This document provides a summary of an employment law presentation aimed at making employment law less scary. It begins with official disclaimers about not relying on the presentation as legal advice. The presenter then outlines some of the scariest employment law issues according to surveys, including medical leave, terminations, wage and hour issues, and harassment. Throughout, the presentation provides tips on how to reduce legal risks in these areas through proper documentation, training, and consultation with legal experts. The overall goal is to help employers better understand and manage their employment law obligations.
What's New and What's Next in Employment Law for 2014Mark Toth
This document provides a summary of Mark Toth's webinar on employment law updates for 2014. It discusses several new and changing areas of employment law that employers need to be aware of, including developments related to the EEOC, wage and hour laws, FMLA, ADA, social media, and termination practices. Toth emphasizes the importance of knowing the latest laws, focusing on high priority issues, thoroughly investigating all claims, and properly documenting all employment actions to avoid legal risks and stay out of jail in the new year.
Answers to the World's Scariest Employment Law QuestionsMark Toth
This document appears to be a transcript from an employment law webinar. It discusses various scary employment law questions and issues that employers may face, such as FMLA compliance, ADA accommodations, terminations, and discrimination claims. The presenter aims to make these complex legal topics less scary by providing straightforward advice and summaries. Interactive polling questions are also included to engage participants.
What's New and What's Next in Employment Law for 2014Mark Toth
Mark Toth, Chief Legal Officer for North America at ManpowerGroup, provided a presentation on the latest employment law updates and trends. Some of the key points covered include:
- Employment laws are becoming more complex and difficult to comply with, and employment law claims are increasing. Wage and hour lawsuits and EEOC recoveries are rising.
- Many employee engagement levels are low, and employees are increasingly disgruntled. Employers need to focus on keeping employees "gruntled".
- EEOC priorities include pregnancy discrimination, ADA compliance, harassment issues, and access to the legal system. LGBT and criminal background check compliance were also discussed.
- Wage and hour compliance remains
The document discusses an agenda for a webinar about employment law that includes a quiz show, discussion of recent lawsuits and verdicts, and what's new in employment law enforcement. It notes the passage of the Lilly Ledbetter Fair Pay Restoration Act, which extends the statute of limitations for filing unfair pay claims.
This webinar covered various employment law topics including wage and hour issues, unions, investigations, terminations, and ADA compliance. It provided updates on recent legal developments, answered audience questions, and offered practical advice and checklists for compliance. The presentation emphasized the importance of knowing employment laws, properly investigating complaints, consistently applying policies, and treating employees with dignity to avoid costly litigation. It also provided additional free resources for participants to stay informed on legal issues.
Everything You Ever Wanted To Know About NegotiationMark Toth
This document is a summary of a webinar on negotiation skills. It provides tips on preparing for negotiations, different negotiation models and strategies, building negotiation skills, and closing deals. It emphasizes the importance of preparation, understanding interests rather than positions, finding mutual gains, and maintaining a collaborative approach. Interactive polling questions gauge participants' negotiation comfort levels and preferences. Resources like books and movies on negotiation are also recommended.
The webinar covered strategies for avoiding legal trouble in 2013, including complying with employment laws, reducing discrimination claims, and minimizing the chances of costly lawsuits. Data was presented showing that employment law risks are increasing and juries are more likely to rule against employers. The webinar advised employers to focus on engaging and retaining employees to reduce legal risks.
The document discusses various employment laws including the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Equal Pay Act (EPA), Employee Retirement Income Security Act (ERISA), Fair Credit Reporting Act (FCRA), and Consolidated Omnibus Budget Reconciliation Act (COBRA). It provides summaries of the key aspects of each law such as covered employers and employees, prohibited conduct, required protections, potential penalties for noncompliance, and compliance tips.
What's New and What's Next in Employment Law for 2014Mark Toth
This document provides a summary of Mark Toth's webinar on employment law updates for 2014. It discusses several new and changing areas of employment law that employers need to be aware of, including developments related to the EEOC, wage and hour laws, FMLA, ADA, social media, and termination practices. Toth emphasizes the importance of knowing the latest laws, focusing on high priority issues, thoroughly investigating all claims, and properly documenting all employment actions to avoid legal risks and stay out of jail in the new year.
Answers to the World's Scariest Employment Law QuestionsMark Toth
This document appears to be a transcript from an employment law webinar. It discusses various scary employment law questions and issues that employers may face, such as FMLA compliance, ADA accommodations, terminations, and discrimination claims. The presenter aims to make these complex legal topics less scary by providing straightforward advice and summaries. Interactive polling questions are also included to engage participants.
What's New and What's Next in Employment Law for 2014Mark Toth
Mark Toth, Chief Legal Officer for North America at ManpowerGroup, provided a presentation on the latest employment law updates and trends. Some of the key points covered include:
- Employment laws are becoming more complex and difficult to comply with, and employment law claims are increasing. Wage and hour lawsuits and EEOC recoveries are rising.
- Many employee engagement levels are low, and employees are increasingly disgruntled. Employers need to focus on keeping employees "gruntled".
- EEOC priorities include pregnancy discrimination, ADA compliance, harassment issues, and access to the legal system. LGBT and criminal background check compliance were also discussed.
- Wage and hour compliance remains
The document discusses an agenda for a webinar about employment law that includes a quiz show, discussion of recent lawsuits and verdicts, and what's new in employment law enforcement. It notes the passage of the Lilly Ledbetter Fair Pay Restoration Act, which extends the statute of limitations for filing unfair pay claims.
This webinar covered various employment law topics including wage and hour issues, unions, investigations, terminations, and ADA compliance. It provided updates on recent legal developments, answered audience questions, and offered practical advice and checklists for compliance. The presentation emphasized the importance of knowing employment laws, properly investigating complaints, consistently applying policies, and treating employees with dignity to avoid costly litigation. It also provided additional free resources for participants to stay informed on legal issues.
Everything You Ever Wanted To Know About NegotiationMark Toth
This document is a summary of a webinar on negotiation skills. It provides tips on preparing for negotiations, different negotiation models and strategies, building negotiation skills, and closing deals. It emphasizes the importance of preparation, understanding interests rather than positions, finding mutual gains, and maintaining a collaborative approach. Interactive polling questions gauge participants' negotiation comfort levels and preferences. Resources like books and movies on negotiation are also recommended.
The webinar covered strategies for avoiding legal trouble in 2013, including complying with employment laws, reducing discrimination claims, and minimizing the chances of costly lawsuits. Data was presented showing that employment law risks are increasing and juries are more likely to rule against employers. The webinar advised employers to focus on engaging and retaining employees to reduce legal risks.
The document discusses various employment laws including the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Equal Pay Act (EPA), Employee Retirement Income Security Act (ERISA), Fair Credit Reporting Act (FCRA), and Consolidated Omnibus Budget Reconciliation Act (COBRA). It provides summaries of the key aspects of each law such as covered employers and employees, prohibited conduct, required protections, potential penalties for noncompliance, and compliance tips.
This document provides an overview of employment law basics for manager training. It discusses discrimination laws, harassment, the Family and Medical Leave Act, the Americans with Disabilities Act, and documentation best practices. The presentation aims to help managers recognize applicable state and federal employment laws to promote a productive work environment and avoid liability.
This document provides a summary of the Family and Medical Leave Act (FMLA) including:
- Employers with 50 or more employees are covered by the FMLA
- Eligible employees are those who have worked for their employer for 12 months and 1,250 hours in the last year
- The FMLA provides up to 12 weeks of unpaid, job-protected leave per year for qualified medical and family reasons
- Employers can require employees to substitute accrued paid leave for unpaid FMLA leave.
Toledo - All New Employment Law Quiz ShowMark Toth
This document summarizes key points from a presentation on employment law given to the Toledo HR Association. It discusses recent statistics on employment lawsuits, common discrimination claims, and an employer's odds of winning trials. It also covers new developments in areas like enforcement of wage/hour laws and genetic information protections. Emerging issues are explored, such as potential discrimination based on obesity, attractiveness, or age. Technology-related risks for employers like online porn or email misuse are also addressed.
Everything You Ever Wanted to Know about Employment LawMark Toth
This document provides an overview of employment law topics, including:
- Employment law disputes are the #1 legal headache for US businesses.
- Employers have around a 22% chance of winning an employment law case at trial.
- EEOC complaints, recoveries, class actions, and mediations all hit record highs last year.
- Retaliation is the most common discrimination claim filed with the EEOC.
- Wage and hour violations are most likely to result in large class action lawsuits.
- Employment law enforcement and costs continue to increase for employers.
This document provides an employment law toolbox with various cheat sheets and guides on important employment law topics. It includes 3-sentence summaries of key employment laws such as the ADA, ADEA, EPA, ERISA, COBRA and FCRA. The toolbox is intended to serve as a quick reference for understanding essential elements of major employment statutes and avoiding common legal pitfalls.
Human Resources & Employment Law 2015 - HRD Strategies - Michael Lovett, Nina...HRDstrategies
Michael Lovett and Nina Lovett of HRD Strategies, Inc. in Greensboro, North Carolina, provide an update on HR employment law at the 2015 North Carolina Literacy Association (NCLA) Conference. This presentation was part of the Executive Track
Gain a new perspective on your HR challenges and knowledge for meeting them confidentially and legally. Keeping up with the latest legal trends, changes in best practices, legal updates is a tough job . . . even for a seasoned HR professional.
