This year we were privileged to have the Chief Executive Officer of Safe Passage Consulting, Tony Casper, presenting alongside our Employment team. Also joining the seminar, we had members of Kegler Brown’s Workers' Compensation and Medical Marijuana practice areas.
Topics are as follows:
"Surviving Your Worst Fear: Documentation + Employment Litigation"; Jane Gleaves
This presentation will outline best practices for accurate and thorough record-keeping with an eye toward litigation. Jane will discuss the ways employers should document any problematic employees or work-place incidents so that their records can be helpful, rather than harmful, in future litigation. She will give examples of both good and bad documentation practices and illustrate how each can affect an employer’s position against a former employee in a lawsuit.
"Closing the Pay Gap: Case Law + Best Practices for Equal Pay"; Erin Cleary Herbst
Erin will identify and explore the gender gap in employment. She will provide an overview of relevant case law, plus tips and strategies for best practices in dealing with the gender pay gap.
"The Cost of Workplace Violence"; Tony Casper
During this presentation you will learn the effects of violence in the workplace on productivity and your staff. Tony will discuss steps to preventing and mitigating violence in the workplace. Also, he will discuss the importance of having proper policy, a threat assessment team, Physical Security Assessments and quality training.
"A Legal Outlook of Medical Marijuana: What’s On the Horizon?"; Lloyd Pierre-Louis + Randy Mikes
Lloyd + Randy will analyze the potential impact of the legalization of medical marijuana in Ohio. Lloyd will cover issues related to the legal challenges and trends in the medical marijuana industry, discuss the Ohio regulatory environment and statutes, and touch on Ohio court cases. Then, Randy will talk about issues including allowance of claims, return to work, and extent of disability. They will also look at what to expect in terms of regulations and the practical impact legalization may have on employment areas including but not limited to workers’ compensation.
"My Mind’s Playing Tricks on Me!"; Brendan Feheley
Brendan will focus on the intersection between FMLA and the ADA with a special emphasis on mental health conditions. This presentation will examine recent developments regarding certification of and reasonable accommodations for mental health conditions.
Cook Little's Jen Moeckel Presents: Hey Startups: Hire Right!Tom Elliott
Led by employment lawyer Jen Moeckel of Cook Little Rosenblatt, & Manson PLLC, this session will provide an overview of the hiring process, independent contractor/employee/intern classifications, and wage & hour and other compliance issues.
The seminar will also provide tips for designing and implementing employee agreements to protect your company’s IP and confidential information.
Slides presented November 1st, 2012 at the Idea Greenhouse in Durham NH. See www.ideagreenhouse.biz for more information.
Go to: http://www.clrm.com/
Should Human Resource must give candidate feedback after rejecting them? By D...Healthcare consultant
Which is why HR should spell out a policy for feedback to rejected candidates. Not all interviewed applicants will ask for personalized insights. But for those that do, you ought to have a clear, consistent policy. Because doing it right can build bridges, while making an error could expose your company to litigation.
Cook Little's Jen Moeckel Presents: Hey Startups: Hire Right!Tom Elliott
Led by employment lawyer Jen Moeckel of Cook Little Rosenblatt, & Manson PLLC, this session will provide an overview of the hiring process, independent contractor/employee/intern classifications, and wage & hour and other compliance issues.
The seminar will also provide tips for designing and implementing employee agreements to protect your company’s IP and confidential information.
Slides presented November 1st, 2012 at the Idea Greenhouse in Durham NH. See www.ideagreenhouse.biz for more information.
Go to: http://www.clrm.com/
Should Human Resource must give candidate feedback after rejecting them? By D...Healthcare consultant
Which is why HR should spell out a policy for feedback to rejected candidates. Not all interviewed applicants will ask for personalized insights. But for those that do, you ought to have a clear, consistent policy. Because doing it right can build bridges, while making an error could expose your company to litigation.
Staples Rodway's Taranaki HR team explains the importance of getting each part of the people puzzle right.
- Recruitment Process
- Employment Agreements and Contracts
- Performance Management and Disciplinary
- Restructuring and Change Management
- Employment Legislation in New Zeland
Interviewing Best Practices: Rejecting Unsuccessful ApplicantsAmelia Figueroa
It might not seem like turning down an unsuccessful applicant will have a significant impact on your bottom line, but in fact the repercussions can be huge, affecting both your revenue and sucking up a large portion of the manager’s time.
Anna Denton Jones HR Insights September 2017Laura Steggles
Anna Denton Jones of Refreshing Law covered what employers can do to help support the mental health of their staff and what employers need to do from a legal perspective when staff take mental health-related leave.
Your Complete Compliance Guide For Hiring EmployeesJustworks
Congratulations are in order – you’re ready to hire your first employee! But growing your team can be complicated to navigate. Hiring new people demands compliance with a long list of laws and regulations: discrimination laws, tax withholdings, background check restrictions.
