Everything You Ever Wanted to Know About Employment Law
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Everything You Ever Wanted to Know About Employment Law
- 1. Everything You Ever Wanted to Know About Employment Law (But Didn’t Want to Pay a Lawyer to Ask) Mark Toth Chief Legal Officer – North America May 16, 2012
- 2. Today’s AGENDA Smartest HR Person in the Universe Competition All the Latest Developments Stay Out of Jail To Do List Employment Law Sing-a-long Tool Box: $797.8 Billion in Tools & Tips ManpowerGroup | May 16, 2012 2
- 3. marktoth.com @manpowerblawg ManpowerGroup | May 16, 2012 3
- 4. Official Disclaimer The presentation you are about to witness should not be relied upon or construed as legal and/or medical advice. Failure to stay awake for the remainder of this presentation could result in potentially long-lasting side-effects, including severe disengagement, plummeting productivity, increased litigation and/or severe gastrointestinal discomfort from having to do all the work in your company because everyone else leaves. Please consult with your own HR and/or Legal departments before making any major policy and/or procedure changes. You have been warned. ManpowerGroup | May 16, 2012 4
- 5. SMARTEST HR PERSON IN THE UNIVERSE COMPETITION ManpowerGroup | May 16, 2012 5
- 6. LAWSUITS LAWSUITS LAWSUITS ManpowerGroup | May 16, 2012 66
- 7. 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 | May 16, 2012 7
- 8. 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 | May 16, 2012 8
- 9. 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 | May 16, 2012 9
- 10. 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 | May 16, 2012 10
- 11. 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 | May 16, 2012 11
- 12. 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 | May 16, 2012 12
- 13. What‟s the #1 most common discrimination claim? A. Age B. National Origin C. Race D. Retaliation E. Sex ManpowerGroup | May 16, 2012 13
- 14. 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 | May 16, 2012 14
- 15. 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 | May 16, 2012 15
- 16. 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 | May 16, 2012 16
- 17. 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 | May 16, 2012 17 Sources: EEOC, Jury Verdict Research
- 18. 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 | May 16, 2012 18
- 19. 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 | May 16, 2012 19
- 20. 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 | May 16, 2012 20
- 21. TECHNOLOGY TECHNOLOGY TECHNOLOGY ManpowerGroup | May 16, 2012 2121
- 22. 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 | May 16, 2012 22
- 23. Same old laws … Non-discrimination Adverse impact FCRA GINA NLRA Negligent Hiring Off-duty Conduct Arrest & Conviction Record ManpowerGroup | May 16, 2012 23
- 24. Same old test … job- job- related related job- related ManpowerGroup | May 16, 2012 24
- 25. Latest Stats: Employees 62% “couldn’t live without the Internet” 53% would rather lose nose than Facebook 48% 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 Sources: Cisco, Pew Research Center, McCann WorldGroup, Nielsen, DLA Piper ManpowerGroup | May 16, 2012 25
- 26. 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 | May 16, 2012 26
- 27. 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 Source: Cisco ManpowerGroup | May 16, 2012 27
- 28. 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 ManpowerGroup | May 16, 2012 28
- 29. What Are Employers Really Using? 95% LinkedIn 58% Facebook 42% Twitter 29% Professional/Association Sites 3% MySpace 1% Foursquare 1% Second Life 6% Other Source: SHRM ManpowerGroup | May 16, 2012 29
- 30. 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 Source: Mindflash ManpowerGroup | May 16, 2012 30
- 31. 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 | May 16, 2012 31
- 32. 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 | May 16, 2012 32
- 33. 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 | May 16, 2012 33
- 34. 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 | May 16, 2012 34
- 35. 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 | May 16, 2012 35
- 36. building the perfect social media ManpowerGroup | May 16, 2012 policy 36
- 37. 10 Essential Elements Tie to Vision + Handbook + Code Set Clear + Reasonable Expectations Define SM Brooooooooadly Protect Trade Secrets/Confidentiality Clarify Who Owns What ManpowerGroup | May 16, 2012 37