In this presentation, you will gain an understanding of:
- What to consider before hiring an employee to ensure your process is legal and consistent
- Best practices for onboarding a new hire during the employee orientation
- Practical, legal and security issues for managing employee personnel records
- Key issues such as background checks, disciplinary action, documentation and at-will employment
- Latest trends, news and updates around employment law today
- What employees are looking for from employers
- Reference materials of federal employment laws
Visit www.hrdstrategies.com to learn more.
Ethics for Human Resource ProfessionalsPaul Falcone
Establishing and reinforcing a company’s ethical culture and values always represents a challenge. But you need to understand historically how we got where we are in order to appreciate the rich fabric that makes up today’s complex workplace. From ethics theory to U.S. employment law history, from Sarbanes-Oxley to corporate governance standards, this PowerPoint presentation whisks you from the 1930s through to the first decade of the new millennium with an insightful overview of the laws that influence today’s business decisions. We’ll cover the real nature of employment-at-will, the rise of labor unions and their historical appeal to workers, the difference between progressive discipline and “summary offenses,” and “you make the call” workplace ethical scenarios that are sure to raise debate among your staffers. Finally, we’ll touch on ethical considerations in an international context, the environmental justice movement, and even pay trends in executive compensation. Turn to this guide for an on-the-mark overview of our labor history, employment laws, and our evolving workplace. (72 slides)
Presentation developed by author Paul Falcone - www.paulfalconehr.com.
The document provides an overview of employment law and at-will employment. It discusses what employment law encompasses, including laws around hiring, termination, wages/benefits, discrimination, and privacy. At-will employment allows employers or employees to terminate the work relationship at any time for any non-discriminatory reason. The document then examines some key employment law concepts like discrimination, fair pay, and privacy in more detail.
Everything You Ever Wanted to Know About Employment Law (But Didn't Want to P...Mark Toth
The document provides an overview of employment law for employers, including a discussion of key laws like the ADA, ADEA, and topics such as reasonable accommodation, discrimination, harassment and retaliation. It also includes summaries of requirements around covered employers and employees, prohibited conduct, potential penalties, and tips for compliance. Quizzes, case studies, and an alphabet soup glossary are utilized as teaching tools within the training.
Top 15 Employment Law Trends to Watch for in 2015XpertHR USA
In 2015, employers will face a number of workplace challenges when it comes to managing, monitoring and maintaining their workforce. From providing paid sick leave and equal opportunity under state and municipal laws to extending equal rights and benefits to same-sex partners and accommodating pregnant women, complying with these new obligations may require you to change the way you operate your business. These issues are not only scary, but can be costly for employers in terms of time, money and resources.
Here are the top 15 employment law Issues employers cannot afford to ignore in 2015:
1. Off-Duty Use of Medical and Recreational Marijuana
2. Paid Sick Leave
3. Affordable Care Act Employer Mandate
4. Immigration
5. Protecting Company and Employee Privacy in the Digital Age
6. Safe Driving Laws
7. E-Cigarette Use in the Workplace
8. Reasonably Accommodating Pregnant Women
9. Wellness Programs Conflicting with ADA, GINA, and FMLA
10. Growing Acceptance of LGBT Rights and Same-Sex Marriage
11. Workplace Bullying
12. Addressing Domestic Violence
13. Minimum Wage and Wage and Hour Laws
14. Providing Workplace Protections to Interns and Volunteers
15. Ban the Box
Iowa SHRM Presentation - Everything You Ever Wanted to Know About Employment LawMark Toth
This document provides an overview of an employment law presentation. It discusses various employment laws including Title VII, ADA, ADEA, FMLA, COBRA, FLSA, FCRA and ERISA. It provides summaries of the employers and employees covered under each law, prohibited activities, required accommodations, notice procedures, potential penalties for noncompliance, and tips for compliance. It also includes various sources and a glossary of employment law terms. The presentation aims to educate about employment compliance and avoiding legal risks and penalties.
Mind Your (Workplace) Manners: Business Etiquette 101Robert Half
Have you committed an office etiquette offense? View this Slideshare to learn more about managers’ and employees’ opinions on workplace etiquette and courtesy
7 Ways to Increase Ethical Accountability and Decrease Fraud Risk Case IQ
It’s long been clear that organizations with strong ethical cultures perform better than those without. In addition to the multitude of positive impacts a strong ethical culture provides, these organizations will also typically experience less fraud and misconduct. However, to achieve maximum results, a strong ethical culture must focus on accountability and include robust fraud prevention measures.
Ethical accountability takes time and effort to build, but the rewards of fostering the right culture in an organization are measurable. Fewer fraud incidents, for example, can be demonstrated by hard numbers. A strong code of conduct is a great start, but it’s critical to have a comprehensive ethics program that fosters accountability.
Join Joseph Agins, CFE, CCEP, adjunct professor and fraud expert, as he outlines strategies organizations can use to ensure every employee from the C-Suite down has the tools they need to help them make ethical decisions and prevent fraud.
The webinar will cover:
The importance of tone from the top
Identifying the pressures employees face and thus the ethics and fraud risks
Understanding the resources employees have (or not) to report wrongdoing
Whether the internal imagining of the culture matches the reality
Developing tools and strategies for fostering ethics in the workplace
Anti-fraud measures that should be incorporated into every ethics policy
Encouraging ethics and accountability
This document discusses navigating HIPAA compliance. It begins with examples of HIPAA violations like employees sharing patient photos on social media. It then explains what entities and information are covered by HIPAA and permissible uses of protected health information. It discusses defining a breach, performing risk assessments, and penalties for noncompliance. It provides tips for modifying business associate agreements, privacy practices, conducting risk assessments, updating policies and procedures, and training employees on HIPAA requirements.
This document provides an overview of business ethics, including key concepts like relativism, egoism, utilitarianism, and deontologism. It discusses challenges in business ethics like conflicts of interest, whistleblowing, bribery, and doing business in countries with human rights issues. Managers must consider ethics tests and implications for organizational culture, codes of conduct, and training to promote ethical decision making.
This document provides summaries of key topics in employment law, including:
1) EEOC highlights on pregnancy discrimination and transgender discrimination cases. Pregnant workers cannot have assumptions made about their abilities and must be given equal parental leave. Gender identity and sexual orientation discrimination may violate Title VII.
2) Updates on wage and hour law including the new overtime salary threshold of $47,476 under the FLSA. Employers should review exempt employees' compensation and consider reclassification.
3) Medical and safety issues like leave as a reasonable accommodation under the ADA, even if not eligible for FMLA. Employers should avoid inflexible leave policies and properly communicate in the interactive process.
G&A Employment Law Update webinar May 2013G&A Partners
In this webinar, presenter Alexis C. Knapp, Attorney at Law, will present timely employment law updates that business owners and HR professionals need to know for 2013 and beyond. After the presentation, Alexis will host a live Q&A session with webinar attendees.
This sexual harassment training document covers several key points in 3 sentences:
It discusses mandated learning objectives to change behaviors that contribute to sexual harassment and foster values to prevent incidents. Various emotional reactions to training are identified, and scenarios highlight the importance of open communication to avoid misunderstandings. Legal standards for harassment are explained, including that unwelcome conduct must unreasonably interfere with work or create a hostile environment, and examples of prohibited behaviors are provided.
Answers to the World's Scariest Employment Law QuestionsMark Toth
Here are a few tips to help simplify FMLA administration:
1. Designate leave as FMLA-protected as soon as you have enough information to do so. This protects the employee's job and puts everyone on the same page.
2. Use a third-party administrator to handle paperwork and certification. They are experts and can streamline the process.
3. Train managers on their notification obligations when leave is foreseeable vs. unforeseeable. Clear communication is key.
4. Maintain leave records electronically for easy access and tracking intermittent leave.
5. Certify chronic conditions annually rather than every 6 months if the condition/treatment plan hasn't changed.
6.
Stress, burnout, rage, despair- all common experiences to many in the information security community. This panel will discuss the issues, compare and contrast them to other industries. We’ll also discuss how to recognize stress in ourselves and others, and steps that can be taken to combat it. We aren’t looking at medical or psychological cures, but rather what the average would call common sense approaches to dealing with stress in your life.
We will start with a presentation of common stress and burnout issues and triggers encountered in information security. These factors can be internal (for example, some of the personality types drawn to the field), external (harassment by coworkers, lack of respect by business), and cultural (stereotypes of “geeks”). The discussion will continue with a look at other high stress careers and examine what (if anything) we can learn from them. Many of the commonly considered “high stress” occupations, such as law enforcement, medicine, and military have much more visceral activities and responses- this must be considered when attempting to transfer lessons from these occupations to infosec.
Talk was delivered at Security BSides Las Vegas, 2011
This document provides an overview of employment law basics for manager training. It discusses discrimination laws, harassment, the Family and Medical Leave Act, the Americans with Disabilities Act, and documentation best practices. The presentation aims to help managers recognize applicable state and federal employment laws to promote a productive work environment and avoid liability.
This document provides a summary of the Family and Medical Leave Act (FMLA) including:
- Employers with 50 or more employees are covered by the FMLA
- Eligible employees are those who have worked for their employer for 12 months and 1,250 hours in the last year
- The FMLA provides up to 12 weeks of unpaid, job-protected leave per year for qualified medical and family reasons
- Employers can require employees to substitute accrued paid leave for unpaid FMLA leave.
