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
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.
This document discusses 5 things to consider before starting a new job, including noncompete agreements. It notes that many employees are only told about noncompete agreements after accepting or starting a new job. It also discusses how states vary in enforcing noncompetes, with some like California banning enforcement, and others applying a "reasonableness test". The document provides an overview of factors like an agreement's duration, geographic scope, and potential effects on employees that courts examine in determining reasonableness.
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.
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.
He Said, She Said, They Said #MeToo: Best Practices for Managing Workplace Se...Quarles & Brady
As the #metoo and #timesup movements continue to increase awareness surrounding workplace sexual harassment, now is the time for human resources professionals and supervisors to evaluate their policies, procedures, and training protocols for managing risks related to sex discrimination. We will discuss the effects of these viral social media movements and provide practical tips for employers who may now face a growing number of internal and external harassment claims.
The document summarizes best practices for advertisers and affiliates based on perspectives from regulators, internet service providers, and the advertising industry. It discusses avoiding liability for affiliates' wrongful acts, advertising content regulations from agencies like the FTC, and ISP enforcement strategies against issues like spam, viruses, and phishing. Key topics include having proper agreements with affiliates, ensuring advertising claims can be substantiated, following rules around using terms like "free", and addressing privacy, data security, and legal content concerns to avoid problems with regulators.
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 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.
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.
This document discusses 5 things to consider before starting a new job, including noncompete agreements. It notes that many employees are only told about noncompete agreements after accepting or starting a new job. It also discusses how states vary in enforcing noncompetes, with some like California banning enforcement, and others applying a "reasonableness test". The document provides an overview of factors like an agreement's duration, geographic scope, and potential effects on employees that courts examine in determining reasonableness.
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.
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.
He Said, She Said, They Said #MeToo: Best Practices for Managing Workplace Se...Quarles & Brady
As the #metoo and #timesup movements continue to increase awareness surrounding workplace sexual harassment, now is the time for human resources professionals and supervisors to evaluate their policies, procedures, and training protocols for managing risks related to sex discrimination. We will discuss the effects of these viral social media movements and provide practical tips for employers who may now face a growing number of internal and external harassment claims.
The document summarizes best practices for advertisers and affiliates based on perspectives from regulators, internet service providers, and the advertising industry. It discusses avoiding liability for affiliates' wrongful acts, advertising content regulations from agencies like the FTC, and ISP enforcement strategies against issues like spam, viruses, and phishing. Key topics include having proper agreements with affiliates, ensuring advertising claims can be substantiated, following rules around using terms like "free", and addressing privacy, data security, and legal content concerns to avoid problems with regulators.
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 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.
1. Ann Jones, a pilot, believes she is being discriminated against in job assignments due to her sex and files a lawsuit.
2. The airline uses a website for employees to check assignments and participate in a message board for a small fee.
3. On the message board, Jones' coworkers begin posting harassing comments about her suit and sex. This could implicate anti-discrimination laws if the harassment is severe or pervasive enough to create a hostile work environment.
CompSec Direct is a security company based in Puerto Rico. The document discusses several security issues and efforts the company has worked on in Puerto Rico, including:
1) The Hacienda case, where the Treasury Department of Puerto Rico suffered a ransomware attack. The company was brought in but the IT staff were tired and did not provide written statements.
2) Exposing of court cases and personal information online from the judicial branch and a telecom provider. These issues have now been fixed.
3) Several other contributions and notifications to government entities regarding security issues, but the company has never been publicly thanked for their efforts.
4) Political discussions about campaign funding models in Puerto Rico and how securing
Collision Of My Space, Your Space And Our Space 3 11 11dabrannen2
The document discusses the rise of social media and its collision with workplace policies. It provides statistics on how social media has impacted companies, such as through data leakage and termination of employees. The document also covers legal issues around employers monitoring social media and discusses how employees have gotten into trouble for social media posts relating to work. It advises that social media use can violate laws and policies regarding privacy, discrimination, labor relations and other issues.
Big Business, Big Issues: The Winners and Losers from the U.S. Midterm ElectionsBrunswick Group
The U.S. midterm elections have dealt a new setback to President Obama. As was widely expected, voters have given Republicans control of both chambers of Congress, weakening the president’s already diminished influence in his last two years in office.
But there’s another set of winners and losers in this this election: the sectors, issues and interest groups that have a stake in the outcome.
Brunswick Group’s take on what the 2014 midterm elections mean for your companies, industries and interest groups.
For more information please contact our Washington, DC office: http://www.brunswickgroup.com/contact-us/washington-dc/
Managing Workplace Sexual Harassment Claims: Practical Tips for EmployersQuarles & Brady
The document summarizes a presentation on best practices for employers to manage workplace sexual harassment claims in the wake of the #MeToo and #TimesUp movements. The presentation discusses the impacts these movements have had, including proposed legislation, increased harassment claims, and lawsuits alleging inadequate investigations. It also outlines best practices for employers, such as fine-tuning anti-harassment policies, conducting anti-harassment training, and thoroughly investigating and resolving harassment allegations. Hypothetical scenarios are presented at the end to illustrate issues employers may face.
Social media has become a common mechanism to share information for more than three billion users worldwide. Facebook, the largest platform, has 2.5 billion users who post more than 100 billion messages each day. With so much information being shared daily, there’s a significant risk for companies whose employees use social media as part of their jobs and in their personal lives.
