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z
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Harvey
Weinstein
Kevin Spacey Louis CK Bill O’Reilly Roger Ailes
Charlie Rose
Mother
Theresa
Al Franken Roy Moore
Garris...
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Possible Reactions to Harassment Complaint
1 Uncritical acceptance
2 Passive isolationism
z
Broader Horizons
Minimum
Wage Levels
Domestic
Violence +
Stalking Victim
Protection
Maternity Leave
with Pay
Expanded
Pr...
z
December 2017 NLRB Rulings
1 Employee Handbooks
2 Joint Employers
3 Micro-Bargaining Units
z
Demise of the
Quickie Election
Regulations?
z
z
Deductions
for Employee
Awards
Taxation of
Reimbursement
for Employee
Moving
Expenses
Elimination of
Deductions for
Empl...
z
Tax Credit for
Paid Family Leave
z
Sexual
Harassment
Settlement
Payments
z
Sexual Orientation and
the Discrimination Laws
z
The Disability
Law
z
The Overtime
Rules
z
Increased State +
Local Government
Attention to
Employment Issues
17
Safety 101
Maintaining Safety
in Your Workplace
WELCOME
18
Key Points
• 1910 or 1926 Compliance
–Top 10 OSHA Violations FY17
• Hazard Recognition
–JHA
–Safety Inspections
• Emplo...
19
Top 10 OSHA Violations FY17
• Fall Protection
• Hazard Communication
• Scaffolding
• Respiratory Protection
• LOTO
• La...
20
Fall Protection – General Requirements (1926.501)
• #1 OSHA violation of 2017
– 6,887 violations
• The most common viol...
21
Hazard Communication (1910.1200)
Hazard Communication Program
Not having or maintaining a hazard
communication program–...
22
Scaffolding (1926.451)
• Most common citations result from:
3,697 Violations
Improper
platforms
Improper
access to
surf...
23
Scaffolding (1926.451)
Proper Set Up
Falling Access Platforms
Employees on a
scaffold 10+ feet
above a lower
level shal...
24
Respiratory Protection (1910.134)
• Providing medical evaluation – 605 citations
• Written respiratory protection progr...
25
Lockout/Tagout (1910.147)
Procedures Inspections
Training Programs
26
Ladders (1926.1053)
2,567 Violations
Improper use 01
Damaged
ladders
02
Using the top step 03
27
Powered Industrial Trucks (1910.178)
• OSHA statistics indicate there are roughly 85 forklift fatalities and ~35,000 se...
28
PIV Best Practices
29
Machine Guarding (1910.212)
• The exposure to unguarded or poorly guarded machines is prevalent in many workplaces.
• M...
30
Electrical – Wiring Methods (1910.305)
1,530 Violations
31
Electrical Facility Concerns
32
Hazard Recognition
33
Key Points
• 1910 or 1926 Compliance
–Top 10 OSHA Violations FY17
• Hazard Recognition
–JHA
–Safety Inspections
• Emplo...
34
This image cannot currently be displayed.
Hazard Assessments/ Job Hazard Analysis
35
– Egress
– Emergency Lighting
– Clearances
– Machine guarding
– Housekeeping
Hazard Assessment –Safety Inspections
3rd ...
36
37
38
Employee Engagement
39
Key Points
• 1910 or 1926 Compliance
–Top 10 OSHA Violations FY17
• Hazard Recognition
–JHA
–Safety Inspections
• Emplo...
40
Employee & Management Engagement
Safety Committees
Objectives
Training
Meaningful activities
Safety Meetings
Company Wi...
41
Safety 101
Written Safety Programs
Communication
is key
Ongoing training
Routine hazard
recognition
Positive Culture
42
Contact us
Central Ohio’s Business Health, Safety and
Environmental Consultants since 1992.
140 N. Otterbein Ave.
Weste...
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Recent Changes
to Injury Claims
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HIGHLIGHTS
The
z
OLD RULE
NEW RULE
The statute of limitations to file a
Workers’ Compensation claim was 2 years
The statute of limitation...
z
CAVEAT
Occupational disease claims
unchanged
2 years from last of diagnosis,
treatment or date “quit” work
z
OLD RULE
NEW RULE
Parties had 60 days to file an appeal into
Court on “right to participate” issues
If the parties agree...
z
REMEMBER
30 days to file Notice of Intent to
Settle
Other party has 14 days to file
Objection to Notice of Intent
If no ...
