Can you afford an employment lawsuit? How about a fine for wage and hour violations? $376 Million and More Reasons to Love HotlinkHR 03.11.10

1. Can you afford an employment lawsuit?
How about a fine for wage and hour violations?
$376 Million and More Reasons to Love HotlinkHR

2. KPA – COMPANY PROFILE
• Nationwide
compliance expert on
Safety, Environmental,
HR
• Colorado
Headquarters
• 23 Years Experience
• 3000 + Clients
– Dealerships, Service,
Repair
• 20 Offices Serving 41
States
• Compliance products
and services
– OSHA
– DOT
– EPA
– Workers’ Comp
– Background checking
– Onboarding
– Harassment
– Red Flags
– Onsite inspections
– Online and onsite
training and tracking
– And many more…

3. Presenter
Jim Hendricks
Partner with Ford & Harrison
jhendricks@fordharrison.com

4. Questions
• If you have questions
during the presentation,
please submit them using
the “Questions” feature
• Questions will be
answered at the end of the
webinar

5. E.E.O.C.
• Handles charges of workplace
discrimination
• 93,277 charges field in fiscal 2009

6. Types of Charges:
• Disability: 21,451
• Religion: 3,386
• Retaliation: 33,613
• Age: 22,778
• Race: 33,579
• Sex: 28,028

7. Reasons to Love HotlinkHR:
• $376 million
Recovered by EEOC in 2009
BUT
• Does not reflect private litigation!

8. What’s Up?
• EEOC 2010 budget increased by
$23 million.

9. Handbooks – Important?
• 10/20/09 10th
Circuit Court of Appeals in
Compton v. Rent-a-Center

10. $1.5 Million More Reasons
to Love Hotlink HR
• EEOC and Colorado auto dealer settled
case alleging dealership subjected
female employees to sex discrimination
and sexual harassment and fired older
male employees because of their age.
(EEOC v. Arapahoe Motors, Inc. d/b/a
Ralph Schomp Auto. 1/6/10)
• Company defense: Female owner,
couldn’t discriminate against females.
EEOC didn’t buy it.
• Remedy other than $$: provide training

11. Dealer Pays $85,000 to Settle EEOC
Suite for Racial Discrimination and
Retaliation
• Racial epithets – using the N-word and making
sales teams based on race.
• Retaliation for complaining about unlawful
discrimination.
• Settlement:
– $$
– Revise policy on non-discrimination and non-
harassment
– Yearly anti-discrimination training
More Reasons:

12. Dealer Pays $500,000 to Settle
EEOC Harassment Suit
• Need I say more?
More Reasons:

13. Mathis v. Phillips Chevrolet
• GM with hiring authority at dealership,
often noted ages of employment
applicants by hand on their applications!
• GM testified he was not aware that it was
illegal to discriminate on the basis of age!
• Court: Leaving managers with hiring
authority in ignorance of the basic
features of the discrimination laws is an
“extraordinary mistake”: reckless
indifference.
($100,000+)

14. U.S. Department of Labor
• Handles claims for overtime and minimum
wage
Examples:
• Hiring
• Secretary of Labor Hilda Solis
VERY pro union/employee
• Hired 250 new investigators

15. Fiscal Year 2008 FLSA Violations:
• $185.3 million collected for
violations of the Fair Labor
Standards Act’s overtime and
minimum wage rules.
• This does not include private
sector lawsuits!
• From 2001 to 2005 there was a
100% increase in cases filed.

16. Free Consulting Time!!!

17. James F. Hendricks Jr.
Partner, Chicago Office
312-960-6118
jhendricks@fordharrison.com
Atlanta
Asheville
Birmingham
Chicago
Dallas
Denver
Jacksonville
Los Angeles
Melbourne
Memphis
Miami
Minneapolis
New York Orlando
Phoenix
Spartanburg
Tampa
Washington, DC

18. CONTACT INFORMATION
The recorded webinar and presentation slides will be emailed to
you today including your local representative’s contact
information.
www.kpaonline.com
bross@kpaonline.com
866-356-1735