You can see how hiring might get messy without the help. Justworks’ slide will walk you through the labyrinth of staying compliant while hiring.
The Connors Group presents our 2016 Interview Prep Packet featuring the following topics:
1. Preparation, The Key To Interview Success
2. The Do’s And Don’ts Of Interviewing
3. IT Job Interviews: When Practice Makes Perfect
4. List of Strengths
5. List of Weaknesses
6. How Gestures Speak Louder Than Words
7. 13 Tips for Nailing a Skype Interview
8. Interview Preparation Checklist
9. Interview Question Worksheet (4 Pages)
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.
Staples Rodway's Taranaki HR team explains the importance of getting each part of the people puzzle right.
- Recruitment Process
- Employment Agreements and Contracts
- Performance Management and Disciplinary
- Restructuring and Change Management
- Employment Legislation in New Zeland
Interviewing Best Practices: Rejecting Unsuccessful ApplicantsAmelia Figueroa
It might not seem like turning down an unsuccessful applicant will have a significant impact on your bottom line, but in fact the repercussions can be huge, affecting both your revenue and sucking up a large portion of the manager’s time.
Anna Denton Jones HR Insights September 2017Laura Steggles
Anna Denton Jones of Refreshing Law covered what employers can do to help support the mental health of their staff and what employers need to do from a legal perspective when staff take mental health-related leave.
Your Complete Compliance Guide For Hiring EmployeesJustworks
Congratulations are in order – you’re ready to hire your first employee! But growing your team can be complicated to navigate. Hiring new people demands compliance with a long list of laws and regulations: discrimination laws, tax withholdings, background check restrictions.
You can see how hiring might get messy without the help. Justworks’ slide will walk you through the labyrinth of staying compliant while hiring.
The Connors Group presents our 2016 Interview Prep Packet featuring the following topics:
1. Preparation, The Key To Interview Success
2. The Do’s And Don’ts Of Interviewing
3. IT Job Interviews: When Practice Makes Perfect
4. List of Strengths
5. List of Weaknesses
6. How Gestures Speak Louder Than Words
7. 13 Tips for Nailing a Skype Interview
8. Interview Preparation Checklist
9. Interview Question Worksheet (4 Pages)
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.
On January 29, Tony and Luis spoke to attendees of the Ohio Agribusiness Association’s 2020 Industry Conference, providing vital education on cannabis, cannabinoids, and the differences between hemp and marijuana. They also broke down what Ohio’s Medical Marijuana Act does not include in order to provide attendees with guidance on employer rights. Focusing on further employment concerns, Luis and Tony explained what the Ohio Bureau of Workers’ Compensation will and will not cover, and discussed testing, workplace policies, ongoing legalization trends and more.
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.
Attorneys Jane Gleaves and Brendan Feheley presented various concerns related to the Gig Economy. They discussed topics such as the differences between an independent contractor or an employee, along with why this is important in our current economy. The seminar also covered the misclassification of employees as independent contractors and the effects of this. Finally, they offered a number of solutions for ways to avoid these issues.
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.
The first seminar of a four-part series on growing a business and preparing it for sale led by the co-chair of Kegler Brown's M+A practice, Eric Duffee. Eric partnered with Jeff Tubaugh and Maggie Gilmore of BDO for this presentation, which focused on the fundamentals of entity selection. It detailed different entity types and the related impacts from tax reform affecting them. It also discussed concerns related to outside investors, partnerships, various structural forms and the tax impact of each.
Unveiling the Secrets How Does Generative AI Work.pdfSam H
At its core, generative artificial intelligence relies on the concept of generative models, which serve as engines that churn out entirely new data resembling their training data. It is like a sculptor who has studied so many forms found in nature and then uses this knowledge to create sculptures from his imagination that have never been seen before anywhere else. If taken to cyberspace, gans work almost the same way.
The world of search engine optimization (SEO) is buzzing with discussions after Google confirmed that around 2,500 leaked internal documents related to its Search feature are indeed authentic. The revelation has sparked significant concerns within the SEO community. The leaked documents were initially reported by SEO experts Rand Fishkin and Mike King, igniting widespread analysis and discourse. For More Info:- https://news.arihantwebtech.com/search-disrupted-googles-leaked-documents-rock-the-seo-world/
RMD24 | Retail media: hoe zet je dit in als je geen AH of Unilever bent? Heid...BBPMedia1
Grote partijen zijn al een tijdje onderweg met retail media. Ondertussen worden in dit domein ook de kansen zichtbaar voor andere spelers in de markt. Maar met die kansen ontstaan ook vragen: Zelf retail media worden of erop adverteren? In welke fase van de funnel past het en hoe integreer je het in een mediaplan? Wat is nu precies het verschil met marketplaces en Programmatic ads? In dit half uur beslechten we de dilemma's en krijg je antwoorden op wanneer het voor jou tijd is om de volgende stap te zetten.