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OLD RULE
NEW RULE
Statute listed various drugs + levels of
intoxication for purposes of the
“rebuttable presumption” (th...
z
REMEMBER
Still need to have “reasonable
suspicion” to use rebuttable
presumption
Ohio’s new Medical Marijuana laws
don’t...
z
OLD RULE
NEW RULE
In the case of incarceration,
compensation was denied only
to an incarcerated claimant
Neither an inca...
z
OLD RULE
NEW RULE
If a claimant was successful in Court on a
“right to participate” issue, his/her
attorney was entitled...
z
OLD RULE
NEW RULE
Firefighters are not entitled to “wage loss”
compensation in a cancer claim
Firefighters, who previous...
z
Fewer claims
being filed
across the
state of Ohio
z
12%decrease in private
employer premiums
z
7.8%rate cut for state
agencies + public
universities
z
Notable
CASES
z
State, ex rel.
Presbyterian
Retirement
Services v.
Indus. Comm.
2017-Ohio-
7577
Claimant receiving permanent total
disab...
z
Clendenin v.
Girl Scouts of
Western Ohio
2017-Ohio-
2830
No “regular” court appeal –
must pursue Writ of
Mandamus in Cou...
z
Ferguson v.
State
2017-Ohio-
7844
Court of Appeals
agreed but Ohio
Supreme Court upheld
the law
Claimant cannot
dismiss ...
z
Dave McCarty
Kegler Brown Hill + Ritter
dmccarty@keglerbrown.com
keglerbrown.com/mccarty
614-462-5469
z
Preventing Unethical Behavior
presented by Jane Gleaves
March 6, 2018
z
NYT investigation revealed
sexual harassment allegations
against Harvey Weinstein
October 5
z
New Yorker published an
investigation into sexual
assault by Weinstein
October 10
z
Alyssa Milano invites
women to #metoo
October 15
z
1.7 million tweets with the
#metoo; 12 million posts on
Facebook
November 31
z
“Silence breakers” named Time
Person of the Year
December 6
z
Time’s Up founded
January 1
z
25-75%
of women had been
victims of sexual
harassment
z
75%of those women
never report it
z
30 million
women have a voice
z
z
z
z
Report
to HR
Report
on Social
Media
z
Complaint won’t be
taken seriously
Retaliation Consequences
z
How do we change
the culture?
z
The culture change
+ support has to be
top-down
1
z
There have to be
safe, multiple outlets
for filing complaints
2
z
Tap into the women’s
based groups at the
company
3
z
What if you get a
complaint?
z
Don’t ignore it –
address early!
1
z
Some complaints can
be brought directly
to the board
2
z
HR sends complaints
directly to legal counsel
3
z
z
EEOC is updating its
sexual harassment
guidelines for the
first time in 20 years
z
There is now
administrative
interest with this
issue
z
z
Jane Gleaves
Kegler Brown Hill + Ritter
jgleaves@keglerbrown.com
keglerbrown.com/gleaves
614-462-5484
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PRIVACY + DATA SECURITY for Employers
Risk in a World of Flexible Workspaces
z
CURRENT
Threats
z
CURRENT
Threats
z
Understand the
Risks
Mitigate the Risks
What to Do, if the
Risks Become
Reality
z
This is not just
the IT/IS team’s
problem!
z
for Employers
Practical
EXAMPLES
z
#1
Tax + W-2 Theft
Use of social
engineering coupled
with spear fishing is
increasing
Impacts employers
each year, and t...
z
#1
Tax + W-2 Theft
Bad actors may use the information to
submit fraudulent tax returns in the
hope of defrauding the IRS...
z
of hacking
attacks begin
with a phishing
email
91%
z
z
Encrypt sensitive
information before
sending
“Out of Network”
notifications for
inbound emails
Track rate of tax
fraud r...
z
Think twice before
clicking
Use common sense
+ be aware
When in doubt, use
phone to verify
“Show details” on
emails
z
#2
Payroll Vendor Spoofing
Message sent to
employees spoofing a
trusted vendor +
prompts to click
Directs employee to
“c...
z
#2
Payroll Vendor Spoofing
Bad actors may use the information to
divert payments to divert funds - to the
extent credent...