Toledo - All New Employment Law Quiz ShowMark Toth
This document summarizes key points from a presentation on employment law given to the Toledo HR Association. It discusses recent statistics on employment lawsuits, common discrimination claims, and an employer's odds of winning trials. It also covers new developments in areas like enforcement of wage/hour laws and genetic information protections. Emerging issues are explored, such as potential discrimination based on obesity, attractiveness, or age. Technology-related risks for employers like online porn or email misuse are also addressed.
Everything You Ever Wanted to Know about Employment LawMark Toth
This document provides an overview of employment law topics, including:
- Employment law disputes are the #1 legal headache for US businesses.
- Employers have around a 22% chance of winning an employment law case at trial.
- EEOC complaints, recoveries, class actions, and mediations all hit record highs last year.
- Retaliation is the most common discrimination claim filed with the EEOC.
- Wage and hour violations are most likely to result in large class action lawsuits.
- Employment law enforcement and costs continue to increase for employers.
This document provides an employment law toolbox with various cheat sheets and guides on important employment law topics. It includes 3-sentence summaries of key employment laws such as the ADA, ADEA, EPA, ERISA, COBRA and FCRA. The toolbox is intended to serve as a quick reference for understanding essential elements of major employment statutes and avoiding common legal pitfalls.
Human Resources & Employment Law 2015 - HRD Strategies - Michael Lovett, Nina...HRDstrategies
Michael Lovett and Nina Lovett of HRD Strategies, Inc. in Greensboro, North Carolina, provide an update on HR employment law at the 2015 North Carolina Literacy Association (NCLA) Conference. This presentation was part of the Executive Track
Gain a new perspective on your HR challenges and knowledge for meeting them confidentially and legally. Keeping up with the latest legal trends, changes in best practices, legal updates is a tough job . . . even for a seasoned HR professional.
In this presentation, you will gain an understanding of:
- What to consider before hiring an employee to ensure your process is legal and consistent
- Best practices for onboarding a new hire during the employee orientation
- Practical, legal and security issues for managing employee personnel records
- Key issues such as background checks, disciplinary action, documentation and at-will employment
- Latest trends, news and updates around employment law today
- What employees are looking for from employers
- Reference materials of federal employment laws
Visit www.hrdstrategies.com to learn more.
Ethics for Human Resource ProfessionalsPaul Falcone
Establishing and reinforcing a company’s ethical culture and values always represents a challenge. But you need to understand historically how we got where we are in order to appreciate the rich fabric that makes up today’s complex workplace. From ethics theory to U.S. employment law history, from Sarbanes-Oxley to corporate governance standards, this PowerPoint presentation whisks you from the 1930s through to the first decade of the new millennium with an insightful overview of the laws that influence today’s business decisions. We’ll cover the real nature of employment-at-will, the rise of labor unions and their historical appeal to workers, the difference between progressive discipline and “summary offenses,” and “you make the call” workplace ethical scenarios that are sure to raise debate among your staffers. Finally, we’ll touch on ethical considerations in an international context, the environmental justice movement, and even pay trends in executive compensation. Turn to this guide for an on-the-mark overview of our labor history, employment laws, and our evolving workplace. (72 slides)
Presentation developed by author Paul Falcone - www.paulfalconehr.com.
The document provides an overview of employment law and at-will employment. It discusses what employment law encompasses, including laws around hiring, termination, wages/benefits, discrimination, and privacy. At-will employment allows employers or employees to terminate the work relationship at any time for any non-discriminatory reason. The document then examines some key employment law concepts like discrimination, fair pay, and privacy in more detail.
Everything You Ever Wanted to Know About Employment Law (But Didn't Want to P...Mark Toth
The document provides an overview of employment law for employers, including a discussion of key laws like the ADA, ADEA, and topics such as reasonable accommodation, discrimination, harassment and retaliation. It also includes summaries of requirements around covered employers and employees, prohibited conduct, potential penalties, and tips for compliance. Quizzes, case studies, and an alphabet soup glossary are utilized as teaching tools within the training.
Top 15 Employment Law Trends to Watch for in 2015XpertHR USA
In 2015, employers will face a number of workplace challenges when it comes to managing, monitoring and maintaining their workforce. From providing paid sick leave and equal opportunity under state and municipal laws to extending equal rights and benefits to same-sex partners and accommodating pregnant women, complying with these new obligations may require you to change the way you operate your business. These issues are not only scary, but can be costly for employers in terms of time, money and resources.
Here are the top 15 employment law Issues employers cannot afford to ignore in 2015:
1. Off-Duty Use of Medical and Recreational Marijuana
2. Paid Sick Leave
3. Affordable Care Act Employer Mandate
4. Immigration
5. Protecting Company and Employee Privacy in the Digital Age
6. Safe Driving Laws
7. E-Cigarette Use in the Workplace
8. Reasonably Accommodating Pregnant Women
9. Wellness Programs Conflicting with ADA, GINA, and FMLA
10. Growing Acceptance of LGBT Rights and Same-Sex Marriage
11. Workplace Bullying
12. Addressing Domestic Violence
13. Minimum Wage and Wage and Hour Laws
14. Providing Workplace Protections to Interns and Volunteers
15. Ban the Box
Iowa SHRM Presentation - Everything You Ever Wanted to Know About Employment LawMark Toth
This document provides an overview of an employment law presentation. It discusses various employment laws including Title VII, ADA, ADEA, FMLA, COBRA, FLSA, FCRA and ERISA. It provides summaries of the employers and employees covered under each law, prohibited activities, required accommodations, notice procedures, potential penalties for noncompliance, and tips for compliance. It also includes various sources and a glossary of employment law terms. The presentation aims to educate about employment compliance and avoiding legal risks and penalties.
Mind Your (Workplace) Manners: Business Etiquette 101Robert Half
Have you committed an office etiquette offense? View this Slideshare to learn more about managers’ and employees’ opinions on workplace etiquette and courtesy
7 Ways to Increase Ethical Accountability and Decrease Fraud Risk Case IQ
It’s long been clear that organizations with strong ethical cultures perform better than those without. In addition to the multitude of positive impacts a strong ethical culture provides, these organizations will also typically experience less fraud and misconduct. However, to achieve maximum results, a strong ethical culture must focus on accountability and include robust fraud prevention measures.
Ethical accountability takes time and effort to build, but the rewards of fostering the right culture in an organization are measurable. Fewer fraud incidents, for example, can be demonstrated by hard numbers. A strong code of conduct is a great start, but it’s critical to have a comprehensive ethics program that fosters accountability.
Join Joseph Agins, CFE, CCEP, adjunct professor and fraud expert, as he outlines strategies organizations can use to ensure every employee from the C-Suite down has the tools they need to help them make ethical decisions and prevent fraud.
The webinar will cover:
The importance of tone from the top
Identifying the pressures employees face and thus the ethics and fraud risks
Understanding the resources employees have (or not) to report wrongdoing
Whether the internal imagining of the culture matches the reality
Developing tools and strategies for fostering ethics in the workplace
Anti-fraud measures that should be incorporated into every ethics policy
Encouraging ethics and accountability
This document discusses navigating HIPAA compliance. It begins with examples of HIPAA violations like employees sharing patient photos on social media. It then explains what entities and information are covered by HIPAA and permissible uses of protected health information. It discusses defining a breach, performing risk assessments, and penalties for noncompliance. It provides tips for modifying business associate agreements, privacy practices, conducting risk assessments, updating policies and procedures, and training employees on HIPAA requirements.
This document provides an overview of business ethics, including key concepts like relativism, egoism, utilitarianism, and deontologism. It discusses challenges in business ethics like conflicts of interest, whistleblowing, bribery, and doing business in countries with human rights issues. Managers must consider ethics tests and implications for organizational culture, codes of conduct, and training to promote ethical decision making.
This document provides summaries of key topics in employment law, including:
1) EEOC highlights on pregnancy discrimination and transgender discrimination cases. Pregnant workers cannot have assumptions made about their abilities and must be given equal parental leave. Gender identity and sexual orientation discrimination may violate Title VII.
2) Updates on wage and hour law including the new overtime salary threshold of $47,476 under the FLSA. Employers should review exempt employees' compensation and consider reclassification.
3) Medical and safety issues like leave as a reasonable accommodation under the ADA, even if not eligible for FMLA. Employers should avoid inflexible leave policies and properly communicate in the interactive process.
G&A Employment Law Update webinar May 2013G&A Partners
In this webinar, presenter Alexis C. Knapp, Attorney at Law, will present timely employment law updates that business owners and HR professionals need to know for 2013 and beyond. After the presentation, Alexis will host a live Q&A session with webinar attendees.
This sexual harassment training document covers several key points in 3 sentences:
It discusses mandated learning objectives to change behaviors that contribute to sexual harassment and foster values to prevent incidents. Various emotional reactions to training are identified, and scenarios highlight the importance of open communication to avoid misunderstandings. Legal standards for harassment are explained, including that unwelcome conduct must unreasonably interfere with work or create a hostile environment, and examples of prohibited behaviors are provided.
Answers to the World's Scariest Employment Law QuestionsMark Toth
Here are a few tips to help simplify FMLA administration:
1. Designate leave as FMLA-protected as soon as you have enough information to do so. This protects the employee's job and puts everyone on the same page.
2. Use a third-party administrator to handle paperwork and certification. They are experts and can streamline the process.