- 38. 10 Essential Elements No Disparagement/Harassment Respect Copyrights NLRA Disclaimer Duty To Report Violations “Up to and including discharge” ManpowerGroup | May 16, 2012 38
- 39. SM Policy Starter Kit Sample Policy Other Fortune 500 Policies SM 101 Articles Latest From the NLRB ManpowerGroup | May 16, 2012 39
- 40. MEDICAL MEDICAL MEDICAL ManpowerGroup | May 16, 2012 4040
- 41. 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 1 in 25 bosses is a certified psychopath Sources: Business Week, Gallup, American Psychological Association, Business Week, Families and Work Institute, Centers for Disease Control and Prevention, The Journal of Science, Wake Forest University, National Safety Council ManpowerGroup | May 16, 2012 41
- 42. 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 | May 16, 2012 42
- 43. 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 | May 16, 2012 43
- 44. 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 | May 16, 2012 44
- 45. 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 | May 16, 2012 45
- 46. 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 | May 16, 2012 46
- 47. 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 | May 16, 2012 47
- 48. 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 | May 16, 2012 48
- 49. 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 | May 16, 2012 49
- 50. JOB ACCOMMODATION NETWORK jan.wvu.edu 800-526-7234 ManpowerGroup | May 16, 2012 50
- 51. 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 | May 16, 2012 51
- 52. Today‟sSuits Big Format $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 | May 16, 2012 52
- 53. Today‟s Format What‟s Next? Don‟t Be Inflexible “Presumed” Disabilities Interact, Interact, Interact Accommodate, Accommodate, Accommodate ManpowerGroup | May 16, 2012 53
- 54. WAGE & HOUR WAGE & HOUR WAGE & HOUR ManpowerGroup | May 16, 2012 5454
- 55. What celebrity was recently sued for a plethora of wage and hour violations? ManpowerGroup | May 16, 2012 55
- 56. LADY GAGA ManpowerGroup | May 16, 2012 56
- 57. 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 | May 16, 2012 57 Sources: Department of Labor, Seyfarth Shaw
- 58. What's Next? Hot Spots IC Classifications OT Classifications (especially Administrative) Work @ Home Pre-shift “Work” (Donning/Doffing, Logon/Logoff) ManpowerGroup | May 16, 2012 58
- 59. What's Next? Hot States California Illinois Massachusetts Minnesota New Jersey New York Pennsylvania Washington ManpowerGroup | May 16, 2012 Source: Seyfarth Shaw 59
- 60. UNIONS UNIONS UNIONS ManpowerGroup | May 16, 2012 6060
- 61. True or False: The NLRB only has jurisdiction over unionized companies. A. True B. False ManpowerGroup | May 16, 2012 61
- 62. True or False: The NLRB only has jurisdiction over unionized companies. A. True B. False ManpowerGroup | May 16, 2012 62
- 63. 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 | May 16, 2012 63
- 64. 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 | May 16, 2012 64
- 65. What‟s New? "Ambush" Election Rules Bigger Than the Supremes? Union Rights Posting (Or Not)? Fun with Facebook ManpowerGroup | May 16, 2012 65
- 66. 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 | May 16, 2012 66
- 67. PICTURE
- 68. What % of employees are engaged? A. -9% B. 29% C. 49% D. 69% E. 89% ManpowerGroup | May 16, 2012 68
- 69. What % of employees are engaged? A. -9% B. 29% C. 49% D. 69% E. 89% Source: Gallup ManpowerGroup | May 16, 2012 69
- 70. If you had to boil all of HR and employment law down into ONE simple word, what would it be? ManpowerGroup | May 16, 2012 70
- 71. LOVE
- 72. Official 2012 Stay Out Of Jail ACTION ITEMS ManpowerGroup | May 16, 2012 72
- 73. 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 | May 16, 2012 73
- 74. marktoth.com @manpowerblawg ManpowerGroup | May 16, 2012 74
- 76. 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 | May 16, 2012 76
- 77. 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 | May 16, 2012 77
- 78. 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 | May 16, 2012 78
- 79. 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 | May 16, 2012 79
- 80. 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 | May 16, 2012 80
- 81. 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 | May 16, 2012 81
- 82. 82 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, LOV E! ManpowerGroup | May 16, 2012 82
- 83. 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 | May 16, 2012 83
- 84. marktoth.com @manpowerblawg ManpowerGroup | May 16, 2012 84
- 85. THANK YOU! May 16, 2012
Editor's Notes
- 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.