Taurus Zodiac Sign_ Personality Traits and Sign Dates.pptxmy Pandit
Explore the world of the Taurus zodiac sign. Learn about their stability, determination, and appreciation for beauty. Discover how Taureans' grounded nature and hardworking mindset define their unique personality.
What is the TDS Return Filing Due Date for FY 2024-25.pdfseoforlegalpillers
It is crucial for the taxpayers to understand about the TDS Return Filing Due Date, so that they can fulfill your TDS obligations efficiently. Taxpayers can avoid penalties by sticking to the deadlines and by accurate filing of TDS. Timely filing of TDS will make sure about the availability of tax credits. You can also seek the professional guidance of experts like Legal Pillers for timely filing of the TDS Return.
[Note: This is a partial preview. To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations]
Sustainability has become an increasingly critical topic as the world recognizes the need to protect our planet and its resources for future generations. Sustainability means meeting our current needs without compromising the ability of future generations to meet theirs. It involves long-term planning and consideration of the consequences of our actions. The goal is to create strategies that ensure the long-term viability of People, Planet, and Profit.
Leading companies such as Nike, Toyota, and Siemens are prioritizing sustainable innovation in their business models, setting an example for others to follow. In this Sustainability training presentation, you will learn key concepts, principles, and practices of sustainability applicable across industries. This training aims to create awareness and educate employees, senior executives, consultants, and other key stakeholders, including investors, policymakers, and supply chain partners, on the importance and implementation of sustainability.
LEARNING OBJECTIVES
1. Develop a comprehensive understanding of the fundamental principles and concepts that form the foundation of sustainability within corporate environments.
2. Explore the sustainability implementation model, focusing on effective measures and reporting strategies to track and communicate sustainability efforts.
3. Identify and define best practices and critical success factors essential for achieving sustainability goals within organizations.
CONTENTS
1. Introduction and Key Concepts of Sustainability
2. Principles and Practices of Sustainability
3. Measures and Reporting in Sustainability
4. Sustainability Implementation & Best Practices
To download the complete presentation, visit: https://www.oeconsulting.com.sg/training-presentations
Enterprise Excellence is Inclusive Excellence.pdfKaiNexus
Enterprise excellence and inclusive excellence are closely linked, and real-world challenges have shown that both are essential to the success of any organization. To achieve enterprise excellence, organizations must focus on improving their operations and processes while creating an inclusive environment that engages everyone. In this interactive session, the facilitator will highlight commonly established business practices and how they limit our ability to engage everyone every day. More importantly, though, participants will likely gain increased awareness of what we can do differently to maximize enterprise excellence through deliberate inclusion.
What is Enterprise Excellence?
Enterprise Excellence is a holistic approach that's aimed at achieving world-class performance across all aspects of the organization.
What might I learn?
A way to engage all in creating Inclusive Excellence. Lessons from the US military and their parallels to the story of Harry Potter. How belt systems and CI teams can destroy inclusive practices. How leadership language invites people to the party. There are three things leaders can do to engage everyone every day: maximizing psychological safety to create environments where folks learn, contribute, and challenge the status quo.
Who might benefit? Anyone and everyone leading folks from the shop floor to top floor.
Dr. William Harvey is a seasoned Operations Leader with extensive experience in chemical processing, manufacturing, and operations management. At Michelman, he currently oversees multiple sites, leading teams in strategic planning and coaching/practicing continuous improvement. William is set to start his eighth year of teaching at the University of Cincinnati where he teaches marketing, finance, and management. William holds various certifications in change management, quality, leadership, operational excellence, team building, and DiSC, among others.
Premium MEAN Stack Development Solutions for Modern BusinessesSynapseIndia
Stay ahead of the curve with our premium MEAN Stack Development Solutions. Our expert developers utilize MongoDB, Express.js, AngularJS, and Node.js to create modern and responsive web applications. Trust us for cutting-edge solutions that drive your business growth and success.
Know more: https://www.synapseindia.com/technology/mean-stack-development-company.html
Remote sensing and monitoring are changing the mining industry for the better. These are providing innovative solutions to long-standing challenges. Those related to exploration, extraction, and overall environmental management by mining technology companies Odisha. These technologies make use of satellite imaging, aerial photography and sensors to collect data that might be inaccessible or from hazardous locations. With the use of this technology, mining operations are becoming increasingly efficient. Let us gain more insight into the key aspects associated with remote sensing and monitoring when it comes to mining.