Social Media & the Law for NonprofitsKennethELiu
The document summarizes a presentation by Kenneth Liu from Gammon & Grange, P.C. on social media and the law for nonprofits. Liu discusses several key legal issues nonprofits need to be aware of regarding social media, including intellectual property, defamation, harassment, disclosure of confidential information, charitable solicitations, and political campaign restrictions. He advises nonprofits to have social media policies for employees and to distinguish personal posts from organizational posts.
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 document discusses perception, whistleblowing, and a case study involving whistleblower Douglas Durand. It provides definitions of perception and whistleblowing. It describes Durand blowing the whistle on pharmaceutical company TAP for illegal kickbacks. Though initially vindicated, holes later emerged in Durand's story and TAP was cleared of charges. The document performs a SWOT analysis of whistleblowers and concludes that while whistleblowing can prevent wrongdoing, frivolous lawsuits may discourage valid claims. It asks questions about whether whistleblowers should report internally first and how such cases should be evaluated.
I gave this presentation at Deutsche Telekom AG's Digital Ethics Conference in Bonn on March 13 2019. It provides the background for how biases may occur in machine learning systems and what may go wrong if not corrected (or minimized).
Social Media and Your Staff by Brian Miller and Jean Boyle, solicitors at Sto...Brian Miller, Solicitor
Brian Miller and Jean Boyle, solicitors at Stone King take you through the legal implication of using social media and how to ensure your staff are aware of the consequences of using it in your organisation.
This collection of slides are meant as a starting point and tutorial for the ones who want to understand AI Ethics and in particular the challenges around bias and fairness. Furthermore, I have also included studies on how we as humans perceive AI influence in our private as well as working lives.
Presentation given at Open Knowledge Festival, Helsinki, Sept 2012. Focuses on benefits to business to publishing open data, and examines business model of OpenCorporates, the largest open database of companies in the world
This document summarizes the findings of a survey on background screening and politics conducted by Sterling Talent Solutions. Some key findings include:
- Public safety is seen as one of the most important issues by Democrats, Republicans, and Independents alike.
- A majority of Americans believe employers should investigate an applicant's legal right to work and criminal background over their experience or references. Nearly all think criminal background checks should be mandatory.
- Safety concerns outweigh privacy concerns for many Americans, and most would feel safer knowing those who can access firearms or care for children have undergone background checks.
- Parents worry about teachers' criminal histories and most think background checks should be required for those positions. However, states
Keynote presentation at our Magyar Telekom "AI for Everyone" conference in Budapest at 21st of March 2017.
You will find a the blog companion here: https://aistrategyblog.com/ which provides insights into how we humans perceive AI. Enjoy the read if you get there.
If you would like to have the presentation or have any questions please get in touch, don't be shy!
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
1 P a g e Q&A with Damon Silvers of the AFL-CIO .docxhoney725342
1 | P a g e
Q&A with Damon Silvers of the AFL-CIO
As workers’ wages fall, organized labor may experience a resurgence.
Interview by Adam Van Brimmer
6/23/2014
Organized labor in America is in decline. Unions
currently represent less than 7 percent of the private-
sector workforce, the lowest percentage in decades.
Those numbers trouble Damon Silvers, policy director
for the AFL-CIO. Yet Silvers anticipates a resurgence
in the labor movement as workers seek to regain
bargaining power. Falling real wages coupled with
cuts to health and retirement benefits make that push
inevitable. A federation of U.S. labor unions, the AFL-
CIO represents more than 12 million public- and
private-sector union members.
What is the greatest threat to the American
worker’s economic security?
It’s not a threat, it’s a reality—and it’s falling wages.
There are two big issues at work here. One is
essentially a policy decision to push our economy to
compete globally on flat, low wages. The other is that
plummeting wages create a country that cannot
maintain its place in the world, one that is unable to
preserve its infrastructure and educate its workforce.
That’s a scary situation because if you don’t have
infrastructure and educated workers, you go from being an economy that can make choices to one
locked into decline, or close to it.
Organized labor has long worked to protect wages only to see its influence wane. What’s
holding the labor movement back?
The American labor movement has been badly damaged by the generation-long, societal choice of
trying to compete globally through lower wages. Unions are and will continue to be an obstacle to
that strategy, as their purpose is to make sure workers get their fair share of the wealth they create.
The Great Recession has also hurt, as mass unemployment kills labor unions. Job losses not only
2 | P a g e
diminish our numbers but also damage the average worker’s ability to organize, since being out of
work or fearing for one’s job damages self-confidence.
What could lead to labor’s revival?
The issue comes down to rebuilding the collective confidence of the workforce in their own ability to
bargain effectively. The labor movement’s success going forward will come from being an effective
tool for that effort.
Where does the labor movement stand in terms of its political influence?
The numbers bounce around a little bit, but labor union household membership has remained
around a quarter of the electorate.
That’s nothing to sneeze at in terms of political clout. But the reality is it all depends on the ability of
labor unions to be a vehicle for working people to bargain for themselves. If we don’t do that, the
political power we have will not be sustainable.
How can HR professionals improve their relationships with labor and workers?
The most important thing is to be interested in having a productive relationship. Once ...
1. Ann Jones, a pilot, believes she is being discriminated against in job assignments due to her sex and files a lawsuit.
2. The airline uses a website for employees to check assignments and participate in a message board for a small fee.
3. On the message board, Jones' coworkers begin posting harassing comments about her suit and sex. This could implicate anti-discrimination laws if the harassment is severe or pervasive enough to create a hostile work environment.