- Tool Box available on Blawg today. Cheat sheets on every major law, sample SM policy, termination tools, interview checklist, even a handy glossary to the EL alphabet soup.Really want you to get your money’s worth today.
- Here’s our official blog address where you can find the Tool Box plus this PPT plus a whole lot more.And where to find me on Twitter. At tables should have sign up sheet for our bi-weekly “Stay Out of Jail” EL Alerts where we try to boil all the latest happenings in the EL universe onto a single page. If not, you can sign up on the Blawg.
- 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 pleaseplease 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.
- OK, ready to get started? To get the competitive juices flowing, we’re going to start off with the time-honored sports tradition of the wave. But this is not just any wave. This is a competitive wave. Whichever team does it the most enthusiastically will start off our competition with 5 special bonus points. Demo (whee!).
- Start with my personal favorite category. Lawsuits lawsuitslawsuits. No better place to start than with actual facts of who’s suing whom for what and how much. Great reality check for just how much you should be afraid and why.
- Nearly 100,000 cplts filed with EEOC. Most in 45-yr hx.
- First time ever. Overtook race.
- Anyone here do any biz in CA? My legal advice? MOVE.
- Here’s a handy chart we put together based on the latest EEOC data, jury verdict research and other sources.If you have a single P and no horrible facts (which could include anything from an exec perpetrator, to really lewd allegations, to no policy or training or no investigation or a physical assault and/or retaliation), expect to pay anywhere from $0 to 50 thousand to settle. That’s 32% of the cases out there.If you have a single P with some horrible facts, expect to pay $51-100K. 28% of the cases.Expect to pay between $100K to 1 million for any systemic case and/or horrible facts. The more you have of either, the closer you’ll be to the million mark. 39% of cases.Million-plus cases are those with a BIG pattern and/or realllly horrible facts. Only 1% of cases.
- So, to sum up what’s NEW on the lawsuit front, it’s two little words: MORE MORE. There’s:More enforcement. Govt continues to commit unparalleled resources to enforcement. Up for 3rd straight year.More lawsuits: 1 out of every 5 companies has more than 50 pending EL disputes.More big lawsuits: 4 out of every 10 large companies has at least one suit seeking $20 million or more.More investigations: a whopping 91% say they expect investigations to increase or stay the same this year with only 9% anticipating a decrease.And more costs: the median litigation spend was up 40% in the past year, to $1.4 million.Yikes. (That’s a legal term.)
- On the more pro-employee side of things:Court extended Title VII’s retaliation protection to significant others as well as internal complaints.Cat’s Paw. Anyone explain. Supremes OK’d the cat’s paw theory of liability which basically says that an innocent employer who uses an unbiased investigator can still be held liable for the discriminatory animus of a supervisor. The message: Don’t have evil supervisors.On the more pro-employER side:First one, the much ballyhooed Dukesv WalMart case was HUGE for employers. Basically, the Court ruled that to have a nationwide class action you have to have a truly nationwide claim. For example, if you have a national, uniformly applied testing policy or other company-wide evaluation method that’s truly discriminatory, a national class might work. But where regional or local managers can exercise some discretion which is almost always the case, a national class isn’t appropriate. Employers rejoiced but it doesn’t mean the end of CAs, just unfair national ones. Could actually mean more regional, state or local Cas, which some are seeing as we speak.The next item is hot off the presses. In itsfirst EL case of 2012, the Court decided that if you run a religious organization you don’t have to hire an atheist as a minister. Pretty logical.And last, the Court said it was OK for employers to require employees to waive class action rights in arbitration agreements. Employers again rejoiced and started signing up EEs for arbitration but now the NLRB appears to have trumped: ULP. SCT again. 3-2So, if you’re keeping score, it was 3-2 in favor of employers at the Supreme Court in the past year.
- So, what’s next? More MoreMORE. Even more enforcement, class actions and litigation costs are projected in 2012.
- Unfortunately, that’s exactly what we see. [Cite recent examples.]
- In other words, pick the best qualified candidate based on the job’s essential functions. Do that, you’re fine. Don’t, you’re not.
- Blizzard of stats that change virtually every day. Think SM isn’t changing things fast? (Read ‘em quickly.)
- Here’s a question based on a recent survey (read) …
- 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 20-year-old twins, I’m officially concerned for the future of our world.