Putting the SPARK into Virtual Training.pptxCynthia Clay
This 60-minute webinar, sponsored by Adobe, was delivered for the Training Mag Network. It explored the five elements of SPARK: Storytelling, Purpose, Action, Relationships, and Kudos. Knowing how to tell a well-structured story is key to building long-term memory. Stating a clear purpose that doesn't take away from the discovery learning process is critical. Ensuring that people move from theory to practical application is imperative. Creating strong social learning is the key to commitment and engagement. Validating and affirming participants' comments is the way to create a positive learning environment.
15. What you CAN’T do is
terminate an employee
for an illegal reason
Race Retaliation Disability Sex
Pregnancy Age Religion Familial
Status
Military
Status
16. Employees who have an
employment agreement
with a provision that they
can be terminated for cause
19. Initially the burden is on
the plaintiff to prove he:
Is a member of a
protected class Was qualified for the job
Suffered an adverse
employment decision
Was replaced by a person
outside the protected class
or treated differently
20. Burden on plaintiff to
establish prima facie case
Burden shifts to defendant
to show legitimate,
nondiscriminatory reason
Burden shifts back to
plaintiff to show reason
is pretext
21. Instances in which persons outside the
protected class were treated better for
offenses of comparable seriousness
The manner in which the employee
was treated by the employer while
employed
The employer’s reaction to “legitimate
civil rights activities”
Statistics concerning employer’s
employment policy and practice with
respect to minority employment
Evidence of
PRETEXT
24. 1
Have policies in writing
Document employee
acknowledgement of the policy
Buy-in from supervisors and
management
Achieve good policies with an
employee handbook
25. 2Violations of policies +
performance problems –
you have the policies, now
you have to apply them
26. 2
Document performance and
disciplinary issues fully and objectively
Consistency is key!
Employees subject to inconsistent and
unduly harsh consequences can allege
that the employer followed the policy
in a discriminatory manner or that the
employer should not be believed when
claiming that a particular practice was
standard operating procedure
28. 3
Do you have documentation that you properly
communicated expected standards of conduct?
Do you have documentation of a thorough
investigation of the misconduct?
Do you have documentation that you’ve
discussed the issue with the employee
and offer the employee the opportunity
to be heard?
Do you have documentation that you
consistently applied this policy in the past?
Timing is key – do not delay excessively
before making and communicating a
termination decision
30. 4
Using labels without providing behavioral examples
Generic labels don’t help your employee
improve and will not help your defense.
Jane is usually late for work
Jane misses too much work
April 1: Jane called in sick and missed eight
hours of work. April 4: Jane arrived at work
at 10 a.m., two hours late from his scheduled
start time. April 6: Jane scheduled a doctor's
appointment and then, stayed home to have
a new furnace installed. April 12: Jane called
in sick and missed eight hours of work.
31. 4
Using words that sound like “proxies” for bias
or retaliation
Avoid terms that suggest you have an underlying
discriminatory motive.
Lack of commitment
Employee never volunteers, must be
persuaded to accept assignments and
complains incessantly about how things were
better before the bar was raised
32. 4
Focusing on employee’s intent (as opposed to results)
Focus on what happened and stay away
from what your employee may have
intended.
“You didn’t try,” “You don’t care” and “You
weren’t applying yourself.”
Your sales numbers were (X), and they were
supposed to be (X). Historically, your district
has performed at these levels and your
performance is below expectations.
33. 4
Using absolutes that are not credible
There is no easier way to attack credibility than to
test an absolute statement. One deviation from
the absolute can make your documentation look
unreliable.
Jane is always late
Jane was late to work 6 out of the 7 days she
was scheduled to work this week
34. 4
Hedging too much
“You don’t seem to understand the new
computer software”
“You have made three major mistakes with
the new computer software that have…”
Use specific and definitive language that shows
you are documenting known deficiencies.
35. 4
Failing to make clear the consequences of lack
of improvement
Employee may be disciplined if this conduct
continues
“Employee will be subject to more severe
discipline up to and including immediate
discharge.”
Don’t give employees an excuse to say
they were surprised
36. 4
Making evaluations you’re not qualified to make
Jane is withdrawn and seems depressed
Jane did not speak up or contribute at
Monday or Tuesday’s group meetings
You aren’t doctors and can’t make medical
diagnoses.
37. 4
Writing like a lawyer
Our legitimate, non-discriminatory reason for
firing Jane is theft of company property.
We terminated Jane because she stole money
from the cash register.