z
Alert workforce
of scam
Consider
implementing
training
Direct employees
to forward
suspicious requests
to IT
z
Instruct employees
not to supply login
credentials
Do not publicly
post information
your employees
need to access tax
in...
z
#3
Remote Workforce
Use of unapproved
apps and devices
Accessing unsecure
Wi-Fi networks
Ignoring security
updates
z
#3
Remote Workforce
Bad actors may gain
access to information,
devices and systems
KEY RISK
z
Review agreements
to ensure they
include reasonable
security
requirements
Limit access rights
Proactively manage
updates...
z
Enforce an effective
password policy
Save data to offline
storage
Use 2-factor
authentication
Employ/require
encryption ...
z
Utilize remote wipe
services on devices
Identify security
levels + apply
appropriate
security measures
Maintain device
r...
z
#4
Biometrics
Less focus on security
+ more on privacy
Google Arts +
Culture app
z
#4
Biometrics
Investing capital or other resources
in biometric projects, that may be
later restricted by legislation
KE...
z
Keep in mind
dynamic
nature of this
landscape as
you develop
policies +
procedures
z
#5
GDPR for Employers
New EU data
protection regulation
as of 5/25/18
Applies to any
organization that
offers goods or
s...
z
#5
GDPR for Employers
Processing
information requires
a legal basis
Employees should
receive effective
information about...
z
Common Practices that May Be
Restricted Under the GDPR
Use of information on social media profiles for recruitment purpo...
z
#5
GDPR for Employers
Companies may be fined up to €20
million or 4% of global turnover
(whichever is greater) for non-
...
z
Determine
your
organization’s
obligations
z
David Wilson
Kegler Brown Hill + Ritter
dwilson@keglerbrown.com
keglerbrown.com/wilson
614-462-5406
z
Losing My
RELIGION
An Update on Religious
Discrimination and
Accommodations
z
What are We
Going to Talk
About?
Title VII
Proof
Paradigms
Breaking
Down
Elements
Modern
Day
Religious
Issues
Future
Pro...
z
RELIGION =
all aspects of religious
observance and practice,
as well as belief
z
UNLESS
an employer demonstrates that he is
unable to reasonably accommodate to
an employee’s or prospective employee’s
r...
z
Discrimination
based on religion
has 3 components
z
Can’t treat people
differently because
of religion
z
Can’t harass people
because of religion
z
Have to accommodate
religion if you can do so
without undue hardship
to your business
z
THE EASY
ONES
z
Can’t treat someone
differently because you
know, or suspect, they are a
certain religion and may
require an accommodati...
z
Can’t require
employees to
follow company’s
professed faith
z
Can’t tell employees
they have to read
the Bible to get
promoted
z
Employee says they have to wear a
religious button or sign at work?
z
After work, employees rub olive oil near entry
way of absent co-workers cubicle to rid the
absent co-worker of her demon...
z
Employee says part of their religion is to try
and convert others which includes constantly
discussing their beliefs wit...
z
The
ACCOMMODATION
Question
z
What Constitutes
a Religion?
z
Traditional, organized religions
such as Christianity, Judaism,
Islam, Hinduism + Buddhism
Beliefs that are new, uncommon
z
RELIGION CAN BE
Beliefs that are not part of a
formal church or sect
Beliefs that are only subscribed
to by a small numb...
z
Is this a religion?
Believe in a deity called the Flying
Spaghetti Monster (FSM)
Does not require literal belief in orde...
z
Is this a religion?
Religion founded in 1988 – the
founder is religion’s current Pharaoh
Basis in Egyptian religion but ...
z
What’s the
Question?
z
How Do I
Determine Undue
Hardship?
z
Is it more than a
minimal burden
on the operation
of business?
z
Violating a seniority system
Causing a lack of necessary staffing
Jeopardizing security or health
Costing employer more ...
z
The Basic Problems
Scheduling Dress Code
+ Grooming
Prayer
During
Work
z
Scheduling ISSUES
Scheduling modifications are usually
a reasonable accommodation
Important to understand specifics of
e...
z
Dress Code + Grooming
ISSUES
Hotel says employee has to cut his
dreadlocks to comply with dress code
Employee says dress...
z
Prayer During Work ISSUES
Many cases involve Muslim requests
to pray during the work day
EEOC almost always says a break...
z
New Problems
Hand
Scanners Flu Shots Customer
Complaints
Religious
Objections
z
Hand Scanner ISSUES
Scans right hand
Great tool for monitoring attendance
and keeping track of time, right?
