1.19 clo peoplefluent_final_slides

Speaker: Janine Yancey

CEO emTRAiN

Julia Mendez Principal Business Consultant Peoplefluent

Moderator: Mike Prokopeak

Vice President, Editorial Director Chief Learning Officer magazine

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Effective Training Programs to Mitigate Compliance Risks in 2012

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Janine Yancey CEO emTRAiN Julia Mendez Principal Business Consultant Peoplefluent


2012 Employment Law Update | 7


Janine Yancey CEO, emTRAiN

Julia Mendez

Principal Business Consultant

01/19/12

| Confidential

Agenda

1 Top 2012 Compliance Issues To Have On Your Radar

2 How Training Can Mi=gate Your Risks

4 Tips To Build A Solid Compliance Training Program

3 Elements of an Effec=ve Training Program

| Confidential

2012 TOP COMPLIANCE ISSUES

Wage & Hour

EEOC Developments

Federal Contractor

s

Social Media Twist

| Confidential

Independent contractor versus employee?

California’s SB 459 – Worker MisclassificaAon

DOL, WHD – Worker MisclassificaAon IniAaAve

Ensure proper classificaAon of exempt or non-‐exempt

WAGE & HOUR CONCERNS

| Confidential

WAGE & HOUR ISSUES Exempt – professional, administraAve, managerial

Have a good Ame tracking system

California’s Brinker case

Meal & rest periods – ensured or provided? Stay tuned

| Confidential

Polling Ques=on #1 In your organiza=on, can managers hire independent contractors without a review by HR? o  Yes o  No o  SomeAmes

| Confidential

EEO DEVELOPMENTS

EEOC ScruAnizing Use of Credit Reports in

Hiring Process

California’s AB 22 – No Credit Reports

Allowed.

| Confidential

Social Media & the NLRB

•  NLRB protects employees’ (union & non-‐union) right to organize and improve working condiAons

•  Unfair labor charges against non-‐union employers who discipline for social media comments

•  Unfair labor charges against employers with

overbroad social media policies

| Confidential

FEDERAL CONTRACTOR CONCERNS

Current standard = Good Faith Efforts to Level the Playing Field

December 2011 – Director Shiu of OFCCP said, “Good faith

efforts are simply not working.”

Proposed regulaAons – hiring goals, mandated training,

disseminate policy.

| Confidential

Training on Affirma=ve Ac=on Program

EEO/ Discrimina=on

ADA

Ethics & Code of Conduct Drug &

Alcohol Awareness

FEDERAL CONTRACTOR TRAINING

REQUIREMENTS

| Confidential

Current Federal Training Requirements

1

2

Employees

Managers

Understand rights & responsibiliAes in the

workplace

Understand their role in enforcing the

policies

| Confidential

Framework for Compliance Training

– Faragher v. City of Boca Raton – Burlington Industry, Inc. v. Ellerth – Kolstad v. American Dental Association

| Confidential

Polling Ques=on #2 How does your organiza=on currently conduct training? o  In person/classroom style o  Online o  CombinaAon on-‐line & in person o  We don’t provide training


State & Federal Case Law On Training

Gaines v. Bellino

(2002 NJ Supreme Court Case)

1

Policy Not Enough

Allen v. A Staffing

Company (2010 NJ Appellate Case)

2

Proof of Training at All Levels

Bishop v. Woodbury Clinical

Laboratory (M.D. Tenn 2010)

3

Understanding of Policy

Bains v. ARCO Products Company

(9th Cir., 2005)

4

Failure to Train Cost $5M

| Confidential

Administrative Oversight

Department of Labor

Equal Employment Opportunity Commission

State Agencies

EFFECTIVE TRAINING PROGRAM

• Reviews all training records

• Federal Contractors have an affirmaAve duty

• Reviews all training records

• DFEH v. Lyddan Law Group

• Fined employer for failure to train

| Confidential

Recent OFCCP Request

o  Copies of any training documents – training managers etc. in the AAP obliga=ons. o  Provide copies of all job/posi=on descrip=ons.

| Confidential

Polling Ques=on #3 What could you show an inves=gator or lawyer to prove your “good faith efforts” for a legal workplace? o  Paper “sign-‐in” sheet of classroom adendees o  Email confirmaAon of enrollment in class o  Employee’s signature on a policy o  We don’t have proof o  I don’t know


Build a Case for Your Training Program

EFFECTIVE TRAINING.

Iden=fy gap between policies & training modules

RISK MANAGEMENT.

| Confidential

Risks versus Rewards of Not Training

1.  Meets “good faith effort” / “reasonable care”

2.  Promotes professional work-‐environment

3.  Persuades invesAgators that you’re a good employer

Training 1.  No defense in audit,

claim, or liAgaAon 2.  Unprofessional

acAviAes in the workplace

3.  Poor image of irresponsible employer.

No Training

| Confidential

Elements of an Effective Training Program

1 • Easy to deploy across organiza=on

2 • Easy for learners to take

3 • Effec=ve & engaging learning

4 • Easy to administer

5 • Strong evidence & record-‐keeping

| Confidential

Thank You!

For more information on Compliance or Training Solutions:

Visit: www.peoplefluent.com Email: [email protected]

Call: 800.782.1818, option 3

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1.19 clo peoplefluent_final_slides

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