3. Train managers on their notification obligations when leave is foreseeable vs. unforeseeable. Clear communication is key.
4. Maintain leave records electronically for easy access and tracking intermittent leave.
5. Certify chronic conditions annually rather than every 6 months if the condition/treatment plan hasn't changed.
6.
Stress, burnout, rage, despair- all common experiences to many in the information security community. This panel will discuss the issues, compare and contrast them to other industries. We’ll also discuss how to recognize stress in ourselves and others, and steps that can be taken to combat it. We aren’t looking at medical or psychological cures, but rather what the average would call common sense approaches to dealing with stress in your life.
We will start with a presentation of common stress and burnout issues and triggers encountered in information security. These factors can be internal (for example, some of the personality types drawn to the field), external (harassment by coworkers, lack of respect by business), and cultural (stereotypes of “geeks”). The discussion will continue with a look at other high stress careers and examine what (if anything) we can learn from them. Many of the commonly considered “high stress” occupations, such as law enforcement, medicine, and military have much more visceral activities and responses- this must be considered when attempting to transfer lessons from these occupations to infosec.
Talk was delivered at Security BSides Las Vegas, 2011
Brighton SEO 2021: What i have learned about bullying at the workplaceVictoria Olsina
Victoria Olsina discusses her experience with bullying and harassment in the workplace. She shares depressing statistics showing that a high percentage of employees, especially women and LGBT individuals, face these issues. However, she notes there are some options for addressing it, such as keeping a journal of incidents, informal complaints procedures, formal grievance processes, or escalating to courts, though pursuing legal action can be difficult and costly. Overall, she advocates speaking up and creating positive change through collective efforts.
Nicholas Tomsen, MD - DPC Changed the Rules: Reclaim Full-Scope Practice - DP...Hint
The document discusses liability and provides disclaimers for educational materials presented at a DPC Summit. It states that the information is for educational purposes only and is not intended as recommendations for how to conduct medical practice. It also notes that performance data from practices is for illustration only. The document disclaims liability for any claims arising from the use of presented materials. It also discloses that faculty do not have any conflicts of interest.
The document then lists learning objectives related to expanding the scope of DPC practice to include both outpatient and inpatient settings. It aims to identify opportunities, added value, and resources to help DPC physicians expand their skills and scope of practice.
We are proud to announce our 37th Innovation Excellence Weekly for Slideshare. Inside you'll find ten of the best innovation-related articles from the past week on Innovation Excellence - the world's most popular innovation web site and home to 5,500+ innovation-related articles.
This document discusses building ethical organizations. It begins with an introduction from Ethan Chazin of The Chazin Group, who provides career coaching, professional development, and business owner coaching. It then explores what constitutes ethical behavior through examples of ethical standards and theories. The document suggests that upholding ethics can be challenging given pressures in the workplace but outlines ways for organizations to develop and maintain ethical cultures through values statements, codes of conduct, leadership modeling, and training.
The document discusses building ethical organizations. It thanks Carol Broccoli of Rutgers-Cook College for her contributions. It then provides biographical information about Ethan Chazin, the founder of The Chazin Group, which specializes in career coaching, job searches, and human capital development. The document discusses what constitutes ethical behavior and provides examples of ethical dilemmas that may arise in workplaces. It suggests guidelines for creating and maintaining ethical organizations, including developing codes of ethics and modeling ethical behavior at executive levels.
The document summarizes key issues in current employment law, including social media, overtime for smartphone use, working from home, managing older employees, and sick/disabled employees. It discusses emerging trends in social media and employment liability risks. It addresses when smartphone use constitutes overtime work and considerations for employees working from home. It also outlines challenges of an aging workforce and strategies for performance managing and accommodating older employees. Finally, it discusses managing employee performance and disability, including when they are related and unrelated.
This document provides information about the Disrupt Denver event that took place on April 9, 2014. It includes details about how the event worked with 20 slides and 15 seconds per slide. It also includes disclaimers for the event slides shared by speakers, asking for respect of their work and not using the material for commercial purposes without permission. The document then provides slides from several speakers on topics related to human resources, management, and business.
This document discusses whistleblowing and its value. It defines whistleblowing and outlines the types of whistleblowing. It discusses criteria for justifiable whistleblowing and considerations around when and how to blow the whistle. The document notes both pros and cons of whistleblowing. It examines components of effective whistleblowing policies and discusses how to create a culture where people feel comfortable speaking up about issues. Overall, the document argues that whistleblowing can have significant value by helping to curb wrongdoing, strengthen governance, and protect companies and the public.
The Secret Thing That Is Holding You Back In Your Nonprofit Career Bloomerang
https://bloomerang.co/resources/webinars/
Mazarine Treyz will talk about exactly how to build trust and make your fundraising office even more effective.
Hybrid Workplace Harassment: Are You Protecting Your Company from Hidden Thre...Case IQ
In today’s “new world of work,” many organizations run on a hybrid model, with some employees working remotely and others in the physical office. While this set-up is convenient, it can cause unique interpersonal issues between employees.
Reduced face-to-face communication makes it harder for teams to bond, while making it easier for harassers to get away with bad behavior. To reduce harassment incidents in your hybrid workplace, you need to foster a culture of openness, willingness to learn, and compassion.
Join workplace investigation and executive management expert Kenneth McCarthy as he outlines how to address and prevent hybrid workplace harassment incidents.
This document discusses toxic work environments in the game development industry. It begins by introducing the author and their experience in the industry. It then covers topics like crunch culture, defining crunch and its legality as well as the physical and mental health effects of crunch on employees. It also discusses toxic workplace behaviors like bullying and abusive management. Finally, it outlines some warning signs of a toxic work environment such as unhealthy budgeting/financing practices, problematic staffing issues, and poor project scheduling. The document advocates for identifying and addressing toxic cultures in the industry.
The Director of Compliance and compliance team at Ace Testing Services spend significant time reviewing reports before releasing them to clients. Reports can take from a minute to over an hour to review depending on their complexity. The reviewer must carefully assess what records should and should not be included in the report based on various rules and criteria. The compliance team reviews thousands of reports each week in addition to other compliance tasks. Ace Testing Services receives very few disputes each year, indicating the compliance team is doing excellent work.
Great tips, resources, best practices and strategies for entrepreneurs, start-ups, professionals and small business owners.to plan launch and grow successful businesses.
Did you attend the 2nd DisruptHR Denver event at Casselman's on August 21, 2014? Did you wish you had? These are the slides from all of the talented speakers who shared their insights about HR, Leadership, Branding...EVERYTHING disruptive and awesome.
Speakers:
Kurt Kraiger
Michelle Marshall
Chanelle Leslie
Mel Torgusen
Robert Archibold
Dave Needham
Meredith Masse
Suzanne Tuien
Luke Wykoff
Noelle Oberg
Mary Faulkner
Everything You Ever Wanted to Know About Employment Law (in 60 seconds or less)Mark Toth
Mark Toth, Chief Legal Officer of North America for ManpowerGroup, gave a presentation on employment law topics. He discussed how employees are increasingly disgruntled, with over half thinking about leaving their current job. He also covered new legal developments, common discrimination claims, ways employers get sued, wage and hour issues like classifying workers correctly, and managing risks from social media. Toth emphasized staying compliant with laws, properly training managers, and addressing any legal issues promptly to avoid costly lawsuits.
Everything You Ever Wanted To Know About Employment Law Mark Toth
The document provides an overview of a presentation on employment law given by Mark Toth, Chief Legal Officer of North America for ManpowerGroup. Some key points from the presentation include:
- Employees are generally disgruntled, with over half saying they would fire their boss and nearly half thinking about leaving their current company.
- Wage and hour violations, particularly in California, often result in large class action lawsuits against employers. Proper classification of employees and compliance with overtime rules is important to avoid liability.
- Employers only win about half of the employment lawsuits filed against them. Discrimination, particularly age and disability, are common claims.
- Social media use policies and NLRB compliance around
This document discusses employee engagement and provides a series of multiple choice questions and answers on the topic. It begins with a disclaimer stating that the presentation should not be construed as legal or medical advice. It then outlines an "Engagement Workout" that includes sections on warming up, the core of engagement, balancing engagement initiatives, envisioning the company's direction, empathizing with employees, enhancing employees' growth, empowering employees, and evaluating engagement efforts. Throughout are facts and statistics about engaged versus disengaged employees from various sources like Gallup, Towers Watson, and others. The overall message is that improving engagement benefits both employees and employers.
This document provides an agenda and materials for a webinar on leadership presented by Mark Toth, Chief Legal Officer of North America. The webinar covers various topics related to leadership such as defining a leader, leadership styles throughout history, how not to lead through examples like pride and lies, and exercises for developing leadership skills like caring, learning, and developing others. It also includes polling questions to engage participants and information on receiving continuing education credits for attending.
This document provides a disclaimer and overview of a toolbox of employment law information and resources. The summary states that the toolbox is intended for educational purposes and should not be considered legal advice. It also notes that using the toolbox does not create an attorney-client relationship and that competent legal advice should be sought from a licensed attorney. The toolbox includes glossaries, checklists, guides on topics like ADA/FMLA interaction and wage and hour law, as well as tools for investigations, terminations, reducing legal fees and more.
Answers to the Scariest Employment Law QuestionsMark Toth
Here are the key NLRB rulings in plain English:
- Employees have the right to use company email and equipment for union organizing on non-work time.