What if empl...
z
It’s OK - only a
$580,000 mistake
z
Flu Shot ISSUES
Hospital requires all employees to
get flu shot
Says safety precaution justifies
requirement
Employee sa...
z
Flu Shot ISSUES
Employee says will wear a mask
while working
Employer offers nasal spray
Employee says that won’t work
z
Customer Complaint ISSUES
Receptionist has a religious sign he
displays directly over his left shoulder
Can company term...
z
Religious Objection ISSUES
You own a small bakery – employee
says she recently found religion and
believes gay marriage ...
z
Religious Objection ISSUES
Now employee says she has no
problem selling pre-made products
but she won’t bake a cake hers...
z
the TAKEAWAY
Don’t fight over whether it’s a religion or not
Avoid fighting over sincerity of belief
Don’t modify rules ...
z
Look at whether granting
accommodation would
result in denial of product or
service, or delay
z
If there is a potential
solution try it
z
Keep an eye
on the news
z
Brendan Feheley
Kegler Brown Hill + Ritter
bfeheley@keglerbrown.com
keglerbrown.com/brendanfeheley
614-462-5482
z
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2018 Managing Labor+ Employee Relations Seminar

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Kegler Brown's Employee Relations team spoke alongside guest speaker Dianne Grote Adams of Safex to present this year's Managing Labor + Employee Relations Seminar.

This year’s seminar discussed the following topics: What to Expect in 2018 - Trumping the Obama Legacy; Maintaining Safety in Your Workplace; Analysis of Ohio’s Newly Passed Workers’ Compensation Legislation; The #MeToo Era; Privacy and Data Security Risk in a World of Flexible Workplaces; and Losing My Religion.

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2018 Managing Labor+ Employee Relations Seminar

  1. 1. z
  2. 2. z
  3. 3. z
  4. 4. z Harvey Weinstein Kevin Spacey Louis CK Bill O’Reilly Roger Ailes Charlie Rose Mother Theresa Al Franken Roy Moore Garrison Keiler Russell Simmons Pete Rose Bill Cosby Oprah Winfrey
  5. 5. z Possible Reactions to Harassment Complaint 1 Uncritical acceptance 2 Passive isolationism
  6. 6. z Broader Horizons Minimum Wage Levels Domestic Violence + Stalking Victim Protection Maternity Leave with Pay Expanded Protection for Pregnant Workers Renewed Focus on Equal Pay for Equal Work
  7. 7. z December 2017 NLRB Rulings 1 Employee Handbooks 2 Joint Employers 3 Micro-Bargaining Units
  8. 8. z Demise of the Quickie Election Regulations?
  9. 9. z
  10. 10. z Deductions for Employee Awards Taxation of Reimbursement for Employee Moving Expenses Elimination of Deductions for Employee Meal Expenses Elimination of Deductions for Parking + Paid Transportation Elimination of Deductions for On-Site Gyms New Provisions:
  11. 11. z Tax Credit for Paid Family Leave
  12. 12. z Sexual Harassment Settlement Payments
  13. 13. z Sexual Orientation and the Discrimination Laws
  14. 14. z The Disability Law
  15. 15. z The Overtime Rules
  16. 16. z Increased State + Local Government Attention to Employment Issues
  17. 17. 17 Safety 101 Maintaining Safety in Your Workplace WELCOME
  18. 18. 18 Key Points • 1910 or 1926 Compliance –Top 10 OSHA Violations FY17 • Hazard Recognition –JHA –Safety Inspections • Employee & Management Engagement –Safety Committees –Safety Meetings –Hazard Reporting
  19. 19. 19 Top 10 OSHA Violations FY17 • Fall Protection • Hazard Communication • Scaffolding • Respiratory Protection • LOTO • Ladders • PIV • Guarding • Fall Protection, Training • Electrical
  20. 20. 20 Fall Protection – General Requirements (1926.501) • #1 OSHA violation of 2017 – 6,887 violations • The most common violation requirements come from: – Unprotected edges and open sides – Failure to provide fall protection on low slope roofs
  21. 21. 21 Hazard Communication (1910.1200) Hazard Communication Program Not having or maintaining a hazard communication program– 1520 citations. 1910.1200(e)(1) SDS Making SDS’s available at each shift– 459 citation. 1910.1200(g)(8) Training Improper information and training given to employees– 1,230 citations 1910.1200(h)(1) Keeping Up To Date Keeping SDS book up to date with incoming and produced hazards– 337 citations 1910.1200 (g)(1) 4,652 violations in the 2017 year
