Answers to the World's Scariest Employment Law Questions
Everything You Ever Wanted to Know about Employment Law
1. Everything You Ever Wanted to Know About Employment Law
Everything You Ever Wanted
to Know About Employment Law
(But Didn’t Want to Pay a Lawyer to Ask)
Mark Toth
Chief Legal Officer, ManpowerGroup North America
Tuesday, March 13, 2012
ManpowerGroup | Tuesday, March 13, 2012 1
2. Everything You Ever Wanted to Know About Employment Law
Today’s Agenda
Smartest Person in Our Audience Competition
All the Latest Developments
Stay Out of Jail To Do List
Employment Law Sing-a-long
Tool Box: $697.8 Billion in Tools & Tips
ManpowerGroup | Tuesday, March 13, 2012 2
3. Everything You Ever Wanted to Know About Employment Law
marktoth.com
@manpowerblawg
ManpowerGroup | Tuesday, March 13, 2012 3
4. Everything You Ever Wanted to Know About Employment Law
Official Disclaimer
The presentation you are about to witness should not be relied upon or
construed as legal advice. For specific information on recent legal
developments, particular factual situations or the effect of a particular law,
the opinion of qualified legal counsel should be sought.
Failure to stay awake for the remainder of this presentation could result in
potentially 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 Legal and/or HR departments before making
any major changes.
You have been warned.
ManpowerGroup | Tuesday, March 13, 2012 4
5. Everything You Ever Wanted to Know About Employment Law
Smartest HR Person in the Universe
COMPETITION
ManpowerGroup | Tuesday, March 13, 2012 5
6. Everything You Ever Wanted to Know About Employment Law
Smartest
lawsuits
HR Person
in the Universe
COMPETITION
lawsuits
lawsuits
ManpowerGroup | Tuesday, March 13, 2012 6
7. Everything You Ever Wanted to Know About Employment Law
According to a recent study, what’s the
#1 legal headache for U.S. businesses?
A. Environmental regulation
B. Patent protection
C. International contract laws
D. Employment law disputes
E. Lawyers
ManpowerGroup | Tuesday, March 13, 2012 7
8. Everything You Ever Wanted to Know About Employment Law
According to a recent study, what’s the
#1 legal headache for U.S. businesses?
A. Environmental regulation
B. Patent protection
C. International contract laws
D. Employment law disputes
E. Lawyers
Source: Fulbright & Jaworski
ManpowerGroup | Tuesday, March 13, 2012 8
9. Everything You Ever Wanted to Know About Employment Law
According to the latest data,
what are an employer’s
odds of winning at trial?
A. It is unlawful for employers to win
B. 22%
C. 48%
D. 68%
E. 88%
ManpowerGroup | Tuesday, March 13, 2012 9
10. Everything You Ever Wanted to Know About Employment Law
According to the latest data,
what are an employer’s
odds of winning at trial?
A. It is unlawful for employers to win
B. 22%
C. 48%
D. 68%
E. 88%
Source: Jury Verdict Research
ManpowerGroup | Tuesday, March 13, 2012 10
11. Everything You Ever Wanted to Know About Employment Law
What hit record highs
last year?
A. EEOC complaints
B. EEOC recoveries
C. EEOC class actions
D. EEOC mediations
E. EEOC love notes from employers
F. All of the above except “E”
ManpowerGroup | Tuesday, March 13, 2012 11
12. Everything You Ever Wanted to Know About Employment Law
What hit record highs
last year?
A. EEOC complaints
B. EEOC recoveries
C. EEOC class actions
D. EEOC mediations
E. EEOC love notes from employers
F. All of the above except “E”
Source: EEOC
ManpowerGroup | Tuesday, March 13, 2012 12
13. Everything You Ever Wanted to Know About Employment Law
What’s the #1 most common
discrimination claim?