Just report what happened honestly and genuinely. If
you throw this up in front of a jury and it looks like your
lawyer has written everything, you look like you’re
covering something up and juries are suspicious of that
39. 5
Well-documented basis for the job elimination
or reduction in force based on legitimate
business related reasons
Used objective criteria to select the
employees for job elimination
Conducted a disparate impact
analysis to make sure no protected
class is disproportionately affected
Name
Attendance
Record
Seniority 2018 Sales Total
Jane 10 2 9 21
Brendan 2 10 4 16
Erin 8 5 3 16
41. 6
Hold a termination meeting where you are
prepared + well-rehearsed
Have a witness
Ensure that all resources relevant to the
termination have been assembled + assessed
Document the termination
Documents to bring
Focus the message on your legitimate, non-
discriminatory business reason for
termination decision
43. 7
Signed assurance that he has or will return all
company property
Social media
Clearly communicate to the
employee any limitations to his
right to: post on employer-
owned social media accounts,
use contacts developed through
employer-owned social media
accounts, use social media to
solicit clients or employees
45. 8
Discover problems in the
workplace
Assess litigation risks
Discover risks related to
confidential or trade secret info
Manage the departing employee’s
expectations
47. 9Implement a policy of verifying only job title,
dates of employment + compensation in
response to a request for references
Direct all requests for references to one
employer representative
Provide a written reference letter to the
employee for future use
Document who called, when, who spoke with
them, and what was said
If it’s a written request, retain it
52. Employee is chronically late + repeatedly
insubordinate
You have delayed terminating him
Hypothetical
Scenario 1
He has a heart attack and becomes disabled
53. Hypothetical
Scenario 1
POLICIES
Written policy about how many times you
can come in late before being disciplined
TIMING Impose discipline upon the first violation
LANGUAGE
Document more than “he is always late” -
find the dates that he was late and by
how much
54. From: Mr. Manager
To: Jane
Subject: Tardiness
Jane,
You clocked in 15 minutes later for your shift today, February 18,
2019. This is your first warning.
Sincerely,
Mr. Manager
55. From: Mr. Manager
To: Jane
Subject: Tardiness
Jane,
This is your second written warning for tardiness. According to
your schedule, you were supposed to clock in at 7:30. Instead,
you clocked in at 7:54. According to section 5.1 of the Employee
Handbook, tardiness two times within a quarter will result in
termination.
Sincerely,
Mr. Manager
56. Delivering the
MESSAGE
Hold a termination meeting where
the message is very clear to the
employee that the reason for his
termination is his repeated
tardiness and insubordination
57. Female salesperson claims that she was
discriminated against because she was pregnant
Really, she was terminated because she
consistently failed to meet her sales quotas
Hypothetical
Scenario 2
58. Hypothetical
Scenario 2
POLICIES
Do you have a clear policy that indicates
what her quotas were?
TIMING
Do you have documentation that you
properly communicated expected sales
quotas?
LANGUAGE
Jane’s numbers aren’t where they should
be – this is not specific enough
59. Delivering the
MESSAGE
Hold a termination meeting
where the employee is shown his
already-documented
underperformance – stay on
message that the termination is
due to sales performance
66. National Committee
on Pay Equity
A Tuesday in April is selected
in advance symbolically
Census statistics not available
until August or September
67. Source: equalpaytoday.org
Demographic Date Wage Discrepancy
All full time women, compared to all full time men April 2, 2019 $0.80
Women by race, compared to white, non-Hispanic men:
Asian-American women March 5, 2019 $0.85
White women April 19, 2019 $0.77
African-American / Black women August 22, 2019 $0.61
Native American women September 23, 2019 $0.58
Latinas November 20, 2019 $0.53
All mothers compared with all fathers June 10, 2019 $0.69
75. TAKE-AWAYS
Exists to some extent in most industries
Gender gap tends to be exacerbated in
occupations that are either male-
dominated or highly compensated
82. Statutory
FRAMEWORK
Equal Pay Act of
1963
Title VII of the
Civil Rights Act
of 1964
Lilly Ledbetter
Fair Pay Act of
2009
Paycheck Fairness
Act (not passed) State Laws
83. No employer shall discriminate, within any establishment,
between employees on the basis of sex by paying wages to
employees in such establishment at a rate less than the
rate at which he pays wages to employees of the opposite
sex in such establishment for equal work on jobs the
performance of which requires equal skill, effort, and
responsibility, and which are performed under similar
working conditions, except where such payment is made
pursuant to a (1) seniority system; (2) a merit system; (3)
a system which measures earnings by quantity or
quality of production; or (4) a differential based on any
other factor other than sex. 29 USC §206(d)
84. Title VII of the Civil
Rights Act of 1964
It is an unlawful employment practice for
an employer to … discriminate against
any individual with respect to his
compensation, terms, conditions, or
privileges of employment, because of
such individual’s race, color, religion, sex,
or national origin. 42 USC §2000e-2(a)(1)
85. Lilly Ledbetter