- Mandatory arbitration agreements can't block employees from joining together to pursue work-related legal claims.
- Classifying workers as supervisors just to exclude them from unionizing won't necessarily work.
- Overly broad social media, camera and confidentiality policies could interfere with protected concerted activity.
- Non-disparagement rules may chill protected discussions of working conditions.
- At-will employment can still be terminated for good cause, but not for union or protected concerted activities.
The bottom line is the NLRB
The document is a presentation by Mark Toth, Chief Legal Officer of North America for ManpowerGroup, providing an overview of key employment law topics. The presentation includes:
1) A competition to test knowledge of employment law statistics and developments, covering topics like common discrimination claims, EEOC activity, and social media issues.
2) Updates on the increasing number of employment lawsuits, larger lawsuit values, and growth areas for claims like wage/hour violations.
3) Discussion of legal issues around using social media to screen candidates, developing social media policies, and monitoring employee social media use.
4) Reviews of developments in disability, medical leave, and genetic information anti-discrimination laws.
The document is an agenda for an employment law webinar hosted by ManpowerGroup on July 25, 2012. The webinar covered various employment law topics such as how to prevent and manage litigation, how to conduct investigations without getting investigated, how to terminate employees without getting into legal trouble, and how to avoid issues with social media. The webinar encouraged participation from attendees in deciding topics and included polls and a discussion on stress in the workplace.
Everything You Ever Wanted to Know About Employment LawMark Toth
Based on the description of Bob's unusual behavior, the best response is to give him a chance to explain his behavior (option D). His conduct suggests he may have been experiencing a medical issue or episode, so dismissing or punishing him without understanding the context could expose the employer to legal risk. Speaking with him respectfully and allowing for an explanation is the most prudent initial step.
Everything You Ever Wanted To Know About Employee EngagementMark Toth
The document is a presentation by Mark Toth on employee engagement. It discusses key topics around engagement including defining engagement, common myths, realities, drivers, and things leaders can do to improve engagement. It provides engagement statistics and discusses how to measure, enhance and sustain engagement over time. The presentation aims to help organizations better understand and improve employee engagement.
This document summarizes a webinar presented by Manpower on social media and recruiting. It provides information on Intuit's journey with social recruiting, what they learned, and where they are going. It also discusses some of the legal issues around using social media for recruiting and provides tips for developing a social media policy. The webinar aimed to help HR professionals understand how to effectively use social media for recruiting while avoiding legal pitfalls.
The document is a presentation titled "Top Ten Legal Nightmares" by Mark Toth, Chief Legal Officer of ManpowerGroup North America. It lists potential legal issues that companies may face, such as class action lawsuits, noncompliance with labor laws, and bankruptcy due to legal costs. The presentation concludes with a rhyming song summarizing the key messages to comply with the law, treat employees and others ethically and respectfully, and avoid legal problems.
The document provides an overview of employment law topics including an alphabet soup glossary of common acronyms, cheat sheets on the ADA, ADEA, EPA, ERISA and COBRA, as well as sections on investigations, terminations, wage & hour laws, retaliation, social media policies, and reducing legal fees. The intended purpose is to educate about key employment laws and provide tools and resources for employers to stay compliant.
What's New and What's Next in Employment Law 2012Mark Toth
The document provides an overview of employment law issues for 2012, including what's new and what's next. Some of the key points covered include an increase in employment law claims and costs of litigation. Areas of focus include wage and hour issues like independent contractor classifications and overtime exemptions. Terminations, social media policies, and the activities of the NLRB are also discussed. ADA compliance and leave policies are noted as ongoing areas of scrutiny.
This document provides employment law tools and resources for human resources professionals. It includes an alphabet soup glossary of common employment law acronyms, cheat sheets on key laws like the ADA, ADEA, EPA, FMLA, and ERISA. It also contains templates for investigations, terminations, and a sample social media policy. The overall document is a reference guide to help reduce legal fees and ensure compliance with employment statutes.
Answers to the World's Scariest Employment Law QuestionsMark Toth
The document discusses various employment law issues and questions. It lists topics like wage and hour laws, discrimination, religious discrimination, managing intermittent leave, NLRB changes, arbitration, and issues around paying employees for scheduled hours versus actual hours worked. Employers seem concerned about complying with changing laws and avoiding costly lawsuits.
"IOS 18 CONTROL CENTRE REVAMP STREAMLINED IPHONE SHUTDOWN MADE EASIER"Emmanuel Onwumere
In iOS 18, Apple has introduced a significant revamp to the Control Centre, making it more intuitive and user-friendly. One of the standout features is a quicker and more accessible way to shut down your iPhone. This enhancement aims to streamline the user experience, allowing for faster access to essential functions. Discover how iOS 18's redesigned Control Centre can simplify your daily interactions with your iPhone, bringing convenience right at your fingertips.
Building a Raspberry Pi Robot with Dot NET 8, Blazor and SignalRPeter Gallagher
In this session delivered at NDC Oslo 2024, I talk about how you can control a 3D printed Robot Arm with a Raspberry Pi, .NET 8, Blazor and SignalR.
I also show how you can use a Unity app on an Meta Quest 3 to control the arm VR too.
You can find the GitHub repo and workshop instructions here;
https://bit.ly/dotnetrobotgithub
2. Official Disclaimer
The presentation you are about to witness
should not be relied upon or construed as
legal advice.
Failure to stay awake for the entirety of this
presentation could result in long-lasting
side-effects, including litigation headaches,
recurring nightmares and/or severe
gastrointestinal discomfort from having
to spend too much time with lawyers.
Please consult with your own HR and
Legal departments before making any
major policy and/or procedure changes.
You have been warned.
2
3. Follow me on Twitter:
@manpowerblawg
Visit my Blawg:
marktoth.com
Sign up for my free alerts:
at your seats
3
4. Reduce your terror level
What
Keeps YOU
Up at
Night?
4
Smartest
HR Person
in the
Universe
Contest
Law Made
Unscary
Stay Out of
Jail To-do
List
FREE
Stuff
29. 1. On-call time
6. Travel during work hours
2. Commute time
7. Changing in/out uniform
3. Wait time
8. Donning/doffing safety gear
4. Meals < 30
9. Walking from changing area
5. Travel non-work hours
10. Rest > 30
29
30. 1. On-call time
6. Travel during work hours
2. Commute time
7. Changing in/out uniform
3. Wait time
8. Donning/doffing safety gear
4. Meals < 30
9. Walking from changing area
5. Travel non-work hours
10. Rest > 30
30
31. Wage & Hour Checklist
Tool Box
Know the Law
Time System
Simple, accurate and enforced
Train
Managers and employees
Complaint System
Investigate promptly and thoroughly
Audit
Classifications, records and OT calculations
Address
Issues immediately, focusing on high risk first (systemic, CA)
Consult
Your favorite employment law attorney
31
39. True or False?
None of the laws that apply
in the real world apply in the
social media universe and
therefore I can completely
lose my mind and absolutely
anything goes.
39
42. How do those about to enter the
workforce rank the following in order
of importance?
A. Social Activities, Romance, Music, Internet
B. Internet, Social Activities, Romance, Music
C. Music, Social Activities, Internet, Romance
D. Romance, Internet, Music, Social Activities
42
43. How do those about to enter the
workforce rank the following in order
of importance?
A. Social Activities, Romance, Music, Internet
B. Internet, Social Activities, Romance, Music
C. Music, Social Activities, Internet, Romance
D. Romance, Internet, Music, Social Activities
Source: Cisco
43
44. What percentage of men have viewed
porn at work?
A. 0
B. 2
C. 17
D. 25
E. 118
44
45. What percentage of men have viewed
porn at work?
A. 0
B. 2
C. 17
D. 25
E. 118
Source: Harris Interactive
45
46. 1 out of every ___ employees has
forwarded a sex-related email at work?
A. 50
B. 10
C. 7
D. 3
E. 2
F. 1
46
47. 1 out of every ___ employees has
forwarded a sex-related email at work?
A. 50
B. 10
C. 7
D. 3
E. 2
F. 1
Source: Harris Interactive
47
48. Which of the following is NOT an actual
employee tweet?
A. “Hate my job!! I want to tell my bosses how dumb they
are and how meaningless this job is, then quit, and be
happy!”
B. “So my job was to test all the food at the new restaurant,
can I just say, ughew. I’m going to taco bell.”
C. “Smoking weed at work is so [expletive] great”
D. “I’m really bummed that I’m working today, I asked off so
I could study but my boss is a [expletive] who can’t read.”
E. “I am working really hard right now and feel very
fortunate to have a job.”
48
49. Which of the following is NOT an actual
employee tweet?
A. “Hate my job!! I want to tell my bosses how dumb they
are and how meaningless this job is, then quit, and be
happy!”
B. “So my job was to test all the food at the new restaurant,
can I just say, ughew. I’m going to taco bell.”
C. “Smoking weed at work is so [expletive] great”
D. “I’m really bummed that I’m working today, I asked off so
I could study but my boss is a [expletive] who can’t read.”
E. “I am working really hard right now and feel very
fortunate to have a job.”
49
50. YOU be the judge
Who wins?
A. Employer
B. Employee
C. Neither
50
51. YOU be the judge
Who wins?