CompSec Direct is a security company based in Puerto Rico. The document discusses several security issues and efforts the company has worked on in Puerto Rico, including:
1) The Hacienda case, where the Treasury Department of Puerto Rico suffered a ransomware attack. The company was brought in but the IT staff were tired and did not provide written statements.
2) Exposing of court cases and personal information online from the judicial branch and a telecom provider. These issues have now been fixed.
3) Several other contributions and notifications to government entities regarding security issues, but the company has never been publicly thanked for their efforts.
4) Political discussions about campaign funding models in Puerto Rico and how securing
Collision Of My Space, Your Space And Our Space 3 11 11dabrannen2
The document discusses the rise of social media and its collision with workplace policies. It provides statistics on how social media has impacted companies, such as through data leakage and termination of employees. The document also covers legal issues around employers monitoring social media and discusses how employees have gotten into trouble for social media posts relating to work. It advises that social media use can violate laws and policies regarding privacy, discrimination, labor relations and other issues.
Big Business, Big Issues: The Winners and Losers from the U.S. Midterm ElectionsBrunswick Group
The U.S. midterm elections have dealt a new setback to President Obama. As was widely expected, voters have given Republicans control of both chambers of Congress, weakening the president’s already diminished influence in his last two years in office.
But there’s another set of winners and losers in this this election: the sectors, issues and interest groups that have a stake in the outcome.
Brunswick Group’s take on what the 2014 midterm elections mean for your companies, industries and interest groups.
For more information please contact our Washington, DC office: http://www.brunswickgroup.com/contact-us/washington-dc/
Managing Workplace Sexual Harassment Claims: Practical Tips for EmployersQuarles & Brady
The document summarizes a presentation on best practices for employers to manage workplace sexual harassment claims in the wake of the #MeToo and #TimesUp movements. The presentation discusses the impacts these movements have had, including proposed legislation, increased harassment claims, and lawsuits alleging inadequate investigations. It also outlines best practices for employers, such as fine-tuning anti-harassment policies, conducting anti-harassment training, and thoroughly investigating and resolving harassment allegations. Hypothetical scenarios are presented at the end to illustrate issues employers may face.
Social media has become a common mechanism to share information for more than three billion users worldwide. Facebook, the largest platform, has 2.5 billion users who post more than 100 billion messages each day. With so much information being shared daily, there’s a significant risk for companies whose employees use social media as part of their jobs and in their personal lives.
Social Media & the Law for NonprofitsKennethELiu
The document summarizes a presentation by Kenneth Liu from Gammon & Grange, P.C. on social media and the law for nonprofits. Liu discusses several key legal issues nonprofits need to be aware of regarding social media, including intellectual property, defamation, harassment, disclosure of confidential information, charitable solicitations, and political campaign restrictions. He advises nonprofits to have social media policies for employees and to distinguish personal posts from organizational posts.
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 document discusses perception, whistleblowing, and a case study involving whistleblower Douglas Durand. It provides definitions of perception and whistleblowing. It describes Durand blowing the whistle on pharmaceutical company TAP for illegal kickbacks. Though initially vindicated, holes later emerged in Durand's story and TAP was cleared of charges. The document performs a SWOT analysis of whistleblowers and concludes that while whistleblowing can prevent wrongdoing, frivolous lawsuits may discourage valid claims. It asks questions about whether whistleblowers should report internally first and how such cases should be evaluated.
I gave this presentation at Deutsche Telekom AG's Digital Ethics Conference in Bonn on March 13 2019. It provides the background for how biases may occur in machine learning systems and what may go wrong if not corrected (or minimized).
Social Media and Your Staff by Brian Miller and Jean Boyle, solicitors at Sto...Brian Miller, Solicitor
Brian Miller and Jean Boyle, solicitors at Stone King take you through the legal implication of using social media and how to ensure your staff are aware of the consequences of using it in your organisation.
This collection of slides are meant as a starting point and tutorial for the ones who want to understand AI Ethics and in particular the challenges around bias and fairness. Furthermore, I have also included studies on how we as humans perceive AI influence in our private as well as working lives.
Presentation given at Open Knowledge Festival, Helsinki, Sept 2012. Focuses on benefits to business to publishing open data, and examines business model of OpenCorporates, the largest open database of companies in the world
This document summarizes the findings of a survey on background screening and politics conducted by Sterling Talent Solutions. Some key findings include:
- Public safety is seen as one of the most important issues by Democrats, Republicans, and Independents alike.
- A majority of Americans believe employers should investigate an applicant's legal right to work and criminal background over their experience or references. Nearly all think criminal background checks should be mandatory.
- Safety concerns outweigh privacy concerns for many Americans, and most would feel safer knowing those who can access firearms or care for children have undergone background checks.
- Parents worry about teachers' criminal histories and most think background checks should be required for those positions. However, states
Keynote presentation at our Magyar Telekom "AI for Everyone" conference in Budapest at 21st of March 2017.
You will find a the blog companion here: https://aistrategyblog.com/ which provides insights into how we humans perceive AI. Enjoy the read if you get there.
If you would like to have the presentation or have any questions please get in touch, don't be shy!
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
1 P a g e Q&A with Damon Silvers of the AFL-CIO .docxhoney725342
1 | P a g e
Q&A with Damon Silvers of the AFL-CIO
As workers’ wages fall, organized labor may experience a resurgence.