  22. 22. 22 Scaffolding (1926.451) • Most common citations result from: 3,697 Violations Improper platforms Improper access to surfaces Lack of fall protection
  23. 23. 23 Scaffolding (1926.451) Proper Set Up Falling Access Platforms Employees on a scaffold 10+ feet above a lower level shall be protected from falling to that lower level Support On scaffold platforms more than 2 feet above or below a point of access, Crossbraces shall not be used as a means of access Each platform on all working levels shall be fully planked or decked between the front uprights and guardrail supported Supported scaffold poles, legs, posts, frames and uprights shall bear on base plates, mud sills, or other adequate firm foundation
  24. 24. 24 Respiratory Protection (1910.134) • Providing medical evaluation – 605 citations • Written respiratory protection program – 494 citations • Fit testing – 277 citations • Providing respirators – 239 citations 3,381 Violations
  25. 25. 25 Lockout/Tagout (1910.147) Procedures Inspections Training Programs
  26. 26. 26 Ladders (1926.1053) 2,567 Violations Improper use 01 Damaged ladders 02 Using the top step 03
  27. 27. 27 Powered Industrial Trucks (1910.178) • OSHA statistics indicate there are roughly 85 forklift fatalities and ~35,000 serious injuries. • OSHA’s most common findings and most cited sections of the standard are: – Inadequate training of employees – Lack of truck inspections 2,349 Violations
  28. 28. 28 PIV Best Practices
  29. 29. 29 Machine Guarding (1910.212) • The exposure to unguarded or poorly guarded machines is prevalent in many workplaces. • Moving machine parts have to potential to cause injuries such as – Crushed fingers or hands – Amputations – Burns – Blindness 2,109 Violations
  30. 30. 30 Electrical – Wiring Methods (1910.305) 1,530 Violations
  31. 31. 31 Electrical Facility Concerns
  32. 32. 32 Hazard Recognition
  33. 33. 33 Key Points • 1910 or 1926 Compliance –Top 10 OSHA Violations FY17 • Hazard Recognition –JHA –Safety Inspections • Employee & Management Engagement –Safety Committees –Safety Meetings –Hazard Reporting
  34. 34. 34 This image cannot currently be displayed. Hazard Assessments/ Job Hazard Analysis
  35. 35. 35 – Egress – Emergency Lighting – Clearances – Machine guarding – Housekeeping Hazard Assessment –Safety Inspections 3rd parties Safety Committees Department walkthroughs/ checklists
  36. 36. 36
  37. 37. 37
  38. 38. 38 Employee Engagement
  39. 39. 39 Key Points • 1910 or 1926 Compliance –Top 10 OSHA Violations FY17 • Hazard Recognition –JHA –Safety Inspections • Employee & Management Engagement –Safety Committees –Safety Meetings –Hazard Reporting
  40. 40. 40 Employee & Management Engagement Safety Committees Objectives Training Meaningful activities Safety Meetings Company Wide Departments Lines Periodic Daily Hazard Reporting Informal Formal Corrective action
  41. 41. 41 Safety 101 Written Safety Programs Communication is key Ongoing training Routine hazard recognition Positive Culture
  42. 42. 42 Contact us Central Ohio’s Business Health, Safety and Environmental Consultants since 1992. 140 N. Otterbein Ave. Westerville, Ohio 43081 614.890.0800 facebook.com/safex.us Linkedin.com/company/safex-inc dgroteadams@safex.us
  43. 43. z Recent Changes to Injury Claims
  44. 44. z HIGHLIGHTS The
  45. 45. z OLD RULE NEW RULE The statute of limitations to file a Workers’ Compensation claim was 2 years The statute of limitations was reduced to 1 year
  46. 46. z CAVEAT Occupational disease claims unchanged 2 years from last of diagnosis, treatment or date “quit” work
  47. 47. z OLD RULE NEW RULE Parties had 60 days to file an appeal into Court on “right to participate” issues If the parties agree, there is a mechanism to extend the deadline from 60 days to 150 days before an appeal is due so that the matter can be settled
  48. 48. z REMEMBER 30 days to file Notice of Intent to Settle Other party has 14 days to file Objection to Notice of Intent If no Objection, then 150 days to file appeal into Court