Fair Pay Act
Amends Title VII of the Civil Rights Act of
1964, which has a statute of limitations of
180 days to bring a discrimination claim
Each new paycheck resets the clock with
respect to the statute of limitations for
pay discrimination
86. Would limit permissible discriminatory
factors to education, training, experience
Change defense burdens for company
Provide additional remedies + penalties
Prohibit retaliation against workers who
inquire about their employers’ wage
practices or disclose their own wages
Directs DOL to collect wage-related data
Proposed
LEGISLATION
87. Employees can be compared outside of
the same “establishment”
Employees can be compared if they
engage in “substantially similar work”
Employers cannot prohibit employees
from disclosing or discussing their wages
or inquiring about others’ wages
Employer defenses more limited
Bona fide factor other than sex, such as
education, training, or experience
Bona fide factor cannot be derived from a
sex-based differential
Extends statute of limitation; expands remedies
91. Hastings v. First
Community Mortgage
HR manager alleges another female
executive was paid at lower rates
than male counterparts
Plaintiff alleged that her bonus
structure was taken away, and she
personally was the only director
who was not eligible for a bonus
Plaintiff alleged that she was
promoted without receiving any
change in compensation
Two allegations
didn’t establish
gender
discrimination
92. Rizo v. Yovino
Fresno County School System
gender pay discrimination lawsuit
Female math consultant brought
suit when she learned a male
colleague had been brought on at
a higher pay grade for same work
Plaintiff was told the man was paid
more due to both of their prior
salaries at other workplaces
Federal district
court found for
Fresno County
93. Rizo v. Yovino
9th Circuit en banc interpreted Equal
Pay Act to say prior salary history is
NOT an acceptable differential based
on any other factor other than sex
Reversed previous decision
Reliance on past wages, either alone
or in conjunction with less
invidious factors, perpetuated the
pervasive gender discrimination that
the EPA sought to eradicate
Supreme Court
remanded on
technical grounds
94. Wal-Mart Stores, Inc.
v. Dukes
This 2011 Supreme Court holding
made it extremely difficult for gender
discrimination to proceed as a class
action when discriminatory treatment
was the product of local supervisors
exercising their discretion in awarding
pay and promotions
In line with the ruling of Wal-Mart
v. Dukes, KPMG utilized a
decentralized system for
determining pay and promotion
Background to
KPMG Case
95. Kassman v. KPMG
Class action brought by 10,000
female KPMG employees since 2009
Pay disparity = 2.8%
Compensate at market rate, based
on performance
Salary ranges + budgets approved
at senior management level
Partner or Managing Director uses
guidelines to determine compensation
96. Kassman v. KPMG
Plaintiffs argue a “compounding pay
gap” issue, and cite Rizo v. Yovino
Court finds that Plaintiffs have not
shown that source salaries for
women were lower
Evidence shows that KPMG moves
employees to the middle of their
pay bands over time
97. Kassman v. KPMG
Individual decisions made by
managers at local level
Plaintiffs cannot show commonality
on their disparate treatment claim
District court indicates that it is
following Supreme Court guidance
+ cannot certify the class because of
precedent set by Wal-Mart v. Dukes
98. "Although any statistically
significant pay disparity on
account of gender would be
improper, for context, the
national disparity in pay
between women and men is
18%.”
99. “…the motion for class certification is denied.2
“2 One wonders, however, about the empirical reality
of a key assumption that underlies Dukes – that ‘left
to their own devices most managers in any
corporation – and surely most managers in a
corporation that forbids sex discrimination – would
select sex-neutral, performance-based criteria for
hiring and promotion that produce no actionable
disparity at all.’ Dukes at 355. This assumption is
contradicted by studies finding that implicit bias has
profound effects. See, e.g., Dukes [Ginsburg dissent].”
100. Departure of 3 high-
level female
executives
Encouraged internal
sexual harassment
survey
Survey results
triggered
investigation
Gender pay disparities
were reviewed
Email went out saying
issues resolved
Spokesperson:
problem didn’t reflect
company culture
Nike
101.
102. Nike Class-Action
Lawsuit
4 women claim Nike violated the
Equal Pay Act
Demands court-ordered structural
reform of hiring and compensation
Demands backpay for women who
left due to discrimination
Special focus on compensation
based on each employee’s previous
individual compensation
Motion to dismiss
filed by Nike on
11/5 – case pending
103. Teachers hired for
daycare provided to
employees
147 women
3 men
Allege all but 1
woman hired at Level
1 salary
Allege 2/3 men hired
at Level 2 salary
Men have less
experience and no
master’s degree
Google: some new
hires paid based on
initial job interview
Google
104. Google Class-Action
Lawsuit
DOL investigation of 21,000
employees for 2015
“Systemic compensation disparities
against women pretty much across
the entire workforce”
Google claimed it had closed the
gender pay gap and vehemently
disagreed with the DOL conclusion
105. Google Class-Action
Lawsuit
New narrowed class action suit filed
in January of 2018
Study excluded
11% of employees,
including all Sr.