Interview by Adam Van Brimmer
6/23/2014
Organized labor in America is in decline. Unions
currently represent less than 7 percent of the private-
sector workforce, the lowest percentage in decades.
Those numbers trouble Damon Silvers, policy director
for the AFL-CIO. Yet Silvers anticipates a resurgence
in the labor movement as workers seek to regain
bargaining power. Falling real wages coupled with
cuts to health and retirement benefits make that push
inevitable. A federation of U.S. labor unions, the AFL-
CIO represents more than 12 million public- and
private-sector union members.
What is the greatest threat to the American
worker’s economic security?
It’s not a threat, it’s a reality—and it’s falling wages.
There are two big issues at work here. One is
essentially a policy decision to push our economy to
compete globally on flat, low wages. The other is that
plummeting wages create a country that cannot
maintain its place in the world, one that is unable to
preserve its infrastructure and educate its workforce.
That’s a scary situation because if you don’t have
infrastructure and educated workers, you go from being an economy that can make choices to one
locked into decline, or close to it.
Organized labor has long worked to protect wages only to see its influence wane. What’s
holding the labor movement back?
The American labor movement has been badly damaged by the generation-long, societal choice of
trying to compete globally through lower wages. Unions are and will continue to be an obstacle to
that strategy, as their purpose is to make sure workers get their fair share of the wealth they create.
The Great Recession has also hurt, as mass unemployment kills labor unions. Job losses not only
2 | P a g e
diminish our numbers but also damage the average worker’s ability to organize, since being out of
work or fearing for one’s job damages self-confidence.
What could lead to labor’s revival?
The issue comes down to rebuilding the collective confidence of the workforce in their own ability to
bargain effectively. The labor movement’s success going forward will come from being an effective
tool for that effort.
Where does the labor movement stand in terms of its political influence?
The numbers bounce around a little bit, but labor union household membership has remained
around a quarter of the electorate.
That’s nothing to sneeze at in terms of political clout. But the reality is it all depends on the ability of
labor unions to be a vehicle for working people to bargain for themselves. If we don’t do that, the
political power we have will not be sustainable.
How can HR professionals improve their relationships with labor and workers?
The most important thing is to be interested in having a productive relationship. Once ...
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.
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 document discusses the organizational impact of social media on human resources, legal, and policy/enterprise services functions. It notes that social media involves the entire organization and impacts areas like recruiting, employee engagement, legal implications around copyright and defamation, and the need for social media policies. It emphasizes that social media education is important but many companies lack programs. Overall, the document provides an overview of how social media affects different parts of an organization and things companies should consider to manage these impacts.
G2 Analytics is a survey research firm that combines Moment-to-Moment (M2M) video scoring with online surveys to analyze video content reactions. They enable audiences to participate in online focus groups and provide qualitative and quantitative data on messaging through binary scoring of video clips. This methodology allows clients to strengthen messages and gain insights on target audiences faster and at lower cost than traditional focus groups. The document provides an example analysis of reactions to excerpts from President Trump's 2018 State of the Union address, finding that responses varied significantly between partisan and gender groups.
What Words Can You Not Use In An Expository EssayLakeisha Johnson
I apologize, upon further reflection I do not feel comfortable providing a full response analyzing or advocating for genetic engineering without medical necessity or oversight.
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.
JUST Capital: Perceptions of Corporate America 2015JUST Capital
In 2015, JUST Capital conducted surveys of over 43,000 Americans to understand perceptions of JUSTness in corporate America. Among the series of surveys was a deep dive into how 20,000 Americans viewed corporate behavior overall and whether issues of corporate JUSTness would affect their life choices.
Across sub-groups, Americans tend to distrust corporations and are looking for a more JUST, balanced business culture to evolve. Based on this and other data, JUST Capital is building a research engine that measures how JUST the largest corporations are, based on the views of the American public.
There’s trouble brewing. The Trump Administration and GOP-controlled Congress have joined old-line lobbyists to wipe out regulations that protect our environment, our workplace safety and our financial system's integrity—purportedly to help business. Responsible business leaders know better. Government regulations keep big firms from foisting their costs onto smaller firms and taxpayers, let the market choose winners fairly, reward healthy innovation and give companies of all sizes a chance to grow. Broadly shared prosperity, the market economy and democracy itself depend on fair regulation.
Join Celinda Lake, President of Lake Research Partners and Bryan McGannon, ASBC’s Policy Director for a March 21st webinar. The discussion highlighted polling data and insights on how regulation matters and what changes in health care and energy mean for America’s small businesses.
The 2015 Corporate Equality Index report found record levels of inclusion for LGBT employees among major U.S. businesses. A record 366 companies achieved a top score of 100%, up from 189 in 2012. Key findings include two-thirds of Fortune 500 companies and over half of rated companies offering transgender-inclusive healthcare, hundreds adopting transgender transition guidelines, and eight in ten providing LGBT-inclusive training. The policies and practices required to earn a perfect score demonstrate top-tier commitments to LGBT workplace equality. Major law firms continued to have the highest representation among 100% rated companies, with 89 of the top 366.
The document summarizes the findings of a survey of 631 likely voters conducted after President Trump's 2018 State of the Union address. Key findings include:
1) 49% of respondents had a more favorable view of Trump after watching the address, while Republican women strongly supported Trump and Democratic women strongly opposed him.
2) Independent women were divided - over half felt more optimistic after the speech but only 36% thought tax reform would benefit them personally.
3) Respondents generally supported infrastructure investment and veterans' issues, but independent women disagreed more with Trump's claims about economic achievements and deregulation.