  49. 49. z OLD RULE NEW RULE Statute listed various drugs + levels of intoxication for purposes of the “rebuttable presumption” (that drug use caused the injury) to apply List is eliminated and in its place, general Federal Guidelines now apply with regard to intoxication levels
  50. 50. z REMEMBER Still need to have “reasonable suspicion” to use rebuttable presumption Ohio’s new Medical Marijuana laws don’t change things related to employment or workers’ comp
  51. 51. z OLD RULE NEW RULE In the case of incarceration, compensation was denied only to an incarcerated claimant Neither an incarcerated claimant nor an incarcerated dependent is entitled to compensation
  52. 52. z OLD RULE NEW RULE If a claimant was successful in Court on a “right to participate” issue, his/her attorney was entitled to attorneys’ fees, capped at $4,200 The cap has been increased to $5,000
  53. 53. z OLD RULE NEW RULE Firefighters are not entitled to “wage loss” compensation in a cancer claim Firefighters, who previously were not entitled to “wage loss” compensation in an allowed cancer claim, are now eligible for such compensation
  54. 54. z Fewer claims being filed across the state of Ohio
  55. 55. z 12%decrease in private employer premiums
  56. 56. z 7.8%rate cut for state agencies + public universities
  57. 57. z Notable CASES
  58. 58. z State, ex rel. Presbyterian Retirement Services v. Indus. Comm. 2017-Ohio- 7577 Claimant receiving permanent total disability compensation (PTD) cannot also be granted awards for permanent partial disability (PPD or C-92)
  59. 59. z Clendenin v. Girl Scouts of Western Ohio 2017-Ohio- 2830 No “regular” court appeal – must pursue Writ of Mandamus in Court of Appeals Industrial Commission decision that a substantially aggravated pre-existing condition has returned to “preinjury baseline status” is an “extent of disability” issue
  60. 60. z Ferguson v. State 2017-Ohio- 7844 Court of Appeals agreed but Ohio Supreme Court upheld the law Claimant cannot dismiss an employer’s court appeal without the employer’s stipulated consent Plaintiff argued the 2006 legislation violated Ohio Constitution
  61. 61. z Dave McCarty Kegler Brown Hill + Ritter dmccarty@keglerbrown.com keglerbrown.com/mccarty 614-462-5469
  62. 62. z Preventing Unethical Behavior presented by Jane Gleaves March 6, 2018
  63. 63. z NYT investigation revealed sexual harassment allegations against Harvey Weinstein October 5
  64. 64. z New Yorker published an investigation into sexual assault by Weinstein October 10
  65. 65. z Alyssa Milano invites women to #metoo October 15
  66. 66. z 1.7 million tweets with the #metoo; 12 million posts on Facebook November 31
  67. 67. z “Silence breakers” named Time Person of the Year December 6
  68. 68. z Time’s Up founded January 1
  69. 69. z 25-75% of women had been victims of sexual harassment
  70. 70. z 75%of those women never report it
  71. 71. z 30 million women have a voice
  72. 72. z
  73. 73. z
  74. 74. z
  75. 75. z Report to HR Report on Social Media
  76. 76. z Complaint won’t be taken seriously Retaliation Consequences
  77. 77. z How do we change the culture?
  78. 78. z The culture change + support has to be top-down 1
  79. 79. z There have to be safe, multiple outlets for filing complaints 2
  80. 80. z Tap into the women’s based groups at the company 3
  81. 81. z What if you get a complaint?
  82. 82. z Don’t ignore it – address early! 1
  83. 83. z Some complaints can be brought directly to the board 2
  84. 84. z HR sends complaints directly to legal counsel 3
  85. 85. z
  86. 86. z EEOC is updating its sexual harassment guidelines for the first time in 20 years
  87. 87. z There is now administrative interest with this issue
  88. 88. z
  89. 89. z Jane Gleaves Kegler Brown Hill + Ritter jgleaves@keglerbrown.com keglerbrown.com/gleaves 614-462-5484
  90. 90. z
  91. 91. z PRIVACY + DATA SECURITY for Employers Risk in a World of Flexible Workspaces
  92. 92. z CURRENT Threats
  93. 93. z CURRENT Threats
  94. 94. z Understand the Risks Mitigate the Risks What to Do, if the Risks Become Reality
  95. 95. z This is not just the IT/IS team’s problem!