A. Age
B. National Origin
C. Race
D. Retaliation
E. Sex
ManpowerGroup | Tuesday, March 13, 2012 13
14. Everything You Ever Wanted to Know About Employment Law
Retaliation Is #1
1. Retaliation (36,258)
2. Race (35,890)
3. Sex (29,029)
4. Disability (25,165)
5. Age (23,264)
Source: EEOC
ManpowerGroup | Tuesday, March 13, 2012 14
15. Everything You Ever Wanted to Know About Employment Law
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
ManpowerGroup | Tuesday, March 13, 2012 15
16. Everything You Ever Wanted to Know About Employment Law
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
ManpowerGroup | Tuesday, March 13, 2012 16
17. Everything You Ever Wanted to Know About Employment Law
How Much Will YOU Pay?
$100K - $1M+:
$0 - 50K: $51-100K: Big pattern
1 plaintiff + 1 plaintiff + $1M: +/or
no horrible horrible Pattern +/or reeaaallllllllly
facts facts horrible horrible
(32%) (28%) facts facts
(39%) (1%)
ManpowerGroup | Tuesday, March 13, 2012 17
Sources: EEOC, Jury Verdict Research
18. Everything You Ever Wanted to Know About Employment Law
More More
More Enforcement: up for third straight year
More Suits: 1 / 5 has 50+
More Big Suits: 4 / 10 have suit seeking $20M+
More Investigations: 91% expect increase or stay same
More Costs: median spend up 40% to $1.4M
ManpowerGroup | Tuesday, March 13, 2012 18
Sources: Fulbright, Seyfarth Shaw
19. Everything You Ever Wanted to Know About Employment Law
What’s New? Supremes’ Greatest Hits
Pro-employee
• Retaliation Expanded
• Beware the “Cat’s Paw”
Pro-employer
• Nationwide Class Action Restricted
• Churches Don’t Have to Hire Atheists
• Class Waivers Are OK (Or Are They?)
ManpowerGroup | Tuesday, March 13, 2012 19
20. Everything You Ever Wanted to Know About Employment Law
What’s Next? More More More
Even More Enforcement
Even More Class Actions
Even More $$$
Big Targets:
• Systemic
• Wage and Hour
• Inflexible Leave
• Pregnancy/Caregiver
• Exec Misconduct
ManpowerGroup | Tuesday, March 13, 2012 20
21. Everything You Ever Wanted to Know About Employment Law
Smartest
technology
HR Person
in the Universe
COMPETITION
technology
technology
ManpowerGroup | Tuesday, March 13, 2012 21
22. Everything You Ever Wanted to Know About Employment Law
True or False?
None of the
laws that apply
in the real
world apply in
the social
media universe
and therefore I
can completely
lose my mind
and absolutely
anything goes.
ManpowerGroup | Tuesday, March 13, 2012 22
23. Everything You Ever Wanted to Know About Employment Law
Same old laws …
Non-discrimination
Adverse impact
FCRA
GINA
NLRA
Negligent Hiring
Off-duty Conduct
Arrest & Conviction Record
ManpowerGroup | Tuesday, March 13, 2012 23
24. Everything You Ever Wanted to Know About Employment Law
Same old test …
job- job-
related related
job-
related
ManpowerGroup | Tuesday, March 13, 2012 24
25. Everything You Ever Wanted to Know About Employment Law
Latest Stats: Employees
62% “couldn’t live without the Internet”
53% would rather lose nose than Facebook
45% would swap pay for SM access
29% access X-rated sites
28% have posted work-related photos
22% have posted / tweeted about a co-worker
21% would turn down a job if unsocial
ManpowerGroup | Tuesday, March 13, 2012 25
Sources: Cisco, Pew Research Center, McCann WorldGroup, Nielsen, DLA Piper
26. Everything You Ever Wanted to Know About Employment Law
Question: 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
ManpowerGroup | Tuesday, March 13, 2012 26
27. Everything You Ever Wanted to Know About Employment Law
Question: 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
ManpowerGroup | Tuesday, March 13, 2012 27
Source: Cisco
28. Everything You Ever Wanted to Know About Employment Law
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
ManpowerGroup | Tuesday, March 13, 2012 28
Sources: SHRM, Mindflash, Clearswift, DLA Piper, Cisco
29. Everything You Ever Wanted to Know About Employment Law
What Are Employers Really Using?