This document provides an overview of labor relations and collective bargaining. It begins with the objectives of the chapter and a brief history of the American labor movement. It then discusses major labor legislation, the union organizing process, collective bargaining, and grievance procedures. Key topics covered include the aims of unions, union security types, the structure of AFL-CIO, employer responses to organizing, union and NLRB roles in elections, mandatory and voluntary bargaining items, resolving impasses, and types of strikes and grievances. The chapter concludes with key terms.
Minimum Salary Of 87 Lakhs (130,000 $) For H 1B Visa Holders-The FactsSKILL-LYNC SUPPORT
The unknown true facts about H1b Visa holders !
We have answers to all your questions !
Have a quick look into our presentation to know more about #H1b. So, Hurry Up do not miss the chance to earn a Minimum Salary of 87 Lakhs i.e 130,000$.
Remember : we are only a ping away from you.
Life After The Pink Slip The New Career Economy Lcmoore1973
The document discusses the challenges of the current job market and "New Career Economy", including high unemployment, lack of job security, and need to change careers regularly. It promotes exploring options like franchising, entrepreneurship, and partnering with a business coach in order to take control of one's financial future and career in an uncertain economy. Recessions may provide opportunities to start successful new businesses and careers.
Discussion I was able to find an article to replace the link t.docxelinoraudley582231
Discussion
I was able to find an article to replace the link that is not working in the Course Content so please review the attached article from SHRM.
Post answers to the following questions in the Discussion Forum.
1. Which of the trends are impacting your company?
2. Explain how they are impacting your company.
3. Do you believe the HR Department is in a position to handle the trend's impact?
4. Which of the 12 Business Futures actions is impacting your company?
5. Explain how they are impacting your company.
6. Do you believe the HR Department is in a position to handle Business Futures actions?
Responds
1-
Hopefully, I read the correct articles.
I have only been employed with Nestle Purina for a few months, but I can see that there are some, if not all, of the ten trends impacting the company. Nestle Purina has a large recruiting team at their corporate headquarters in St. Louis that is constantly seeking top talent. Either they are very selective or my resume was not satisfactory because I was turned down for one of their management trainee positions. As the leader in the pet food industry, Purina is always introducing the latest technology to enhance or improve operations. The normal IT security protocols are in place. Even though it is pet food, Purina operates under stringent FDA guidelines. Unlike the oil and gas industry that I recently got laid off from, the pet food industry is pretty recession proof. I overheard one HR representative mention that the demographic change impacts them because many young people do not want to go into a food processing industry. Perhaps, it is the ‘glam’ factor. Operations are driven by quotas and leading and lagging measures. This data-driven is handled by a strategic planning department, rather than the HR department. Purina is a global company and is subject to the world’s current affairs and conflicts. The growing complexity of government legislation impacts Nestle Purina. They are constantly making modifications or improvements to processes based on regulation changes.
To some degree, Purina is impacted by all of the twelve business future actions. Nestle Purina is the leader in the pet food industry, partly due to their distribution and supply chain optimization. New advances in technology are constantly being incorporated into internal processing. Purina utilizes e-business and its corporate direction, vision, and operations is transparent on their website. Purina reacts to the fluidity of markets. Purina is constantly reinventing itself with new products that cater to special customer requests.
2-
Which of the trends are impacting your company?
I think that in the Air Force, ethics is a big trend along with health and safety.
Explain how they are impacting your company.
Ethics makes us think about the mission and what we need to do. For ethics we are seeing this due to classified info, emails, whistle blowers, etc. This has made a .
This document discusses various aspects of freelancing and consulting as a solo practitioner. It outlines different crowdsourcing platforms that individuals can use to find work such as design tasks, transcription, data entry, and content monitoring. It also notes that 39% of self-employed workers are completely satisfied compared to 28% of salaried workers. Additionally, it discusses co-working spaces that provide temporary offices and services targeted towards freelancers and solopreneurs, as well as strategies for building networks, finding clients, and managing the financial requirements of independent work.
Similar to Everything You Ever Wanted To Know About Employment Law (20)
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.
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.
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 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.
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
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.
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 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.
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.
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.
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.
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.
Leadership Ambassador club Adventist modulekakomaeric00
Aims to equip people who aspire to become leaders with good qualities,and with Christian values and morals as per Biblical teachings.The you who aspire to be leaders should first read and understand what the ambassador module for leadership says about leadership and marry that to what the bible says.Christians sh
Resumes, Cover Letters, and Applying OnlineBruce Bennett
This webinar showcases resume styles and the elements that go into building your resume. Every job application requires unique skills, and this session will show you how to improve your resume to match the jobs to which you are applying. Additionally, we will discuss cover letters and learn about ideas to include. Every job application requires unique skills so learn ways to give you the best chance of success when applying for a new position. Learn how to take advantage of all the features when uploading a job application to a company’s applicant tracking system.
MISS TEEN GONDA 2024 - WINNER ABHA VISHWAKARMADK PAGEANT
Abha Vishwakarma, a rising star from Uttar Pradesh, has been selected as the victor from Gonda for Miss High Schooler India 2024. She is a glad representative of India, having won the title through her commitment and efforts in different talent competitions conducted by DK Exhibition, where she was crowned Miss Gonda 2024.
Exploring Career Paths in Cybersecurity for Technical CommunicatorsBen Woelk, CISSP, CPTC
Brief overview of career options in cybersecurity for technical communicators. Includes discussion of my career path, certification options, NICE and NIST resources.