  96. 96. z for Employers Practical EXAMPLES
  97. 97. z #1 Tax + W-2 Theft Use of social engineering coupled with spear fishing is increasing Impacts employers each year, and this is the peak season W-2s are information rich documents
  98. 98. z #1 Tax + W-2 Theft Bad actors may use the information to submit fraudulent tax returns in the hope of defrauding the IRS into sending funds for a false tax refund or sell on dark web to identity thieves KEY RISK
  99. 99. z of hacking attacks begin with a phishing email 91%
  100. 100. z
  101. 101. z Encrypt sensitive information before sending “Out of Network” notifications for inbound emails Track rate of tax fraud reported to HR
  102. 102. z Think twice before clicking Use common sense + be aware When in doubt, use phone to verify “Show details” on emails
  103. 103. z #2 Payroll Vendor Spoofing Message sent to employees spoofing a trusted vendor + prompts to click Directs employee to “confirm identity” by providing credentials Some even have reply feature to email the employee
  104. 104. z #2 Payroll Vendor Spoofing Bad actors may use the information to divert payments to divert funds - to the extent credentials are similar or the same, bad actor may gain access to company systems KEY RISK
  105. 105. z Alert workforce of scam Consider implementing training Direct employees to forward suspicious requests to IT
  106. 106. z Instruct employees not to supply login credentials Do not publicly post information your employees need to access tax information Enable 2-factor authentication
  107. 107. z #3 Remote Workforce Use of unapproved apps and devices Accessing unsecure Wi-Fi networks Ignoring security updates
  108. 108. z #3 Remote Workforce Bad actors may gain access to information, devices and systems KEY RISK
  109. 109. z Review agreements to ensure they include reasonable security requirements Limit access rights Proactively manage updates + patches Backup data
  110. 110. z Enforce an effective password policy Save data to offline storage Use 2-factor authentication Employ/require encryption on devices
  111. 111. z Utilize remote wipe services on devices Identify security levels + apply appropriate security measures Maintain device records
  112. 112. z #4 Biometrics Less focus on security + more on privacy Google Arts + Culture app
  113. 113. z #4 Biometrics Investing capital or other resources in biometric projects, that may be later restricted by legislation KEY RISK
  114. 114. z Keep in mind dynamic nature of this landscape as you develop policies + procedures
  115. 115. z #5 GDPR for Employers New EU data protection regulation as of 5/25/18 Applies to any organization that offers goods or services to EU data subjects Personal data is defined broadly
  116. 116. z #5 GDPR for Employers Processing information requires a legal basis Employees should receive effective information about monitoring Adequate protection for any international transfer of employee data
  117. 117. z Common Practices that May Be Restricted Under the GDPR Use of information on social media profiles for recruitment purposes Storing HR and other employee data in the cloud Wishing employees happy birthday on an intranet Monitoring electronic communications in the workplace Monitoring remote working Scanning private devices as part of a BYOD policy Monitoring company vehicles
  118. 118. z #5 GDPR for Employers Companies may be fined up to €20 million or 4% of global turnover (whichever is greater) for non- compliance with GDPR KEY RISK
  119. 119. z Determine your organization’s obligations
  120. 120. z David Wilson Kegler Brown Hill + Ritter dwilson@keglerbrown.com keglerbrown.com/wilson 614-462-5406
  121. 121. z Losing My RELIGION An Update on Religious Discrimination and Accommodations
  122. 122. z What are We Going to Talk About? Title VII Proof Paradigms Breaking Down Elements Modern Day Religious Issues Future Problems
  123. 123. z RELIGION = all aspects of religious observance and practice, as well as belief
  124. 124. z UNLESS an employer demonstrates that he is unable to reasonably accommodate to an employee’s or prospective employee’s religious observance or practice without undue hardship on the conduct of the employer’s business
  125. 125. z Discrimination based on religion has 3 components
  126. 126. z Can’t treat people differently because of religion
  127. 127. z Can’t harass people because of religion
  128. 128. z Have to accommodate religion if you can do so without undue hardship to your business
  129. 129. z THE EASY ONES
  130. 130. z Can’t treat someone differently because you know, or suspect, they are a certain religion and may require an accommodation
  131. 131. z Can’t require employees to follow company’s professed faith
  132. 132. z Can’t tell employees they have to read the Bible to get promoted
  133. 133. z Employee says they have to wear a religious button or sign at work?
