for Determining Status
+ Did
employer employ an average of at least 50 FTEs on
business days during any consecutive six month period
in 2014?
+ Six month
+ 79
period to be chosen by employer
Fed. Reg. at 8573
101. z
Offer Coverage
+ Large
employer required to offer coverage to all full
time employees and dependents (however, see
transition relief)
+ Affordable
+ Minimum
Value
102. z
Employee Classification Issues
+ Common
law employee
+ Does
not include: leased employee; sole proprietor; partner;
2% shareholder of S Corp
+ What
if employer treats service provider as an independent
contractor and the service provider is reclassified as an
employee, and this results in the employer failing to offer
coverage to all full time employees?
+ IRS
and Treasury say, “that is too bad, Employer,
you may be liable under 4980H”
103. z
Employee Classification Issues
Section 3508 Employees
+ 3508
employees are real estate agents and direct sales
agents
+ They are
+ They do
+ Their
not employees for 4980H purposes
not have to be offered coverage
hours of service are not included when
calculating an employer’s FTEs
104. z
Must Offer Coverage
+ If
employer fails to offer coverage to a full-time employee
for any day during a calendar month, then employee was
not offered coverage during that calendar month
+ Commenters
said that often coverage begins on the first day
of the first pay period of the plan year
105. z
Response
+ Solely for
January 2015, if employer offers coverage to a
full time employee no later than the first day of the first
pay period that begins in 2015, the employer will be
deemed to have offered coverage for January 2015. 79
Fed. Reg. at 8573
106. z
Dependents
+ Dependent
means child of employee, not spouse.
+ Final
regulations exclude foster children and stepchildren for penalty purposes only.
+ Includes
1.
2.
3.
children who:
Are U.S. Citizens;
Are residents of the U.S.; OR,
Are residents of a country contiguous to the U.S.
107. z
Transition Relief Regarding
Dependents
+ If
employer takes steps in 2015 toward satisfying this
requirement, no penalty for:
1.
2.
3.
Not offering dependent coverage;
Not offering dependent coverage that satisfies the
minimum essential coverage standard; or,
dependent coverage is offered to some but not all.
108. z
When Transition Relief
Not Available
+ This
dependent transition relief is not available to the
extent that the employer offered dependent coverage
during either plan year 2013 or plan year 2014.
+ In
other words, employer cannot use the transition
relief rules to offer less dependent coverage than the
employer has previously provided.
109. z
Still Applicable
1.
Minimum essential coverage requirements
2.
Minimum Value
3.
Affordability
4.
Waiting period no longer than 90 days
5.
Method for determining number of employees is
unchanged
111. z
Not Subject To
1.
ACA Essential benefits requirements
2.
ACA Minimum loss ratio requirements
3.
ACA Requirement to justify premium increase
4.
ACA Excise tax
112. z
Still Subject To
+ ACA regulations
regarding limitations on annual and
lifetime benefits
+ ACA regulations
regarding appeal rights
113. z
Any plan that provides accidental health
coverage if “any portion of such coverage is
provided other than through an insurance policy.”
Under this definition, a self-insured health and
welfare benefit plan does not have to self-insure
all of the benefits it covers.
115. z
+ Section
105(h) of the tax code prohibits self-insured
health plans from discriminating in favor of highly
compensated individuals.
+ This
may be violated if the plan is designed to
encourage low income employees to choose to go to
the health insurance exchange.
116. z
Automatic Enrollment for
Employees of Large Employers
+ Amends
the Fair Labor Standards Act
+ Generally provides
that an employer that has more than
200 full-time employees and offers employees
enrollment in one or more health plans shall
automatically enroll new full-time employees in one of
the plans offered
117. z
Notification of Material
Modifications
+ Material
modifications of the terms and coverage of a
plan that are not disclosed in a summary plan
description must be disclosed at least 60 days in
advance before the effective date of the modification
118. z
Discrimination
+ Prohibition
of discrimination based on pre-existing condition or other
discrimination.
+ Discrimination based on health status. Because self-insured plans are
“group health plans,” they therefore may not have eligibility criteria
based on the following factors:
Health status
+ Medical conditions (either physical or mental)
+ Claims experience
+ Receipt of health care
+ Medical history
+ Genetic information
+ Evidence of insurability (including domestic violence)
+ Disability
+ “Any other health status-related factor.”
+
120. z
Why You Always Picking On Me?
Retaliation Update
presented by Brendan Feheley
2014 Managing Labor + Employee Relations Seminar
March 4, 2014
121. z
Much ado about nothing…
+ I’ve
heard it all before…
+I
already know not to retaliate against employees…, everyone
knows that… no one does this anymore.
+ Not
so fast my friend…
+ 2013-
EEOC reports 38,539 charges of retaliation
+ 41% of all charges filed
+ Most of any charge for FIFTH YEAR IN A ROW
122. z
So How Does This Happen?
+ Often
+
times inadvertent
Manager not thinking how this looks objectively
+ Human
+
Especially when initial complaint is untrue
+ Lack
+
Nature
of communication
Supervisor may not know full extent of complaint
123. z
Decision Time
+ You
offered Sally the chance to transfer, she declined.
+ Harry can’t
be transferred because this is the only area
he knows, and you don’t want to fire him.
+ Thus, the
+ But
two are still working together.
you’ve told Harry he can’t retaliate against Sally
and he has said he understands.
125. z
“An eye for an eye makes
the whole world blind.”
Mahatma Gandhi
What you HOPE Harry’s Thinking
126. z
“Don’t get mad, get even. ”
Robert F. Kennedy
What Harry’s REALLY thinking
127. z
“Revenge converts a little
right into a great wrong.”