A. Employer
B. Employee
C. Neither
51
52. SM Searches
Be
Consistent
Designate
Searchers
Limit
Scope
All candidates or certain categories/departments
Same phase of interview process
One employee, small group or 3rd party
Not hiring manager
Restrict to certain approved sites
No posing, lying, fraud or demanding passwords
No age, race, religion or other protected info
Job-related, job-related, job-related
52
53. SM Searches
Disclose
Notify candidates that may use SM
Disclose on applications and other docs
Document
Consistent process
Note legit biz job-related reasons
Follow doc retention policies
53
56. Which of the following increases your
chances of getting sued under GINA?
A. Asking about family medical history
B. Terminating an employee after a positive genetic test
C. Commingling medical and other info
D. Not adopting the EEOC’s safe harbor language
E. Discriminating against employees named Gina
F. All of the above except “E”
56
57. Which of the following increases your
chances of getting sued under GINA?
A. Asking about family medical history
B. Terminating an employee after a positive genetic test
C. Commingling medical and other info
D. Not adopting the EEOC’s safe harbor language
E. Discriminating against employees named Gina
F. All of the above except “E”
57
58. What’s the #1 most headache-inducing
law for employers right now?
58
60. 2014’s MOST CREATIVE EXCUSES
“My dog had a nervous breakdown.”
“My toe was stuck in a faucet.”
“I was upset after watching The Hunger Games.”
“I was bitten by a bird.."
“I was sick from reading too much.”
“My sobriety tool kept my car from starting.”
“My hair turned orange.”
“I forgot you hired me.”
“I was suffering from a broken heart.”
Source: CareerBuilder
60
62. Which of the following has NOT
been recognized as a disability
under the ADA?
A. Fear of Getting Fired
B. Internet Use Disorder
C. Obesity
D. Pregnancy
E. Shy Bladder Syndrome
62
63. Which of the following has NOT
been recognized as a disability
under the ADA?
A. Fear of Getting Fired
B. Internet Use Disorder
C. Obesity
D. Pregnancy
E. Shy Bladder Syndrome
63
64. An employee has been out on medical
leave for 11 months. Your neutral
policy is to terminate all employees
who have been on leave for 12
consecutive months. If he doesn’t
return in a month, can you terminate?
64
68. Bob is normally a responsible, quiet employee.
One day, however, he shows up two hours late
and acts “obscenely happy, wearing make-up,
avoiding eye contact, continuously rubbing his legs
and touching everyone.” He also does a “crazy
monkey arm dance” and begins “twirling and talking
gibberish, flying around in the office in a hyper state.”
Then he leaves. What do you do?
A.
B.
C.
D.
Fire him for inappropriate workplace behavior
Do a crazy monkey arm dance in his honor until he returns
Drug test him
Give him a chance to explain his behavior
68
69. Bob is normally a responsible, quiet employee.
One day, however, he shows up two hours late
and acts “obscenely happy, wearing make-up,
avoiding eye contact, continuously rubbing his legs
and touching everyone.” He also does a “crazy
monkey arm dance” and begins “twirling and talking
gibberish, flying around in the office in a hyper state.”
Then he leaves. What do you do?
A.
B.
C.
D.
Fire him for inappropriate workplace behavior
Do a crazy monkey arm dance in his honor until he returns
Drug test him
Give him a chance to explain his behavior
69
70. An employee comes into your office at 4:59 on a Friday
and informs you that he suffers from multiple
medical conditions, including “work-induced narcolepsy,”
“spontaneous combustion syndrome” and
“episodic cubicle-confinement hyper-grumpiness.”
He demands several accommodations, including:
(1) a portable IV hooked up to an espresso machine,
(2) a fire extinguisher mounted to his head;
(3) three-and-a-half weeks off each month
and (4) your office.
If you have time to make only one call,
to whom should it be?
70
77. Investigation Checklist
Step One: Prepare
Plan the investigation strategy
Review relevant policies and handbook provisions
Evaluate pros and cons of investigation
Pick a competent and impartial investigator
Analyze potential risk factors
Review allegations and prep list of witnesses and questions
Establish a confidential investigation file
77
78. Investigation Checklist
Step Two: Investigate
Interview the complaining employee first
Now – don’t procrastinate
View the site of the alleged incident
Each relevant witness identified by the complaining party should be interviewed
Supervisors should be involved to provide context
Take the time to gather all potentially relevant evidence
Interview the accused
Gather potentially mitigating evidence and talk to witnesses named by accused
Analyze all the evidence objectively
Talk to an attorney about any potential legal issues
End the investigation with a written report and appropriate communication
78
79. 11. Not telling real reasons
6. Emotion over facts
10. Poorly planned
termination meeting
5. Not getting a release
9. Ignoring policies
and contracts
8. Bad post-termination
communication
7. Ignoring past practice
4. Inadequate documentation
3. Non-job-related factors
2. Not treating with dignity
and respect
1. NOT firing someone
who should be fired
79
81. Termination Test
Notice
Rule
Investigation
Proof
Consistency
Penalty
Reasonable notice of consequences?
Related to (a) efficient and safe operations and
(b) performance company should reasonably expect?
Full, fair and timely?
Sufficient evidence that guilty as charged?
Rule consistently applied to all?
Punishment fit the crime, considering
(a) seriousness of offense and (b) service record?
81
82. Termination Meeting
Who?
Manager, HR, no 3rd parties (except union rep).
Security? Outplacement?
What?
Manager: decision. HR: all else. Final pay + notice
(some states).
Where?
In person. Not manager’s office. No projectiles.
When?
Mid-week #1, Friday #2, Monday worst. End of day #1,
morning #2. Avoid holidays.
How?
Compassionate.
82
83. Latest Severance Stats
75% have written policy
Most give lump sum
66% require waiver
68% provide outplacement
2.3 – 3.4 weeks for each year of service
Source: Right Management
83
87. Open 24 / 7 / 365.25
World’s Most
Fabulous
Employment Law
LIBRARY
88. Prison-free Plan
KNOW THE LAW
FOCUS ON KEY PRIORITIES
Known violations
Systemic issues
Wage & hour
EEOC priorities
INVESTIGATE & DOCUMENT ALL CLAIMS
BEWARE RETALIATION
LOVE YOUR EMPLOYEES
88
OK, here’s where things officially get spooky. Because I’m a lawyer we’ll begin with some frightening legalese [read].In other words, you can’t sue me, Ellen, ManpowerGroup or anyone else based on anything you hear here today. So there.
As an extra added bonus, ManpowerGroup’s own Mara Zimmerman will somehow be magically tweeting along as me during today’s webinar using the handle @manpowerblawg – that’s b-l-a-w-g – using the hashtag mpwebinar. Thank you, Mara, and please don’t say anything that’ll get me fired.
Here’s what we’ll cover today. First, we’ll look at some of our pre-webinar survey results to see what YOU want us to talk about. Then we’ll dive right in and de-spook-ify ?s in the topic areas you selected. To help keep you stay awake we’ll mix in a variety of twicky Tweet- and Text-o-ramas for valuable prizes. We’ll then unmask some EL Great Pumpkin myths and then conclude today’s proceedings with our handy how to get sued BIG now tips. But that’s not all. Immediately after the webinar tune into my blawg at marktoth.com for our Least Zombie-ish Webinar Attendee Contest and other great free stuff.
We’ll also post on my Blawg our 187% free EL Tool Box. Includes a glossary to help decode the alphabet soup of employment laws; cheat sheets on every major employment law; an investigation checklist; termination tools; an overview of wage and hour basics; tools for reducing legal fees and much much more.
We’ll also post on my Blawg our 187% free EL Tool Box. Includes a glossary to help decode the alphabet soup of employment laws; cheat sheets on every major employment law; an investigation checklist; termination tools; an overview of wage and hour basics; tools for reducing legal fees and much much more.
We also asked you to rank the world’s scariest employment laws. Here’s your official top 10. We’re going to tackle the top 5 for you here today. That’s one of the filters we used to funnel your ?s scientifically.
We also asked you to answer this question in 10 words or less: What spooksyou most about the world of work heading into 2013?Here’s basically what you said …
Hundreds of responses. That’s the main theme right there on your screen. Here’s one quote and it was in all caps just so I wouldn’t miss the point: EVERYTHING ASSOCIATED WITH COMPLIANCE AND REGULATIONS AND MORE REGULATIONS AND MORE REGULATIONS. So, in addition to EVERYTHING spooking you right now, that word MORE kept popping up as a key theme, too, as in MORE complexity, MORE technology, MORE instability, MORE talent challenges, MORE competitive pressure, MORE demands, MORE fear, MORE stress, which all leads to MORE disputes and MORE and MORE and MORE litigation.
Our goal is simple: to de-spook-ify employment law one law at a time. For those of you who follow my blog, starting tomorrow we’ll be breaking down each and every major employment law in a single post each and every day until we’re done and you know absolutely everything. We want you to be fear free.
Before today’s webinar, we reached out and asked you a series of ?s to take your temperature on a few topics. Thanks to the more than 1200 of you who responded. Here’s what you said …
As always, we’ll start with the BIG picture and focus on that as weproceed so we don’t get lost in all the all the legal mumbo jumbo …
***POLL*** While you’re mulling that over, here’s a little poll to see how atuned you are with your employees. [Read]
The correct answer? 76% -- more than 3 out of 4 -- would fire their boss right now. If you’re a boss, keep that in mind as we proceed to our next question. For those of you who voted, you may need to click on the little “close” box to clear the poll from your screen. [9:30]
According to a new survey by ManpowerGroup’s own Right Management, Right Management, an unprecedented 86% of U.S. employees say they intend to look for a new job in 2013. Wow. The main driver, according to the researchers: Booming stress: “The constant drumbeat of downsizing coupled with the expectation to do more with less has put an added amount of stress on workers.” A study that came out last week concluded that the #1 reason people consider bolting is a lack of stability.