  134. 134. z After work, employees rub olive oil near entry way of absent co-workers cubicle to rid the absent co-worker of her demons?
  135. 135. z Employee says part of their religion is to try and convert others which includes constantly discussing their beliefs with other employees and denouncing other faiths?
  136. 136. z The ACCOMMODATION Question
  137. 137. z What Constitutes a Religion?
  138. 138. z Traditional, organized religions such as Christianity, Judaism, Islam, Hinduism + Buddhism Beliefs that are new, uncommon
  139. 139. z RELIGION CAN BE Beliefs that are not part of a formal church or sect Beliefs that are only subscribed to by a small number of people Beliefs that seem illogical or unreasonable to others
  140. 140. z Is this a religion? Believe in a deity called the Flying Spaghetti Monster (FSM) Does not require literal belief in order to provide spiritual enlightenment Believe FSM Heaven has a beer volcano and a stripper factory Wear a pasta strainer on their head for religious photos
  141. 141. z Is this a religion? Religion founded in 1988 – the founder is religion’s current Pharaoh Basis in Egyptian religion but founded in Joliet IIIinois Has a goddess who is a force that keeps world balanced Followers keep personal religious shrine in their home
  142. 142. z What’s the Question?
  143. 143. z How Do I Determine Undue Hardship?
  144. 144. z Is it more than a minimal burden on the operation of business?
  145. 145. z Violating a seniority system Causing a lack of necessary staffing Jeopardizing security or health Costing employer more than a minimal amount Infrequent payment of overtime to employees who substitute shifts Customer preference or co-worker disgruntlement
  146. 146. z The Basic Problems Scheduling Dress Code + Grooming Prayer During Work
  147. 147. z Scheduling ISSUES Scheduling modifications are usually a reasonable accommodation Important to understand specifics of employee’s religious obligations Is voluntary shift trading enough?
  148. 148. z Dress Code + Grooming ISSUES Hotel says employee has to cut his dreadlocks to comply with dress code Employee says dress dreadlocks are required by Rastafarian religion Can employer refuse to accommodate?
  149. 149. z Prayer During Work ISSUES Many cases involve Muslim requests to pray during the work day EEOC almost always says a break is a reasonable accommodation If you’re going to refuse, you need solid data on either production or safety concern
  150. 150. z New Problems Hand Scanners Flu Shots Customer Complaints Religious Objections
  151. 151. z Hand Scanner ISSUES Scans right hand Great tool for monitoring attendance and keeping track of time, right? What if employee says scanning right hand violates his religious beliefs?
  152. 152. z It’s OK - only a $580,000 mistake
  153. 153. z Flu Shot ISSUES Hospital requires all employees to get flu shot Says safety precaution justifies requirement Employee says ingesting foreign medicine in her body violates religious beliefs
  154. 154. z Flu Shot ISSUES Employee says will wear a mask while working Employer offers nasal spray Employee says that won’t work
  155. 155. z Customer Complaint ISSUES Receptionist has a religious sign he displays directly over his left shoulder Can company terminate him if he doesn’t take it down? What about a cubicle instead of the lobby? He is in the lobby, so when customers enter, they see it Company asks him to remove it, he says it is required by his religion
  156. 156. z Religious Objection ISSUES You own a small bakery – employee says she recently found religion and believes gay marriage is a sin She says she will refuse any gay customers who request wedding cakes What do you do?
  157. 157. z Religious Objection ISSUES Now employee says she has no problem selling pre-made products but she won’t bake a cake herself that she knows is a wedding cake for a gay wedding Same result?
  158. 158. z the TAKEAWAY Don’t fight over whether it’s a religion or not Avoid fighting over sincerity of belief Don’t modify rules for someone else for a different reason Undue hardship is case by case analysis
  159. 159. z Look at whether granting accommodation would result in denial of product or service, or delay
  160. 160. z If there is a potential solution try it
  161. 161. z Keep an eye on the news
  162. 162. z Brendan Feheley Kegler Brown Hill + Ritter bfeheley@keglerbrown.com keglerbrown.com/brendanfeheley 614-462-5482
  163. 163. z

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