95% LinkedIn
58% Facebook
42% Twitter
29% Professional/Association Sites
3% MySpace
1% Foursquare
1% Second Life
6% Other
ManpowerGroup | Tuesday, March 13, 2012 29
Source: SHRM
30. Everything You Ever Wanted to Know About Employment Law
What Are Employers Really Finding?
35%: Bad Stuff 18%: Good Stuff
• 53% inappropriate photos/info • 50% good personality
• 44% drugs/alcohol • 39% strong qualifications
• 35% disparaging comments • 38% creative abilities
• 29% bad communication skills • 35% good communication skills
• 26% discriminatory comments • 19% valid references
• 24% lies about qualifications • 15% awards/accolades
Tuesday, March 13, 2012
ManpowerGroup | Tuesday, March 13, 2012 30
Source: Mindflash
31. Everything You Ever Wanted to Know About Employment Law
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.”
ManpowerGroup | Tuesday, March 13, 2012 31
32. Everything You Ever Wanted to Know About Employment Law
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.”
ManpowerGroup | Tuesday, March 13, 2012 32
33. Everything You Ever Wanted to Know About Employment Law
Stay Out Of Court Basics
Know the Law
Adopt a Reasonable Policy
Consistently Enforce It
Consider SM Agreements
Don’t Intercept, Steal or Deceive
Train Searchers + Managers
Monitor But Don’t Overreact
ManpowerGroup | Tuesday, March 13, 2012 33
34. Everything You Ever Wanted to Know About Employment Law
Search Checklist
Be Consistent
• All candidates or certain categories/departments
• Same phase of interview process
Designate Searchers
• One employee, small group or 3rd party
• Not hiring manager
Limit Scope
• Job-related, job-related, job-related
• Restrict to certain approved sites
• No age, race, religion, disabilities, genetics
or other protected info
ManpowerGroup | Tuesday, March 13, 2012 34
35. Everything You Ever Wanted to Know About Employment Law
Search Checklist
Disclose
• Notify candidates that may use SM
• Include on applications and other documents
Document
• Consistent process
• Note legitimate job-related reasons for not hiring
• Follow document retention policies
ManpowerGroup | Tuesday, March 13, 2012 35
36. Everything You Ever Wanted to Know About Employment Law
building the
perfect
social media
ManpowerGroup | Tuesday, March 13, 2012 policy 36
37. Everything You Ever Wanted to Know About Employment Law
10 Essential Elements
Tie to Vision + Handbook + Code
Set Clear + Reasonable Expectations
Define SM Brooooooooadly
Protect Trade Secrets/Confidentiality
Clarify Who Owns What
ManpowerGroup | Tuesday, March 13, 2012 37
38. Everything You Ever Wanted to Know About Employment Law
10 Essential Elements
No Disparagement/Harassment
Respect Copyrights
NLRA Disclaimer
Duty To Report Violations
“Up to and including discharge”
ManpowerGroup | Tuesday, March 13, 2012 38
39. Everything You Ever Wanted to Know About Employment Law
SM Policy Starter Kit
marktoth.com
Sample Policy
Other Fortune 500 Policies
SM 101 Articles
Latest From the NLRB
ManpowerGroup | Tuesday, March 13, 2012 39
40. Everything You Ever Wanted to Know About Employment Law
Smartest
medical
HR Person
in the Universe
COMPETITION
medical
medical
ManpowerGroup | Tuesday, March 13, 2012 40
41. Everything You Ever Wanted to Know About Employment Law
Is the U.S. Workforce STRESSSSSED Out?
81% of HR: more tired than ever
80% of medical expenses stress-related
60% increase in sedentary jobs
40% sleep-deprived
33% “chronically overworked”
32% increase in workweek
25% nap @ work
Sources: WorkForce Software, Harris Interactive, Workplace Power Outage Survey, Sage Software Survey, Urban Mobility
Report, Business Week, Families and Work Institute, Centers for Disease Control and Prevention, The New York Times
ManpowerGroup | Tuesday, March 13, 2012 41
42. Everything You Ever Wanted to Know About Employment Law
More Stress = More Lawsuits
The Bottom Line: $200-$300B lost each
year due to stress-related absenteeism,
burnout, decreased productivity, WC claims,
turnover and insurance costs.