German Proverb
What Harry SHOULD be thinking
128. z
The Saga Continues
+ Three
weeks later Harry comes to you saying Sally needs fired.
+ He’s
heard you constantly harp on the importance of writing
things down, and even remembers something about a hot stove
(but that never seemed to make sense to him).
+ This
isn’t his first rodeo either, so he’s prepared. He brings you a
file ½ an inch thick of problems he’s had with Sally. ALL of them
in the last three weeks.
129. z
The Problems Relate To
Sally’s Attendance
Sally’s Motivation
Sally’s Performance Output
131. z
Proving a Retaliation Claim
+ McDonnell
+ Plaintiff
1.
2.
3.
4.
Douglass
has to show 4 things
he engaged in activity protected by Title VII;
this exercise of protected rights was known to the defendant;
the defendant thereafter took adverse employment action
against the plaintiff; and
there was a causal connection between the protected activity
and the adverse employment action.
132. z
The Proof is in the Pudding
+ If
Plaintiff can show these 4 things then Defendant has to
show legitimate, nondiscriminatory reason for action
+ How
do you do this???
+ Documentation
+ If
is key
Defendant does this then burden shifts back to Plaintiff to
show “that the proffered reason was not the true reason
for the employment decision.”
134. z
What is Protected Activity?
+ Opposing
a practice made unlawful by one of the employment
discrimination statutes
+ Filing
a charge, testifying, assisting, or participating in any
manner in an investigation, proceeding, or hearing under the
applicable statute
135. z
What is Opposing a Practice?
+ Threatening
to file a claim or charge
+ Complaining
to anyone about an act that would be prohibited by
law (usually Title VII but can be NLRA OSHA or others)
+
Can be to co-workers, public, attorney etc… (according to EEOC)
+ Refusing
+ Can
+
to obey an order (if believe it discriminatory)
be explicit or implicit
Need not say “discriminates against … (if can be inferred)
136. z
Critical Points
+ Opposition
must be reasonable
+ No threats of violence
+ No distributing confidential documents
+ No badgering co-workers
+ Opposition
need not be correct
+ Reasonable good faith belief enough
+ Opposition
of action against co-worker can protect complainer
and co-worker
+ Relatives
can count
137. z
Participation
+ Pretty simple:
met if individual made a charge, testified,
assisted, or participated in any manner in an
investigation, proceeding, hearing, or litigation.
+ Tips
to remember
+ Doesn’t
matter if claims were valid or not
+ Doesn’t matter if charge was timely or not
+ Spouses, relatives, fiancés count
138. z
You can only know what you know,
unless you don’t
+ Protected
activity had to be known by Defendant.
139. z
Adverse Action
+ Same as everything
+ Maybe… Maybe not.
else right?
+ Burlington:
+ Title VII retaliation provision is not limited to actions by employers that
affect the terms, conditions or status of employment or even those acts
that occur at the workplace.
+ Instead, covers those employer actions that would serve to dissuade a
reasonable employee from bringing a charge of discrimination.
+ strongly suggests that it is for a jury to decide whether anything more than
the most petty and trivial actions against an employee should be
considered 'materially adverse'
140. z
Post-Burlington
+ A fork
in the road
+ Courts: Action
must be “materially adverse” generally meaning
has to cause impact or harm
Demotions and negative changes in job responsibilities
+ Lateral transfers
+ Written reprimand
+ Schedule Change
+
141. z
Post-Burlington
+ EEOC
+ Court
decisions are too restrictive
+ Surveillance
can be adverse
+ Not inviting to weekly lunch can be adverse
+ Cancelling symposium in employee’s honor
+ Threats
+ Instigation of claims against employee
+ Be
careful about post-termination actions
+ Failure
to rehire
+ Negative recommendation.
142. z
Proof of Causal Connection
+ Direct
Evidence
+ Rarely happens
+ Better
+ Indirect
not happen to you
Evidence
+ Demonstrated
by evidence that:
+
(1) the adverse action occurred shortly after the protected activity, and
+
(2) the person who undertook the adverse action was aware of the
complainant's protected activity before taking the action.
143. z
Time is on my side… yes it is
+ Typically when
more than a month passes you’re
beyond “short time after.”
+ However, connection
can still be proved if other
evidence exists:
+ Constant
mention of charge or complaint.
+ Repeated slights or insults to employee between complaint
and action
144. z
Remember Pretext
+ Employee
has to prove retaliation is but-for cause of
action
+ Motivating
+ Key, like
factor not enough
in any discrimination claim, how did you treat
other employees and what did you write down.
145. z
Consistent + Contemporaneous
Documentation is Key
+ If
+ If
discipline is heightened after activity… problem
is significantly different than similarly situated employees
receive after activity… problem.
146. z
Revisiting Harry + Sally
+ What
did Harry do wrong?
+ What
if Sally’s behavior changes because unhappy with
results?
+ Documentation
again key… Document what was going on before
and what is going on now.
+ Objective is better than subjective.
+ Remember claim of discrimination doesn’t permit employee to stop
doing job. Just makes you work harder.
147. z
Tips
+ Remember
+ Relatives
+ Don’t
going to EEOC first
is your friend
+ Give
+ Don’t
count, spouses count, fiancés count
count on adverse action to save you
+ You’re
+ Time
protected activity is broader than you may think
a man a rope… he’ll learn to hang himself
let supervisor off the hook
+ Failure
after
to document before may be fatal to ability to take action