- Employer stats are fascinating and fast-changing, too. (Read ‘em.)Last # more than doubled worldwide vs. last year. More than twice as many companies banning SM than a year ago.
- Changing approximately every 0.3 seconds.Have a rsbl policy that doesn’t violate the NLRA AND consistently enforce it. Will talk about how to build a policy that fits your company in a moment.Practically everybody’s got one by now but almost no one enforces it.Consider SM agreements, esp for bloggers. Case a few weeks involving a company called PhoneDog in which dispute arose over who owned a departed employee’s 17,000 twitter followers: company or departed tweeter? Er in that case won temporary victory (on appeal) but why mess around? Have policy and signed agmt saying owned by co. and that all passwords, etc. relinquished at end of empt.Educate team BEFORE there are issues.
- Again, Be ConsistentTreat applicants equallyApply searches to ALL applicants or at least specified categories or departmentsUse at the same phase of the interview process to ensure consistencyDesignate Searchers who actually know what they’re doingChoose one employee, or a very small group or a neutral 3rd party that’s trained in how to do thisPlease don’t use the hiring manager – they might discover all sorts of things you wish they hadn’tLimit the Scope of the searchAs always, the focus should be job-related, job-related, job-related. If it’s not, don’t do it.Of course, don’t search or consider any protected informationAnd restrict searches to certain approved sites
- Disclose – tell applicants if you’re going to use SM to screen on applications, etc.And document documentdocument -- the consistent process, the legit biz reasons for not hiring and then retain those docs consistent with your retention policies and never ever destroy evidence.
- Deep thought. Don’t just adopt SM policy found online. 1 size mosdef doesn’t fit all.If overbroad, could run afoul of NLRB rules.
- Living breathing doc. Don’t let it die.
- We’re killing our employees. Literally. One of the worst stories in this regard was out of CA, where QUOTE “a county worker’s lifeless body sat slumped over her desk for hours, but no one noticed that she had died until the next day.” Wow. What’s the world coming to?
- 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.
- It’s scientifically proven. Study after study shows that workers who feel valued by their employers are more engaged,better team players, more productive and — as an added bonus — waaaaaaaaaaaaaaaay less likely to sue. In fact, a study someone forwarded me just yesterday found that 87% of employees want a company “that truly cares about the well being of its employees” whereas only 66% said a high salary was very important.So … Want fewer lawsuits? LOVE your employees. Want fewer unions? LOVE your employees. Want less government regulation and investigation? LOVE your employees. Want more engagement, productivity, retention AND profit? LOVE your employees. Things are pretty rough out there. Treat everyone around you the way you’d like to be treated – with dignity,respect … and LOVE.It’s really that simple.
- It’s scientifically proven. Study after study shows that workers who feel valued by their employers are more engaged,better team players, more productive and — as an added bonus — waaaaaaaaaaaaaaaay less likely to sue. In fact, a study someone forwarded me just yesterday found that 87% of employees want a company “that truly cares about the well being of its employees” whereas only 66% said a high salary was very important.So … Want fewer lawsuits? LOVE your employees. Want fewer unions? LOVE your employees. Want less government regulation and investigation? LOVE your employees. Want more engagement, productivity, retention AND profit? LOVE your employees. Things are pretty rough out there. Treat everyone around you the way you’d like to be treated – with dignity,respect … and LOVE.It’s really that simple.
- Know the law. Keep coming to our webinars and visiting our humble little Blawg. Please.Focus on Key Priorities. Tackle these before you tackle anything elseFirst, if you’re aware of a known violation, fix it now.Next, address any potentially systemic issues, especially wage and hour in the areas listed on your screen.Then, make sure your medical leave policies aren’t of the rigid inflexible variety like we discussedAnd then make sure you have a solid technology policy and training that is consistently enforcedAlways investigate and document ALL claimsBeware the newly expanded retaliation rulesPlease pleaseplease use our Tool Box, filled with lots of good stuffIf you really want to make it simple, here’s this entire presentation in one little word …
- Here’s our official blog address and, again, where to find me on Twitter. Will get follow-up info on how to sign up for our biweekly EL Alerts or you can always sign up by visiting the Blawg and clicking on “Subscribe.”
- Volutneer button pusher?
- As always, thanks so much for your time and input. We really appreciate it!