The Lesson: Be nice to your employees.
Source: National Safety Council
ManpowerGroup | Tuesday, March 13, 2012 42
43. Everything You Ever Wanted to Know About Employment Law
What’s true about the ADAAA?
A. It’s easier to establish a covered “disability”
B. Mitigating measures can’t be considered
C. Episodic or remission conditions are covered
D. Individualized assessments are required
E. Rigid leave policies will get you in trouble
H. All of the above
ManpowerGroup | Tuesday, March 13, 2012 43
44. Everything You Ever Wanted to Know About Employment Law
What’s true about the ADAAA?
A. It’s easier to establish a covered “disability”
B. Mitigating measures can’t be considered
C. Episodic or remission conditions are covered
D. Individualized assessments are required
E. Rigid leave policies will get you in trouble
H. All of the above
ManpowerGroup | Tuesday, March 13, 2012 44
45. Everything You Ever Wanted to Know About Employment Law
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
ManpowerGroup | Tuesday, March 13, 2012 45
46. Everything You Ever Wanted to Know About Employment Law
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
ManpowerGroup | Tuesday, March 13, 2012 46
47. Everything You Ever Wanted to Know About Employment Law
Which of the following increase your chances of
getting sued under GINA?
A. Asking about family medical history
B. Terminating an employee after a positive test
C. Commingling medical and other information
D. Not adopting the EEOC’s “safe harbor” language
E. Discriminating against employees named Gina
F. All of the above except “E”
ManpowerGroup | Tuesday, March 13, 2012 47
48. Everything You Ever Wanted to Know About Employment Law
Which of the following increase your chances of
getting sued under GINA?
A. Asking about family medical history
B. Terminating an employee after a positive test
C. Commingling medical and other information
D. Not adopting the EEOC’s “safe harbor” language
E. Discriminating against employees named Gina
F. All of the above except “E”
ManpowerGroup | Tuesday, March 13, 2012 48
49. Everything You Ever Wanted to Know About Employment Law
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 I.V. 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?
ManpowerGroup | Tuesday, March 13, 2012 49
50. Everything You Ever Wanted to Know About Employment Law
Job Accommodation Network
jan.wvu.edu
800-526-7234
ManpowerGroup | Tuesday, March 13, 2012 50
51. Everything You Ever Wanted to Know About Employment Law
Today’s Format
What’s New?
Record # of Claims
Final ADA Rules
Leave Policy Scrutiny
OFCCP 7% Proposal
New Vet Disability and Diploma Guidelines
ManpowerGroup | Tuesday, March 13, 2012 51
52. Everything You Ever Wanted to Know About Employment Law
Today’s Format
Big Suits
$20M for Inflexible Leave
$8M for No Accommodation, Retaliation
$3M for No Accommodation, Retaliation
$2.6M for No Accommodation, Retaliation
A $1.39 Bag of Chips is Cheaper Than a Lawsuit
ManpowerGroup | Tuesday, March 13, 2012 52
53. Everything You Ever Wanted to Know About Employment Law
Today’s Format
What’s Next?
Don’t Be Inflexible
“Presumed” Disabilities
Interact, Interact, Interact
Accommodate, Accommodate, Accommodate
ManpowerGroup | Tuesday, March 13, 2012 53
54. Everything You Ever Wanted to Know About Employment Law
Smartest
HR Person
WAGE &
in the Universe
COMPETITION
HOUR
ManpowerGroup | Tuesday, March 13, 2012 54
55. Everything You Ever Wanted to Know About Employment Law
What celebrity was
recently sued for a
plethora of wage and
hour violations?