We’re ALL strrrrrrrrresssssed. Here’s a graphic representation of some of the latest depressing statistics. 1 in 25 bosses is a certified psychopath (4 times higher than average). We’re working 32% (8 hours a week) harder than our parents. 62% report a workload increase in the past 6 months. 33% are officially chronically overworked, medically speaking. And 80% of jobs are now officially sedentary, which makes them dangers to our health, specifically our hearts. The end result of all this stress? A whopping $300 billion is lost each and every year due to stress-related absenteeism, burnout,decreased productivity, workers’ comp claims, turnover, insurance and other costs.
The absolute key to employee gruntlement in one word: LOVE. If you really think about it, the law is there basically because we don’t do this whole LOVE thing very well. If we treated each other how we’d like to be treated -- with kindness and dignity and respect – we wouldn’t have to have all of those annoying laws and regulations to keep track of and lawyers would all be unemployed. It’d be a beautiful thing. So, want fewer regulations? LOVE your employees. Fewer disputes? LOVE your employees. Fewer lawyers? LOVE your employees. More productivity and engagement and downright happy employees who don’t sue you in massive class actions that take all your time and effort and money? LOVE your employees. It’s that simple.
That’s the big picture. Now it’s time for our next topic: How to get sued BIG now. That’s simple, too. Don’t LOVE your employees. [13:00]
So, to sum up this section, if you reallllly want plaintiffs’ lawyers to love you and sue you a lot, here are five easy steps you can take right now. First, ignore the law. Don’t wake up from the nap you’re taking right now and don’t update your policies or procedures based on what you hear. Second, plaintiffs’ lawyers LOVE it when you ignore your own policies, which, unfortunately, employers do all the time. Please don’t do that. Third, don’t investigate promptly and thoroughly, and document poorly. They LOOOOOVE that. Fourth, make sure you discipline your employees inconsistently. And last and most importantly, if you REALLY want to get sued big, lie. Cover things up. And especially at high levels of the organization. Do all those things and you’ll have no trouble spending lots of time in court. [21:00]
1 person. OK let’s see how well you apply all that stuff we just covered. Time to play Deal or No …? If win, get a fabulous Deal or No Deal board game.You’re the new HR person 3 women allege they were harassed by their employer.The women allege they were subjected to severe harassment, including one manager exposing himself and forcing a woman to grope him and then requiring the women to participate in a smooching club to get sales leads.Turns out you don’t have an anti-harassment policy.You also don’t have any anti-harassment training.You also don’t have any reporting procedures.After the complaints, manager fires 2 of em.Depositions. Managers testify they don’t think sex harassment procedures are necessary.You get deposed and are unable to give the legal defn of harassment.Ps atty comes to you after depos and offers to settle the cases for $1.2M – take it or leave it. No negotiating. What do you do? Deal or no?$1.5 jury verdict. If settle, save $300K on verdict alone + $150K attys’ fees + bad PR.
Who said the following? Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser – in fees, expenses and waste of time. As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be business enough. (Hint: Honest ___) 99% of cases settle. Earlier you settle, less you pay in fees. Abe was on to something.
So, how much will you have to pay? Here’s our latest and greatest breakdown of real-life cases right now and how much you’ll have to pay. Can be very helpful when it comes to settlement discussions.Starting at the left. If your case has just 1 plaintiff and really no horrible facts, which is about a third of all cases, expect to pay between 0 and fifty thousand dollars. If you have 1 plaintiff but horrible facts – 28% of cases – expect to pay between 51 and 100 thousand. If you have a pattern or systemic case with more than 1 plaintiff and/or really horrible facts – 39% of the cases out there – expect to pay between 100 thousand and 1 million. And if you have a big pattern with lots of plaintiffs and/or realllllllllly horrible facts, expect to pay more than a million. Thankfully that’s only about 1% of all the cases out there. [15:30]
So that’s it for medical leave law. And now: How to avoid getting sucked into the wage & hour abyss …
Allegations included that the Plaintiff was required to be on call QUOTE “from the earliest waking hour, for being responsive to the slightest need throughout the day, and for addressing spontaneous, random matters in the middle of the night” as well as QUOTE “maintaining the availability of defendant's personal supplies, ensuring the availability of chosen outfits, ensuring the promptness of a towel following a shower and serving as a personal alarm clock to keep defendant on schedule.” So, who was that alleged offender?And please don’t treat your employees like that.
Here’s an awesome little tool that every HR, business and legal person should memorize. Virtually everything you need on one screen. Gaze at the words you see there and try to determine for yourself which of these big 10 employers generally are required to pay under the FLSA. Done? OK here’s the answer …
Here’s an awesome little tool that every HR, business and legal person should memorize. Virtually everything you need on one screen. Gaze at the words you see there and try to determine for yourself which of these big 10 employers generally are required to pay under the FLSA. Done? OK here’s the answer …
Tool Box: know the lawTime System: simple, accurate & enforcedTrain: managers and employeesComplaint System: investigate promptly & thoroughlyAudit: classifications, records & OT calculationsAddress: issues immediately, focusing on high risks first (systemic, CA)Consult: your favorite employment law attorney
That brings us to our next topic, What’s new at the NLRB? Lots of intriguing developments …
***POLL*** First a question, [read]
Some employers still don’t realize that the NLRB and the NLRA it enforces apply to both unionized and NON-unionized companies. If you don’t have a union that doesn’t mean you can ignore this section.
I’ll take this one. Here’s a handy one-page guide to every recent NLRB decision. Basically, anything that infringes on the blue box you see there, the NLRB will have a problem with. Protected concerted activity is the key concept. Again, applies in union AND non-union settings. Any time you have more than one employee discussing virtually anything related to wages or work conditions you need to be careful. And as many employers are discovering, the rule really isn’t any different in cyberspace. Whether it’s in the cafeteria or on Facebook be very careful about punishing employees for anything that could be protected concerted activity. For more, check out our handy SM Starter Kit in the EL Tool Box. Lots more there on this topic.
As our survey results showed, people continue to be confused about social media and the law …
***POLL*** Here’s another question [read] [51:00]
***POLL***If you’re under the age of 22, the Internet apparently beats listening to music, getting together w/friends and even dating. Wow. As the parent of college-age twins, I’m officially concerned for the future of our world.
***POLL*** Here’s another question [read] [51:00]
***POLL*** Here’s another question [read] [51:00]
***POLL*** Here’s another question [read] [51:00]
***POLL*** Here’s another question [read] [51:00]
Here’s another real-life case. As I read it, weigh in. Let’s say you’re a male supervisor. You have a male employee that’s giving you grief but you don’t have the goods to fire him. So what do you do in today’s modern world? You create a fake Facebook profile as a woman named Layla Shine replete with a womanly photograph and everything. You then send the male employee a friend request. He accepts it. You then dig around on the employee’s site, print out some of his rather inappropriate comments and use ‘em to support a termination for “poor judgment.” The employee sues. Who wins?
The ruling went in favor of the employee because the manager violated the federal Stored Communications Act or SCA. In short, if you use fraudulent means to obtain social media access you may run afoul of the SCA. Judges and juries don’t like it when employers use shady tactics. When in doubt, don’t be sneaky.
Be ConsistentTreat applicants equallyApply searches to ALL applicants or at least specified categories or departmentsUse at the same phase of the interview process to ensure consistencyDesignate Searchers who actually know what they’re doingChoose one employee, or a very small group or a neutral 3rd party that’s trained in how to do thisPlease don’t use the hiring manager – they might discover all sorts of things you wish they hadn’tLimit the Scope of the searchRestrict searches to certain approved sites – no porn site visits, pleaseNo posing as someone you’re not, creating fake Facebook accts, lying or fraud: Courts and govt very hard on Ers who do thatOf course, don’t search or consider any protected informationAnd, as always, the focus should be job-related, job-related, job-related. If it’s not, don’t do it.
Disclose – tell applicants if you’re going to use SM to screen on applications, etc.And document document document -- the consistent process, the legit biz job-related reasons for not hiring and then retain those docs consistent with your retention policies and never ever destroy evidence.
There’s lots of stuff in the Tool Box to help make you yikes-free. Handy one-page cheat sheets + tips on each major law and how they all interact with each other which isn’t always easy to figure out. We get lots of questions in this area so hopefully you’ll find lots of practical answers there.
That brings us to ADA, FMLA, HIPAA, OSHA … Yikes!Loooooots of medical issues out there …
While we await those responses, here’s an interesting list. One of the areas in which you said you struggle most is leave abuse. To help you avoid getting taken advantage of, here are the Top 10 Most Creative Excuses for Missing Work from the past year. Hopefully you haven’t heard these from any of your employees or tried them yourselves … [read]. Number one: My dog had a nervous breakdown. That’s not covered by the ADA. At least not so far.