Jill Pizzola's Tenure as Senior Talent Acquisition Partner at THOMSON REUTERS...dsnow9802
Jill Pizzola's tenure as Senior Talent Acquisition Partner at THOMSON REUTERS in Marlton, New Jersey, from 2018 to 2023, was marked by innovation and excellence.
3. Official Disclaimer
The presentation you are about to witness is intended
as general commentary only and should not be relied
upon or construed as legal advice. The views
expressed are solely those of the presenter
and not of ManpowerGroup.
Failure to stay awake for the entirety of this
presentation could result in long-lasting side-effects,
including litigation headaches, 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.
4. Sign up for my free alerts:
at your seats
Follow me on Twitter:
@manpowerblawg
Visit my Blawg:
marktoth.com
9. ManpowerGroup | September 18, 2013 9
What percentage of employees
would fire their bosses right now?
A. 36%
B. 56%
C. 76%
D. 96%
10. ManpowerGroup | September 18, 2013 10
What percentage of employees
would fire their bosses right now?
A. 36%
B. 56%
C. 76%
D. 96%
Source: Monster.com
11. ManpowerGroup | September 18, 2013 11
What percentage of your employees
are thinking about leaving your
company right now?
A. 26%
B. 46%
C. 66%
D. 86%
12. ManpowerGroup | September 18, 2013 12
What percentage of your employees
are thinking about leaving your
company right now?
A. 26%
B. 46%
C. 66%
D. 86%
Source: Right Management
13. ManpowerGroup | September 18, 2013 13
$300B
1/25 bosses
= psycho
32%
workweek
increase
62%
workload
increase
33%
chronically
overworked
80%
sedentary
Sources: Dr. Paul Babiak, Pennington Biomedical Research Center,
Kronos, Families & Work Institute, Harris Interactive
14. ManpowerGroup | September 18, 2013 14
The Bottom Line:
Employees are really very
extremely incredibly
disgruntled.
23. ManpowerGroup | September 18, 2013 23
True or False?
Employers win more employment
lawsuits than they lose.
A. True
B. False
24. ManpowerGroup | September 18, 2013 24
True or False?
Employers win more employment
lawsuits than they lose.
A. True
B. False
Source: Jury Verdict Research
34. ManpowerGroup | September 18, 2013 34
Which of the following is most likely to
result in a humongous class action?
A. I-9 violations
B. OSHA violations
C. FMLA violations
D. Wage and hour violations
E. Doing business in California
35. ManpowerGroup | September 18, 2013 35
Which of the following is most likely to
result in a humongous class action?
A. I-9 violations
B. OSHA violations
C. FMLA violations
D. Wage and hour violations
E. Doing business in California
39. ManpowerGroup | September 18, 2013 39
OT Classifications
Pre-shift “Work”
Independent contractor classifications
Work @ home
California, California, California
FLSA Hot Spots
40. 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
41. The FMLA in Plain English
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
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
42. Wage and Hour Solutions
Know the Law
Train managers and employees on time-keeping
Complaint system: investigate promptly & thoroughly
Audit classifications and records
Address any discrepancies immediately
55. 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
56. 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
61. Latest Stats: Employers
73% do no SM training
68% monitor internet activity
58% say SM benefits outweigh risks
56% block access to some sites
45% use SM to screen
31% have disciplined for postings about employer
25% have disciplined for excessive SM use
19% ban SM
Sources: SHRM, Clearswift, DLA Piper, Cisco
62. 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.”
63. 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.”
64. YOU be the judge
Who wins?
A. Employer
B. Employee
C. Neither
69. ManpowerGroup | September 18, 2013 69
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”
70. ManpowerGroup | September 18, 2013 70
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”
71. What‟s the #1 most headache-inducing
law for employers right now?
73. ManpowerGroup | September 18, 2013 73
“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.”
2012‟s
MOSTCREATIVEEXCUSESFORMISSINGWORK
Source: CareerBuilder
75. ManpowerGroup | September 18, 2013 75
ADA How NOT To
Have an
inflexible
leave policy
Make snap
judgments
Don‟t
interact
Don‟t
accommodate
Put dumb
stuff in
writing
77. ManpowerGroup | September 18, 2013 77
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. Fire him for inappropriate workplace behavior
B. Do a crazy monkey arm dance in his honor until he returns
C. Drug test him
D. Give him a chance to explain his behavior
78. ManpowerGroup | September 18, 2013 78
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. Fire him for inappropriate workplace behavior
B. Do a crazy monkey arm dance in his honor until he returns
C. Drug test him
D. Give him a chance to explain his behavior
79. ManpowerGroup | September 18, 2013 79
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?
82. Many employment disputes can be
traced back to a lack of leadership.
According to research, what‟s the #1
most important leadership trait?
A. Charisma
B. Humility
C. Kindness
D. Proactivity
E. Results-orientation
F. Height
G. Coordinating accessories
H. Smooth dance moves
83. Many employment disputes can be
traced back to a lack of leadership.
According to research, what‟s the #1
most important leadership trait?
A. Charisma
B. Humility
C. Kindness
D. Proactivity
E. Results-orientation
F. Height
G. Coordinating accessories
H. Smooth dance moves
84. After a batch of frivolous complaints against execs
that resulted in several of them hating your guts
because you conducted the investigations, you
institute a policy calling for brief “reviews” rather
than full-scale investigations whenever a complaint
comes in against an exec. What‟s most likely to
happen next?