ManpowerGroup | Tuesday, March 13, 2012 55
56. Everything You Ever Wanted to Know About Employment Law
LADY
GAGA
ManpowerGroup | Tuesday, March 13, 2012 56
57. Everything You Ever Wanted to Know About Employment Law
What's New? The Latest
"Class Action Crescendo" Continues
Violations in 73% of Actions
DOL Timesheet App
IC "Amnesty"
Jail for Violators
Don't Mess with HR
ManpowerGroup | Tuesday, March 13, 2012 57
Sources: Department of Labor, Seyfarth Shaw
58. Everything You Ever Wanted to Know About Employment Law
What's Next? Hot Spots
IC Classifications
OT Classifications (especially Administrative)
Work @ Home
Pre-shift “Work” (Donning/Doffing, Logon/Logoff)
ManpowerGroup | Tuesday, March 13, 2012 58
59. Everything You Ever Wanted to Know About Employment Law
What's Next? Hot States
California
Illinois
Massachusetts
Minnesota
New Jersey
New York
Pennsylvania
Washington
ManpowerGroup | Tuesday, March 13, 2012 59
Source: Seyfarth Shaw
60. Everything You Ever Wanted to Know About Employment Law
Smartest
unions
HR Person
in the Universe
COMPETITION
unions
unions
ManpowerGroup | Tuesday, March 13, 2012 60
61. Everything You Ever Wanted to Know About Employment Law
Today’s Format
True or False: The NLRB only has
jurisdiction over unionized companies.
A. True
B. False
ManpowerGroup | Tuesday, March 13, 2012 61
62. Everything You Ever Wanted to Know About Employment Law
Today’s Format
True or False: The NLRB only has
jurisdiction over unionized companies.
A. True
B. False
ManpowerGroup | Tuesday, March 13, 2012 62
63. Everything You Ever Wanted to Know About Employment Law
In addition to Facebook firing cases, what else
has the NLRB been busy with in recent months?
A. Approving giant inflatable protest rats
B. Creating new union rights posters
C. Passing new union election rules
D. Reversing decisions to make it easier to unionize
E. All of the above and much much more
ManpowerGroup | Tuesday, March 13, 2012 63
64. Everything You Ever Wanted to Know About Employment Law
In addition to Facebook firing cases, what else
has the NLRB been busy with in recent months?
A. Approving giant inflatable protest rats
B. Creating new union rights posters
C. Passing new union election rules
D. Reversing decisions to make it easier to unionize
E. All of the above and much much more
ManpowerGroup | Tuesday, March 13, 2012 64
65. Everything You Ever Wanted to Know About Employment Law
What’s New?
“Recess” Appointments
"Ambush" Election Rules
Bigger Than the Supremes?
Union Rights Posting (Or Not)?
Fun with Facebook
ManpowerGroup | Tuesday, March 13, 2012 65
66. Everything You Ever Wanted to Know About Employment Law
Facebook Firings
Don’t discipline for
Be especially wary of
comments about wages
group comments
or work conditions
OK (maybe) to discipline Review policy to make
for comments unrelated sure not overbroad
to work conditions or out-of-date
ManpowerGroup | Tuesday, March 13, 2012 66
67. Everything You Ever Wanted to Know About Employment Law
Smartest
HR Person
in the Universe
COMPETITION
PICTURE
ManpowerGroup | Tuesday, March 13, 2012 67
68. Everything You Ever Wanted to Know About Employment Law
Your employees are thinking about
leaving your company right now.
A. True
B. False
ManpowerGroup | Tuesday, March 13, 2012 68
69. Everything You Ever Wanted to Know About Employment Law
Your employees are thinking about
leaving your company right now.
A. True
B. False
ManpowerGroup | Tuesday, March 13, 2012 69
70. Everything You Ever Wanted to Know About Employment Law
84%
of employees intend to
leave their employer in
2012
Source: Right Management
Toledo HR Association
ManpowerGroup | Tuesday, March 13, 2012 70
71. Everything You Ever Wanted to Know About Employment Law
If you had to boil all of
HR and employment law
down into ONE simple
word, what would it be?