VPs and above
Pressure from activist shareholder to
disclose information on pay gaps
Google released study showing no
significant gender/race pay gap
Class action lawsuit dismissed by
judge in December 2017
107. “Energetically enforcing equal
pay laws is currently one of
the national strategic
priorities for the EEOC”
Published in a press release
as of August 31, 2017
108. EEOC v. First Metropolitan
Financial Services, Inc.
EEOC vs. PS Holding LLC
EEOC vs. Denton County
114. Women are less likely to respond that they
are excited about making partner
Expect to spend less of their career at the
law firm than male counterparts
Feel forced to make significant trade-offs
between career and family
Not convinced by law firms’ statements of
commitment to gender diversity
See the playing field as uneven
Likely to fear that participation in flex-
work programs will harm their career
115. McKinsey
RECOMMENDATIONS
Make flex-work programs a viable option,
and culturally acceptable
Strengthen senior-level connections that
can accelerate women’s careers
Create accountability for gender diversity
117. Task Force
RECOMMENDATIONS
Build transparency into compensation
process
Include a critical mass of diverse members
on the compensation committee
Develop systems to promote fair and
accurate allocation of billing + origination
Require diversity in pitch teams and
related business-development efforts
118. Reward behaviors that promote
institutional sustainability
Implement formal client succession
protocols
Measure and report results
Develop a process to resolve allocation
disputes promptly and equitably
Implement training for all involved in the
evaluation and compensation process
Engage the client’s role in gender equity
Ensure equitable compensation for
partners on a reduced-hours schedule
Maximize effectiveness of affinity groups
123. Handbooks should no longer
contain a blanket prohibition on
employees disclosing their
compensation to others
124. No need to disclose salaries
upon inquiry, but may not
preclude the employee from
making that inquiry directly to
other employees
125. Management training on the
limited right of employees to
ask co-workers about their
compensation for the sole
purpose of ascertaining their
rights under the Equal Pay Act
135. Limit or eliminate:
Pay negotiations
Using tenure or years
of experience alone to
determine pay
Inquiring about
historical salary for
new employees
Prohibiting employees
from discussing
compensation
141. News Headlines Read…
Jury Awards $40M In
Damages In Kraft Foods
Plant Shooting
Report: Virginia Tech
massacre cost $48.2
million
Las Vegas Shooting
Recovery Will Cost at
Least $600 Million
146. For 6-18 weeks
after the incident:
Productivity
decreased by 50%
20-40%
turnover rate
147. Financial Impact of
Workplace Violence:
1. Incident debriefing with impacted employees (20 supervisors and 130
employees)
2. Plant closed due to incident for 3 and one half days
3. Revenue lost (assumes for 6 weeks after the incident there is a 25%
productivity decline)
4. Clean up of incident area/crime scene
5. Increase in annual health care premiums (use of psychological services)
6. Increase in annual worker’s compensation rate premiums.
7. Permanent shut down of plant area where incident occurred and relocation of
work operations to another section of plant.
8. Lawsuit settlement
9. Public relations campaign, marketing, communication strategy with
stakeholders to counter negative press and restore confidence in company
10. Replacement cost for 10% turnover of workforce, e.g., 25 managers and 75
employees.
$3,942.00
$703,125.00
$2,850,000.00
$2,000.00
$5,000.00
$3,000.00
$50,000.00
$300,000.00
$10,000.00
$768,750.00
$4,695,817.00Total:
151. Emergency Action
Plans
Active Aggressor Response- should include
practical exercises or evacuation, table top
exercise, and full scale scenario trainings
Fire Evacuation Process- should include
written guidelines and evacuation drills
Threat reporting process- should be supported
through a strong training component.
Goal is to mitigate loss!
157. OSHA General Duty Clause 5(a)(1)
states: Employers will provide a
place of employment which is,
“free of recognized hazards that
are causing or are likely to cause
death or serious physical harm”
160. Tony Casper: CEO and Consultant
614-404-4866
Casper@safepassageconsulting.com
www.SafePassageConsulting.com
161.
162. Presented by Lloyd Pierre-Louis
+ Randy Mikes
A Legal Outlook of
Medical Marijuana
What’s on the
HORIZON?