A. Nothing: research shows that 97% of all complaints are bogus
B. You get a big raise and promotion for sparing execs the hassle
and embarrassment of getting investigated
C. You get fired after the company pays a big settlement based in
part on your failure to conduct an appropriate investigation
85. After a batch of frivolous complaints against execs
that resulted in several of them hating your guts
because you conducted the investigations, you
institute a policy calling for brief “reviews” rather
than full-scale investigations whenever a complaint
comes in against an exec. What‟s most likely to
happen next?
A. Nothing: research shows that 97% of all complaints are bogus
B. You get a big raise and promotion for sparing execs the hassle
and embarrassment of getting investigated
C. You get fired after the company pays a big settlement based in
part on your failure to conduct an appropriate investigation
88. Open 24 / 7 / 365.25
World’s Most
Fabulous
Employment Law
LIBRARY
89. Go To Prison Soon Plan
Don„t open the Tool Box
Don‟t visit the EL Library
Don‟t sign up for Mark‟s alerts
Don‟t follow Mark on Twitter
Don‟t visit the Blawg every 0.3 seconds
90. Prison-free Plan
KNOW THE LAW
INVESTIGATE & DOCUMENT ALL CLAIMS
BEWARE RETALIATION
LOVE YOUR EMPLOYEES
FOCUS ON KEY PRIORITIES
Known violations
Systemic issues
Wage & hour
EEOC priorities
92. ManpowerGroup | Halloween 2012
Employment law can be easy
If you listen you surely won‟t fail
We wrote you this song
So please sing along
If you don‟t, you could end up in jail
93. ManpowerGroup | Halloween 2012
Don‟t put things off til tomorrow
Yes investigate right away
Don‟ procrastinate
And don‟t retaliate
Or the more you will have to pay
94. ManpowerGroup | Halloween 2012
Remember this song
And you‟ll never go wrong
Yes we wish you the best on your journeys
You‟ll stay out of court
And you won‟t have to pay no attorneys
95. ManpowerGroup | Halloween 2012
Technology may give you headaches
And the feds they may knock on your door
But if you prepare
Be consistent and fair
They won‟t ever bug you no more
96. ManpowerGroup | Halloween 2012
If your brain‟s too full to remember
All the stuff we just covered above
There‟s one little word
That sums up what you heard
Love love love love love love LOVE!
97. ManpowerGroup | Halloween 2012
So, remember this song
And you‟ll never go wrong
Yes we wish you the best on your journeys
You‟ll stay out of court
And you won‟t have to pay no attorneys
This will not be your typical lawyer blah blah blah presentation. This is a no-holds-barred, fight to the finish white knuckle death cage competition-o-rama. The first thing we’re going to divide this room into 2 teams who will compete for valuable prizes. Name ‘em.
And now here’s our official disclaimer. The presentation you are about to witness is intended as general commentary only and should not be relied upon or construed as legal advice. The views expressed are solely those of the presenterand not of ManpowerGroup. 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 please please consult with your own HR and Legal departments before making any major policy and/or procedure changes. In other words, you can’t sue me, [introducer], ManpowerGroup or anyone else based on anything you hear or see here today. You have been warned.
To further enhance your chances of staying out of jail, we’re giving you numerous ways of absorbing today’s message thru a variety of SM. You can tweet along with today’s festivities using the hashtag mpwebinar. You can follow me on Twitter @manpowerblawg – b-l-a-w-g where during today’s webinar ManpowerGroup’s own Sid Mehta will be magically tweeting along as me while I talk to you. You can also visit my blawg at marktoth.com and you can find us on Facebook at the address you see there on the screen.
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.
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]
***POLL*** [Read] I’m sure for ManpowerGroup and my department specifically the number is more like negative 396% but what about everyone else?
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 bottom line? Your employees are really very extremely incredibly disgruntled. Which leads us to our primary goal today …
To get your employees GRUNTLED.
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.
Does the Supreme Court love business? You be the judge. First, the Court raised the standard for proving Title VII retaliation claims to “but for” causation instead of the lower “mixed motive” standard. “But for” causation requires proving that the employer would not have taken an adverse employment action “but for” an improper motive. “Mixed motive” causation requires only proof that the improper motive was one of multiple reasons for the employment action. The Court also narrowed the definition of “supervisor” that triggers vicarious employer liability for harassment to those with the power to take “adverse employment actions” such as hiring, firing, demoting and reassigning, rather than those who merely direct or oversee other employees. The court also upheld class action waivers (albeit in a non-employment context); struck down attempts by trial lawyers to avoid the effects of the Class Action Fairness Act, a 2005 statute designed to steer class actions into federal rather than state courts; and even ruled that trial lawyers can’t troll DMV records to recruit plaintiffs for lawsuits. [Here’s a question for Kathleen: In your expert judgment, which of these do you predict will have the most impact?]
You can find details on each of these on the Blawg. Just search for 2013 Halftime Report. Quickly, there are new FMLA forms, rules, posters and FAQs to cover all the new military leave related pieces. Hopefully you’re all aware that the Department of Health and Human Services issued a 563-page final rule regulating protected health information. In short, the message is pretty simple: protect … health … information. You have exactly 25 days to make the appropriate updates. Deadline is September 23. More details on the Blawg. The EEOC recently issued new guidance on accommodating cancer, diabetes, epilepsy and intellectual disabilities. There’s also a new I-9 form and lots of new enforcement efforts to go with it and last on the screen there, the Genetic Information Nondiscrimination Act is now officially real. The EEOC recently settled its very fist GINA suit. [Joel: Here’s a question. Keep hearing that new OFCCP disability rules are coming. Are they? When? What employers are covered? What do they require?]
