Life cycle of employee training and development - may 2015

Polsinelli PC. In California, Polsinelli LLP
Life Cycle of an Employee:
Training and Development
Eric E. Packel, Chris M. Mason,
Scott M. Gilbert,Teeka K. Harrison

real challenges. real answers. sm
The Life Cycle of an Employee
Assessment,
Selection,
Onboarding
Training &
Development
Performance
Management
Termination
Recruitment
& Talent
Acquisition

Training and Development: Agenda
Orientation training
Recurrent training
Management training
Section 7 considerations
EEO and Wage and Hour considerations
Promotion practices

Training: Orientation
Employer policies that cover:
– EEO policies: non-discrimination (federal and applicable state);
non-retaliation, anti-harassment.
Stay up to date, as protected categories change
– FMLA and other protected leaves
– ADA – accommodations
– Wage policies, including retaliation
– Complaint procedures – minimum requirements
– Internet and email usage policies
– Confidentiality
– Document retention – to some extent

Training: Orientation
Actual training vs. handing out paper
Signed acknowledgments
Retention of signed acknowledgments

Training: All Employees
Absolutes
– EEO policies: non-discrimination (federal and applicable state);
non-retaliation, anti-harassment
– ADA – accommodations
– Wage policies
– Complaint procedures – minimum requirements
Organization Specific
Internet and email usage policies
Confidentiality
Document retention
How often?

Training: Managers
Managers should know how to:
– Recognize and respond to violations of EEO policies
– Gather information regarding employee complaints
– Respond to leave requests
– Identify and avoid possible wage violations
– Enforce internet/email usage and confidentiality
policies
– Achieve compliance with document retention policies
– Avoid retaliation claims

Why?
Minimize Litigation Threat
– Supervisor harassment + tangible
employment action = liability
– Ellerth/Faragher Affirmative Defense
– Good faith defenses
– Punitive damages
Create & Maintain Positive Work
Environment
Protect Company Assets

Training: Confidentiality
Employees Need to Know:
– What constitutes “Confidential Information” or a
“Trade Secret”
– How Confidential Information can be used
– Who can see Confidential Information
Managers Need to Know:
– What protocols are in place to protect Confidential
Information
– How to respond to a potential violation

Training: Section 7 Rights
Union and Non-Union Workforces
NLRA applies to all employees, regardless
of whether a union is involved.
– Understand what constitutes concerted
protected activity.
Responding to online conduct
– Focus on the substance, not the form.

Training: Section 7 Rights
Union and Non-Union Workforces
Managers are the front line
– New quickie election rules
– Micro-Units
Recognize the signs of an organizing
campaign
Be ready to respond
– T.I.P.S.
– F.O.E.

Development: Training Opportunities
Types of training
– Mandatory
– Voluntary Job-specific
Current position
Prospective position (development)
– Voluntary General

Forms of training
– In-house
– External providers
– In-person
– Online
– Group-based
– One-on-one

Notice regarding training must be equal
– Employees on reduced schedule
– Employees who telecommute
Access to training must be equal
– Blind or deaf
– Pregnant
– Age

Wage and Hour Concerns
– Do employers always have to pay non-exempt
employees for time spent training?
– Training is compensable if:
It occurs during employee’s regular working hours;
or
It is involuntary; or
It is directly related to the employee’s job; or
The employee performs productive work during it.
29 C.F.R. § 785.27-.32

Involuntary
Directly related to the employee’s job
Risks/Precautions

Training The Decision-Makers
Be Transparent, Objective & Consistent
Lack of transparency can lead to feelings
of favoritism and discrimination.
Establishing clear, objective standards that
are communicated to employees
demystifies the process and provides the
basis for a defense in litigation.
Consistency builds trust and lessens
potential for litigation.

Development: Promotions
Evaluate and Revisit Criteria for Promotion
– Do the criteria accurately reflect what is
required for the position?
– Have previous promotions to the same
position relied on the same criteria?
– If not, promotion decision ripe for attack.

Development: Promotions
Establish a Clear Process for Application
& Selection
– Make sure employees know when a position
becomes available, the applicable
qualifications, and how to apply for it.
– Develop a process that ensures all qualified
employees are given the opportunity to apply.
– Be able to explain why a given candidate was
selected.

Training: Promotions
Managers involved in promotion process
should be trained regarding best practices
– Proper interview questions
– Adequate note taking
– Record retention
– Proper communication of decision

Next Time
Date: August 13, 2015
Subject: Performance Management
Summary:
– Protecting your significant employee investment by
harnessing tools such as regular and ad hoc
evaluations, employee goal setting, and disciplinary
measures.
– New management tools available to raise the bar for,
and the performance of, your 21st Century workforce.

Contact Information
Follow us on:
– Twitter: @polsinelli
– LinkedIn:
https://www.linkedin.com/company/polsinelli?trk=company_logo
– SlideShare: http://www.slideshare.net/Polsinelli_PC
Polsinelli PC
www.polsinelli.com

About Polsinelli
Polsinelli provides this material for informational purposes only. The material provided herein is general and is not intended to be
legal advice. Nothing herein should be relied upon or used without consulting a lawyer to consider your specific circumstances,
possible changes to applicable laws, rules and regulations and other legal issues. Receipt of this material does not establish an
attorney-client relationship.
Polsinelli is very proud of the results we obtain for our clients, but you should know that past results do not guarantee future
results; that every case is different and must be judged on its own merits; and that the choice of a lawyer is an important decision
and should not be based solely upon advertisements.
© 2015 Polsinelli PC. In California, Polsinelli LLP.
Polsinelli is a registered mark of Polsinelli PC
Polsinelli, a national law firm ranked among the Am Law 100 with over 740 attorneys located in
21 offices, deliberately seeks constant improvement in all that we do. At its inception more than
forty years ago, the firm established a culture of openness and entrepreneurship that still
pervades today. As the fastest growing U.S. law firm for the past six years as ranked by The
American Lawyer*, the firm’s growth has been fueled by the recruitment of like-minded
attorneys from top law firms across the country.
Polsinelli attorneys successfully build enduring client relationships by providing practical legal
counsel infused with business insight, and with a passion for assisting General Counsel and
CEOs in achieving their objectives. The firm focuses on healthcare, financial services, real
estate, life sciences and technology, and energy and business litigation, and has depth of
experience in
100 service areas and 70 industries.
*The American Lawyer 2013 and 2014 reports

Life cycle of employee training and development - may 2015

Recommended

Recommended

More Related Content

What's hot

What's hot (20)

Viewers also liked

Viewers also liked (19)

Similar to Life cycle of employee training and development - may 2015

Similar to Life cycle of employee training and development - may 2015 (20)

More from Polsinelli PC

More from Polsinelli PC (20)

Recently uploaded

Recently uploaded (20)

Life cycle of employee training and development - may 2015