163. The crux of the Ohio
Medical Marijuana Act
(the “Act”) is that it
permits a patient, on
the recommendation of
a physician, to use
medical marijuana to
treat a qualifying
medical condition
164. Qualifying Conditions
AIDS
Amyotrophic Lateral Sclerosis
Alzheimer’s Disease
Cancer
Chronic Traumatic Encephalopathy
Crohn’s Disease
Epilepsy (or another seizure disorder)
Fibromyalgia
Glaucoma
Hepatitis C
Inflammatory Bowel Disease
Multiple Sclerosis
Pain (either chronic and severe or
intractable)
Parkinson’s disease
Positive status for HIV
Post-traumatic Stress Disorder
Sickle Cell Anemia
Spinal Cord Disease or injury
Tourette’s Syndrome
Traumatic Brain Injury
Ulcerative Colitis
165. The Act specifies that the
General Assembly declares its
intent to recommend that
Congress, the U.S. Attorney
General, and the U.S. Drug
Enforcement Administration
take actions as necessary to
reclassify marijuana in an
effort to ease the regulatory
burdens associated with
research on the potential
medical benefits of marijuana
166. Marijuana remains
illegal under federal law
33 states + District of
Columbia have legalized
some form of medical
marijuana as of 2018
9 of the 30 medical
marijuana states have
legalized the recreational
use of marijuana
167. More than 2 dozen
countries have legalized
medical marijuana
Full legislation in
Uruguay with sales
underway July 2019
Israel as a hub of research
Currently full recreational
use legal federally in Canada
181. 17,077Registered Patients
as of February 9
Advising about the
risks and benefits of
medical marijuana
Recommending that
a patient use
medical marijuana
Monitoring a patient's
treatment with
medical marijuana
191. Require an employer to permit or
accommodate an employee's use,
possession, or distribution of
medical marijuana
192. Prohibit an employer from refusing
to hire, firing, disciplining, or
otherwise taking an adverse
employment action against a
person because of that person's
use, possession, or distribution of
medical marijuana
193. Permit a person to sue an
employer for taking any of
those actions
194. Prohibit an employer from
establishing + enforcing a drug
testing policy, drug-free workplace
policy, or zero-tolerance policy
195. Interfere with any federal
restrictions on employment,
including U.S. Department of
Transportation regulations
196. Affect authority of the
Administrator of Workers'
Compensation to grant rebates or
discounts on premium rates to
employers that participate in a
drug-free workplace program
197.
198. RC 4123.54
“Rebuttable presumption" retained for
medical marijuana
“Rebuttable presumption” arises that an
employee is intoxicated and that the
intoxication was the proximate cause of
the injury where a qualifying chemical test
shows the presence of a cannabinoids in
excess of the statutory limit
200. The Ohio Bureau of
Workers’ Compensation
will not pay for medical
marijuana
201. Pays only for drugs approved by FDA
Pays only for prescriptions dispensed
by a registered pharmacist from an
enrolled provider
Pharmaceutical formulary does not
list marijuana as a drug approved for
reimbursement
206. Lloyd Pierre-Louis
Kegler Brown Hill + Ritter
lpierre-louis@keglerbrown.com
keglerbrown.com/pierrelouis
614-462-5477
Randy Mikes
Kegler Brown Hill + Ritter
rmikes@keglerbrown.com
keglerbrown.com/mikes
614-462-5414
210. What it
MEANS
Around 1 in 5
employees are
dealing with a
mental health issue
Many times they are
not receiving help for
the issue
The problem is not
going away and may
be getting worse
211. FMLA
Defines a serious health condition as:
“an illness, injury, impairment or physical or
mental condition that involves inpatient
care in a hospital, hospice or residential
medical care facility; or continuing
treatment by a health care provider.”
212. ADA
Defines disability as:
“a person who has a physical or mental
impairment that substantially limits one
or more major life activities, a person who
has a history or record of such an
impairment, or a person who is perceived
by others as having such an impairment.”
213. What’s An
Impairment?
An impairment that substantially limits one
major life activity need not limit other major life
activities in order to be considered a disability
An impairment that is episodic or in remission is
a disability if it would substantially limit a major
life activity when active
214. Depression is a disability, when, if
active, it impairs a major life
activity, regardless of medication
that may assist with the condition
215. SUMMARY
These conditions are
usually going to be
considered serious
health conditions
They are going to
involve continuous
treatment
They are going to
substantially limit a
major life activity,
when active
216. Anna has an issue with attendance, she’s
chronically late
Hypothetical
Scenario:
Anxious Anna
She’s received a verbal warning, and last week
received a written warning
After her written warning, she comes to you and
tells you she has anxiety disorder
She tells you she’s been treating with a
psychiatrist once a week for the past month
She says she gets anxious about driving into work
and that causes her to be late
225. Can you ask an
employee about
mental illness?
If employees asks for
reasonable
accommodation
After job offer, but
before employment
Company engaging in
affirmative action for
people with disabilities
Objective evidence
employee is unable to
do their job or pose
safety risk
226. Hypothetical
Scenario:
Anxious Anna
What if Anna doesn’t come to you?
Sporadic absences are not enough to qualify for
FMLA or ADA alone
Remember – you have to have information that
leads you to believe Anna has a condition that
qualifies for the FMLA or ADA
Do you go to her and ask?
227. Hypothetical
Scenario:
Anxious Anna
What if Anna’s supervisor comes to you?
What if supervisor says, “I know she has
been treated for anxiety before”?
Now we have a regarded as problem
Do you address with Anna?
What about the reference to her prior treatment?
Now what?