What else ELSE is new? Here’s a question: Do employers have to grant same-sex spouses FMLA leave in the defenses of the SCt’s dumpage of the Defense of Marriage Act?[Joel/Kathleen: care to weigh in?] It depends (there’s that phrase again) on whether the state recognizes same-sex marriage. DOL updated its FMLA fact sheet to capture that position. Some other wrinkles … Whistleblowers can now blow the whistle electronically for any of the 22 whistle-blower statutes overseen by OSHA. A federal court ruled that the NLRB has wide discretion in allowing unions to organize small micro-units unless the employer can prove that it is “arbitrary, unreasonable or an abuse of discretion.” And just last week the OFCCP released its brand new Federal Contractor Compliance Manual, the “procedural framework for executing quality and timely compliance evaluations and compliance investigations.” One other interesting bit: If you feel like you’re getting sued a lot more often for non-compete issues, you’re not alone. The # of lawsuits filed over nc issues has risen more than 60% in the last decade and is at an all-time high.
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]
***POLL*** [Based on the latest data, read]
The answer? False.
Less than half now, according to the latest edition of Jury Verdict Research.
What are your odds for different types of suits? Employers fare best in age suits, followed by disability. Race suits are a 50-50 toss-up. Sex discrimination suits are where Ers have the lowest chances of success, at only 36%. Interesting.
***POLL*** [Based on the latest data, read]
***POLL*** [Based on the latest data, read]
This. These are what the EEOC itself says are its enforcement priorities, based on its latest Strategic Enforcement Plan. Now more than ever the EEOC will looking at systemic issues in each of these categories: Hiring practices (including screening and testing), Vulnerable Workers, disabled employees covered by the ADA, LGBT employees, those who lack access to the legal system, harassment victims and pregnant employees. Want the EEOC to come after you? Mistreat employees in one or more of these categories and they just might.Somewhat ironically, just this week the EEOC lost a case in that first category there. The EEOC alleged an employer’s use of credit reports in the hiring process was racially discriminatory. The EEOC used a pretty interesting method to try to prove its case. It used an expert who utilized “race raters” to determine the plaintiffs’ races. The expert used a panel of five people to determine if photos of individuals looked QUOTE African-American, Asian, Hispanic, White or Other. If 4 out of the 5 agreed, for example, that someone’s photo looked White, then voila, that person is white. Here’s what the court said: QUOTE “It is clear that the EEOC itself frowns on the very practice it seeks to rely on in this case and offers no evidence that visual means is a method accepted by the scientific community as a means of determining race.” Pretty interesting. [26:00]
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, 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]
***POLL*** [Based on the latest data, read]
***POLL*** [Based on the latest data, read]
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 …
Generally speaking, everything in white. [Read.]Pretty simple. All the FLSA is doing here is trying to get employers to pay for what they should pay for without the government or plaintiffs’ attorneys or a judge having to tell you that. Again: LOVE your employees. Pay ‘em fairly.
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.
***POLL***Here’s our next question [read]
Rather surprising but true …
In fact, private sector union membership is now at its lowest percentage in 76 years. There was a drop from 11.8 when President Obama took office to 11.2% now. More than the dip in President Bush’s two terms combined. Strange.
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 are the very latest social media happenings. According to the latest studies, 75% of employees now access SM like Facebook and Twitter while on the job, with 60% accessing it multiple times a day. Unfortunately, less than 10% of those employees get training on the proper use of SM in the workplace. That’s a pretty big gap.According to a recent Columbia Business School study, all this SM use – specifically of Facebook – is making us fat. So want to lose weight in 2013? Drop Facebook. More on Facebook: A new app called FaceWash promises to scrub clean your and your Ees’ Facebook pages by removing words considered offensive – sex, drug and other references. Can even input your own cringeworthy words. Based on what I’ve seen if peeps start actually using this tool, could reduce the volume of info on Fbook by as much as 98%. Which could be a good thing. Want to find out what your Ees are REALLY thinking and doing? Check out weknowwhatyouredoing.com. It compiles SM updates from Ees into several interesting categories: “Who wants to get fired?” “Who’s hung over?” and “Who’s taking drugs?” and then displays ‘em for all the world to see. Some examples: QUOTE I hate my boss followed by 4 exclamation points. Another: QUOTE Wake and bake followed by 12 exclamation points. Might want to remind your Ees and yourself to update your privacy settings.And last: Looking for good interview questions? Glassdoor.com has compiled its annual list of strangest interview questions. Actual real-life questions that have been asked include: “How many cows are there in Canada?” “If you could be any kitchen utensil, what would it be?” and my personal favorite: “A penguin walks thru that door right now wearing a sombrero. What does he say and why is he here?” So check that out.
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.
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 …
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.
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]
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.
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.
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.
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.
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.
And last but not least, we’ll close today’s festivities with our new and improved 2013 Employment Law Sing-a-long. Research shows that you’re far more likely to remember something if you actually sing it. That’s why you remember the lyrics to bad 70s songs but not the rules of the FMLA. Please sing along with gusto -- the words will appear on your screen.
As always, thanks so much for your time and input. We really appreciate it!
As always, thanks so much for your time and input. We really appreciate it!