ManpowerGroup | Tuesday, March 13, 2012 71
72. Everything You Ever Wanted to Know About Employment Law
LOVE
ManpowerGroup | Tuesday, March 13, 2012 72
73. Everything You Ever Wanted to Know About Employment Law
Official 2012 Stay Out Of Jail
ACTION
ITEMS
ManpowerGroup | Tuesday, March 13, 2012 73
74. Everything You Ever Wanted to Know About Employment Law
2012 ACTION ITEMS
► KNOW THE LAW
► FOCUS ON KEY PRIORITIES
• Known violations
• Systemic issues
• Wage & hour (especially pre-/post-shift, donning/doffing, work @ home)
• Medical leave (especially inflexible policies)
• Technology (policy, training, consistent enforcement)
► INVESTIGATE & DOCUMENT ALL CLAIMS
► BEWARE RETALIATION
► USE THE TOOL BOX
ManpowerGroup | Tuesday, March 13, 2012 74
75. Everything You Ever Wanted to Know About Employment Law
marktoth.com
@manpowerblawg
ManpowerGroup | Tuesday, March 13, 2012 75
76. Everything You Ever Wanted to Know About Employment Law
EMPLOYMENT LAW
SING-ALONG
ManpowerGroup | Tuesday, March 13, 2012 76
77. Everything You Ever Wanted to Know About Employment Law
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
ManpowerGroup | Tuesday, March 13, 2012 77
78. Everything You Ever Wanted to Know About Employment Law
Enforcement action’s expanding
And so is the NLRA
And the ADAAA
Isn’t going away
Get to know them now
Don’t delay
ManpowerGroup | Tuesday, March 13, 2012 78
79. Everything You Ever Wanted to Know About Employment Law
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
ManpowerGroup | Tuesday, March 13, 2012 79
80. Everything You Ever Wanted to Know About Employment Law
Don’t put things off ‘til tomorrow
Yes investigate right away
Don’t procrastinate
And don’t retaliate
Or the more you will have to pay
ManpowerGroup | Tuesday, March 13, 2012 80
81. Everything You Ever Wanted to Know About Employment Law
Technology may give you headaches
The feds they may knock on your door
But if you prepare
Be consistent and fair
They won’t ever bug you no more
ManpowerGroup | Tuesday, March 13, 2012 81
82. Everything You Ever Wanted to Know About Employment Law
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
ManpowerGroup | Tuesday, March 13, 2012 82
83. 83
Everything You Ever Wanted to Know About Employment Law
If your brain’s too full to remember
All the stuff we just covered above
There’s one simple word
That sums up what you heard
Love, Love, Love, Love, Love, Love,
LOVE!
ManpowerGroup | Tuesday, March 13, 2012 83
84. Everything You Ever Wanted to Know About Employment Law
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
ManpowerGroup | Tuesday, March 13, 2012 84
85. Everything You Ever Wanted to Know About Employment Law
THANK
YOU
ManpowerGroup | Tuesday, March 13, 2012 85
Notas del editor
This will not be your typical lawyer blah blahblah 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.
Because I’m a lawyer, I have to start w/some legalese. Here’s our official disclaimer …The presentation you are about to witness should not be relied upon or construed as legal advice. For specific information on recent legal developments, particular factual situations or the effect of a particular law, the opinion of qualified legal counsel should be sought. Failure to stay awake for the remainder of this presentation could result in potentially long-lasting side-effects, including litigation headaches, recurring nightmares and/or severe gastrointestinal discomfort from having to spend too much time with lawyers.And please please please consult with your own Legal and/or HR departments before making any major changes.In other words, you can’t sue me, ManpowerGroup or anyone else based on anything you hear today. You have been warned.
Unfortunately, that’s exactly what we see. [Cite recent examples.]
Deep thought. Don’t just adopt SM policy found online. 1 size mos def doesn’t fit all.If overbroad, could run afoul of NLRB rules.
Living breathing doc. Don’t let it die.
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.
And to make it worse, Harvard Business Review research suggests that a company’s stars are the first to be poached by competitors and are less likely to stay.