That looks like this. It’s a QUOTE “plain language booklet designed to answer common FMLA questions and clarify who can take FMLA leave and what protections the FMLA provides.” Your employees are reading it — so should you. Specific questions and answers include: Who can take leave? When can they take it? How do they take it? What rights do employees have? What obligations do employers have? How do the certification and return-to-work processes really work? It also contains a handy flow chart to determine FMLA eligibility and maps out the entire leave process. Good stuff to help you do the right thing. [37:30]
***POLL***Here’s another ? for you …
2 lessons here: (1) pregnancy is not a disability bc it’s a short-term condition but (2) lots and lots and loooots of other things ARE including each of the ones on your screen. That doesn’t mean pregnancy discn is legal – it’s just not a disability under the ADA. More on pregnancy in a moment.Never ever assume that something’s not a disability just bc you haven’t heard of something or it seems counter-intuitive. To illustrate that point, one court just refused to dismiss claims brought by a bridge worker who couldn’t work on bridges due to fear of heights and another court refused to dismiss claims by a utility pole worker who couldn’t climb utility poles. Never ever assume.
EEOC has announced that it’s going after no-fault attendance policies in a big way. Why? If administer it consistently as ? asked could mean that you’re flat-out failing to accommodate Ees whose absences are because of disabilities. Backed up its words in a humongous nationwide class action not long ago that was settled for $20M. Hates inflexible/no-fault/rigid/automatic term leave policies and terms based on indefinite leave. Always always always go thru the interactive process and reasonably accommodate those with disabilities unless it truly imposes undue hardship. Talk to your fave emp’t lawyer before terming someone on this basis. The EEOC has held public hearings on this and spoken a lot about how it hates hates hates employers who do this.
Here’s a handy checklist on how NOT to do the ADA, based on all the latest cases. First, have an inflexible one-size-fits-all leave policy that doesn’t allow for individual variations and accommodations. The EEOC already has a $20M settlement in such a case. Next, make snap judgments that something you’ve never heard of isn’t a disability. Third, don’t interact with the employee in a meaningful way. Next, don’t accommodate the employee even if it’s fairly reasonable. And last, do like far too many employers have done and memorialize your discriminatory acts in writing for future judges and juries to see.
And here’s how TO do the ADA. Again, it’s all about LOVE. Treat those with disabilities the way you’d like to be treated. The law requires a graceful interactive DANCE depicted on your screen there. Discuss discuss discuss discuss and then discuss some more. It should be a good faith open dialogue that balances biz needs AND EE needs. Actually engage and interact. Both sides can win.
***POLL*** Time for another YOU be the judge. Listen to the facts and issue your ruling. A leasing manager worked for her employer a total of 4 days. During those 4 days, the employee alleged that 2 of her male co-workers sniffed her 12 times each. 24 sniffs total for those of you keeping score. The alleged sniffing occurred both while she was sitting at her desk and while she was on her way to the bathroom. She asked the sniffers to stop but they refused. One of the co-workers allegedly hovered over and engaged in a QUOTE sexual staredown with her for several minutes. At a staff meeting, the employee complained to her supervisor about the harassment. One employee claimed he had a medical condition that required frequent sniffing; the other made a sexual joke. The employee was fired later that day. At first, she was given no reason but later the company claimed she was fired for, among other things, “swatting a fly harder than necessary.” The employee sued the company claiming sexual harassment and retaliation. Who wins?
Believe it or not, the EMPLOYER won summary judgment at the trial court stage, ruling that no reasonable juror in the woman’s shoes would have viewed herself as an harassment victim. Not too surprisingly, the court of appeals reversed and found that a jury could reasonably conclude that both harassment and retaliation occurred. So, at least for now, the employee won.
Got several billion ?s in this area. Here’s everything you need to know, courtesy of our updated Investigation Checklist.2 steps. Prepare and Investigate. This checklist was put together based on thousands of collective hours of litigationexperience. Follow these and you may never see the inside of a courtroom ever again.P stands for plan the investigation strategy. Waaay too many employers skip this step and plunge in without preparation. Don’t. R is for review all relevant policies at the outset. E: Evaluate the pros and cons of investigation. Investigate ALL claims of discrimination but not everything else warrants an investigation. P: Pick a competent and impartial investigator. If you don’t, the entire investigation could be attacked as a sham. Next, analyze potential risk factors such as protected classes, medical leave issues, potential retaliation, etc. R: Review the allegations and prepare a witness and question list so you don’t forget anything. And then the last step of PREPARE is to Establish a confidential investigation file away from prying eyes.If you skip any of these steps, your investigation could be in peril. [Let’s stop and let people absorb this for a moment. Here’s a question: Who makes the ideal investigator in your mind?]
Now that you’re PREPAREd, it’s time to INVESTIGATE. I: Interview the complaining employee first to get the whole waterfront of allegations and know what you’re dealing with. Keep asking: “Anything else?” to close things off.N: Now. Don’t procrastinate. Act while memories, docs and evidence are still fresh.V: View the site of the alleged incident. Columbo always did it, so should you. Might miss the key to the puzzle.E: Each witness ID’d by the complainant should be interviewed next and then interview S Supervisors to provide needed context and background.And then T take the time to gather all relevant evidence.Next step: I interview the accused. Give him or her a chance to tell their side of the story. Don’t rush to judgment and assume they’re guilty.G: Gather all potentially mitigating evidence and interview any Ws ID’d by the accused.And then A analyze ALL the evidence objectively. Really think it thru. Imagine the govt or a judge ?g your every step and conclusion.T talk to your favorite emp’t law attorney – Joel Spitz for example – about potentially thorny legal issues.And then E end the investigation with a written report and appropriate communication.Here’s a question for you Kathleen as someone who’s actually spent a time in both HR and Legal. What 1 thing do you wish managers or HR folks would start or stop doing when it comes to investigations?A recent case out of my home state of KY shows the importance of resisting the temptation to skip any steps just because you think you’ve got a reeeally solid case. A sexual harasser was caught dead-to-rights. The HR person was so sure that he could fire the person to show how strong the company is against harassment that he wrote up the termination notice prior to meeting with the plaintiff to get her side of the story. Court ruled against the employer. Don’t skip steps.
Please not that most webinars out there give you mere top 10 lists. Ours go to 11. Here’s our updated official Top 11 Termination Troubles certain to land you in legal hot water.#11: Not telling someone the real reasons you’re firing them. Don’t sugarcoat. Be honest. #10: A poorly planned termination meeting. We’ll fix that for you in a moment. #9: Ignoring policies and employment contracts. Never good. #8: Bad post-term communication. Saying either too much or too little can hurt you. #7: Ignore past practice at your peril. #6. Reacting out of emotion instead of facts can lead to terrible decisions. Just the facts, man. #5: Not getting a release especially if you give an employee $ to go away is never a good idea. They just might use it to sue you. #4: Inadequate documentation. Document, document, document unless you say dumb things. #3: Considering non-job-related factors. Again, if it ain’t job-related, it ain’t job-related. #2: Not treating employees with dignity and respect when you terminate them. More on that later. #1: Not firing someone who should be fired. Too many employers drag their feet when it comes to terminations which can end up hurting morale and costing more in the long run.
Before you terminate anyone, here’s a handy checklist to make sure you review each and every key piece of information. Organizations miss one or more of these all the time. [Joel/Kathleen: Lots of questions of this variety – What ONE thing do you see employers most often mess up in this area?]
To help guide your termination decisions, here’s a handy one-page time-honored test that can save you lots of grief and money. I personally used this in several cases and won hands-down each time. If you can’t give a definitive “yes” to each of these ?s, don’t terminate.
Another big area of ?s is: How exactly do we handle the termination meeting to reduce risk? Here on 1 slide are the world’s greatest best practices in this area, based on lots of conversations with the world’s greatest employment lawyers and HR folks.[Read]
Bottom # depends on level. Execs at top end, non-professionals at low end.
First, here’s a handy checklist of how TO go to jail. [Read] It’s that simple. Last one is very important. For example, if you didn’t visit the Blawg this week you probably would have no idea that tomorrow is Working Naked Day. Don’t want to miss valuable information like that.
We’ll also post on my Blawg our 187% free EL Tool Box. Includes a glossary to help decode the alphabet soup of employment laws; cheat sheets on every major employment law; an investigation checklist; termination tools; an overview of wage and hour basics; tools for reducing legal fees and much much more.
We’ll also post on my Blawg our 187% free EL Tool Box. Includes a glossary to help decode the alphabet soup of employment laws; cheat sheets on every major employment law; an investigation checklist; termination tools; an overview of wage and hour basics; tools for reducing legal fees and much much more.
On the Blawg you can also find the World’s Most Fabulous Employment Library, which is open 24 hours a day 7 days a week 365 and a quarter days a year (which covers all leap years just in case you’re wondering). In it you can find a wealth of information on literally every employment law topic in the history of the universe. And. All. For. Free.
Here’s how to stay prison-free. First, and this is why you’re all here, KNOW THE LAW. Update your policies and procedures – plaintiff’s attorneys love it when you don’t. Next: Focus on key priorities we identified here today. Address any known violations of the law first and then any system-wide issues. Next address any wage and hour issues, particularly misclassifications. And then make sure you’re solid on all the EEOC strategic priorities we discussed. Always always always investigate and document all claims promptly and thoroughly. And beware retaliation. It’s now the #1 discrimination claim and often the easiest to prove.And last – above all else LOVE your employees. Treat ‘em the way you’d like to be treated. With dignity and respect. If you don’t, they just might sue you.
THANK YOU THANK YOU THANK YOU so much for your time, attention and participation – we really very extremely incredibly much appreciate it!And now, back over to Ellen.