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New Mexico SHRM Presentation

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New Mexico SHRM Presentation

  1. 1. Everything You Ever Wanted to Know About (But Didn’t Want to Pay a Lawyer to Ask) Mark Toth Chief Legal Officer – North AmericaFebruary 25, 2013
  2. 2. Stay Out Of Jail in 2013SMARTEST HR STAY OUT 187% SING-A- PERSON WHAT‟S OF JAIL FREE LONG IN THE NEW? TO DO TOOL SONGUNIVERSE LIST BOX CONTEST
  3. 3. Official DisclaimerThe presentation you are about to witness is intendedas general commentary only and should not be relied upon or construed as legal advice. The views expressed are solely those of the presenter and not of ManpowerGroup. Failure to stay awake for the entirety of thispresentation could result in long-lasting side-effects, including litigation headaches, recurring nightmaresand/or severe gastrointestinal discomfort from having to spend too much time with lawyers. Please consult with your own HR and Legal departments before making any major policy and/or procedure changes. You have been warned.
  4. 4. Sign up for my free alerts: at your tables Follow me on Twitter: @manpowerblawg Visit my Blawg: marktoth.com
  5. 5. 187% Free Stuff
  6. 6. Open 24 / 7 / 365.25 World’s Most Fabulous Employment Law LIBRARY
  7. 7. Smartest HR Person in the Universe CONTEST
  8. 8. The BIG picture
  9. 9. What percentage of employees would fire their bosses right now? A. 36% B. 56% C. 76% D. 96%ManpowerGroup | February 25, 2013 9
  10. 10. What percentage of employees would fire their bosses right now? A. 36% B. 56% C. 76% D. 96% Source: Monster.comManpowerGroup | February 25, 2013 10
  11. 11. What percentage of your employees are thinking about leaving your company right now? A. 26% B. 46% C. 66% D. 86%ManpowerGroup | February 25, 2013 11
  12. 12. What percentage of your employees are thinking about leaving your company right now? A. 26% B. 46% C. 66% D. 86% Source: Right ManagementManpowerGroup | February 25, 2013 12
  13. 13. 1/25 bosses = psycho 80% 32% sedentary workweek increase $300B 33% 62% chronically workload overworked increase Sources: Dr. Paul Babiak, Pennington Biomedical Research Center, Kronos, Families & Work Institute, Harris InteractiveManpowerGroup | February 25, 2013 13
  14. 14. The Bottom Line: Employees are really very extremely incredibly disgruntled.ManpowerGroup | February 25, 2013 14
  15. 15. The Goal: Get your employees gruntled.ManpowerGroup | February 25, 2013 15
  16. 16. If you had to boil all of employment law down to one word, what would it be?ManpowerGroup | February 25, 2013 16
  17. 17. ManpowerGroup | February 25, 2013 17
  18. 18. How to GET SUED big now
  19. 19. True or False? Employers win more employment lawsuits than they lose. A. True B. FalseManpowerGroup | February 25, 2013 19
  20. 20. True or False? Employers win more employment lawsuits than they lose. A. True B. False Source: Jury Verdict ResearchManpowerGroup | February 25, 2013 20
  21. 21. 49% Source: Jury Verdict ResearchManpowerGroup | February 25, 2013 21
  22. 22. What Are Your Odds? ALL AGE DISABILITY RACE SEX 49% 60% 56% 50% 36% Source: Jury Verdict ResearchManpowerGroup | February 25, 2013 22
  23. 23. What‟s the #1 most common discrimination claim? A. Age B. Disability C. Race D. Retaliation E. SexManpowerGroup | February 25, 2013 23
  24. 24. What‟s the #1 most common discrimination claim? A. Age B. Disability C. Race D. Retaliation E. SexManpowerGroup | February 25, 2013 24
  25. 25. Hiring Vulnerable Pregnancy Workers EEOCHarassment ADA Access to Legal LGBT System
  26. 26. DEALor no?
  27. 27. Everything You Ever Wanted to Know About Employment Law (But Didn’t Want to Pay a Lawyer to Ask) How Much Will YOU Pay? 1% 32% 28% 39%$100K-$1M $1M+$1M+ $0-$50K $51-$100K Pattern +/or Big pattern +/or $100K-$1M Big pattern 1 plaintiff + 1 plaintiff + Pattern really horrible reeeeeeeally $51-$100K +/or +/or reallllllly no horrible facts horrible facts really horrible facts horrible facts 1 plaintiff + facts horrible facts horrible facts Sources: EEOC, Jury Verdict Research© 2011 ManpowerGroup 27
  28. 28. Everything You Ever Wanted to Know About Employment Law (But Didn’t Want to Pay a Lawyer to Ask)Get Plaintiffs‟ Lawyers to LOVE You Lie Discipline inconsistently Investigate + document Ignore your poorly policies Ignore the law© 2011 ManpowerGroup 28
  29. 29. Everything You Ever Wanted to Know About Employment Law (But Didn’t Want to Pay a Lawyer to Ask) Is the NLRB Dead?© 2011 ManpowerGroup 29
  30. 30. Everything You Ever Wanted to Know About Employment Law (But Didn’t Want to Pay a Lawyer to Ask) True or False? The NLRB only has jurisdiction over unionized companies. A. True B. False© 2011 ManpowerGroup 30
  31. 31. Everything You Ever Wanted to Know About Employment Law (But Didn’t Want to Pay a Lawyer to Ask) True or False? The NLRB only has jurisdiction over unionized companies. A. True B. False© 2011 ManpowerGroup 31
  32. 32. Everything You Ever Wanted to Know About Employment Law (But Didn’t Want to Pay a Lawyer to Ask) BREAKING NEWS BREAKING NEWS NLRB Appointments NLRB APPOINTMENTS Unconstitutional UNCONSTITUTIONAL© 2011 ManpowerGroup 32
  33. 33. Everything You Ever Wanted to Know About Employment Law (But Didn’t Want to Pay a Lawyer to Ask) True or False? Union membership declined more in President Obama‟s first term than in President Bush‟s two terms combined. A. True B. False© 2011 ManpowerGroup 33
  34. 34. Everything You Ever Wanted to Know About Employment Law (But Didn’t Want to Pay a Lawyer to Ask) True or False? Union membership declined more in President Obama‟s first term than in President Bush‟s two terms combined. A. True B. False Source: Bureau of Labor Statistics© 2011 ManpowerGroup 34
  35. 35. Everything You Ever Wanted to Know About Employment Law (But Didn’t Want to Pay a Lawyer to Ask) 11.2% Source: Bureau of Labor Statistics© 2011 ManpowerGroup 35
  36. 36. Everything You Ever Wanted to Know About Employment Law (But Didn’t Want to Pay a Lawyer to Ask) On Hold “Quickie” Union rights election Everything? posting rules© 2011 ManpowerGroup 36
  37. 37. Everything You Ever Wanted to Know About Employment Law (But Didn’t Want to Pay a Lawyer to Ask) Get SOCIAL MEDIA now© 2011 ManpowerGroup 37
  38. 38. Everything You Ever Wanted to Know About Employment Law (But Didn’t Want to Pay a Lawyer to Ask) 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.© 2011 ManpowerGroup 38
  39. 39. Everything You Ever Wanted to Know About Employment Law (But Didn’t Want to Pay a Lawyer to Ask) True or False? Absolutely False.© 2011 ManpowerGroup 39
  40. 40. Everything You Ever Wanted to Know About Employment Law (But Didn’t Want to Pay a Lawyer to Ask) Same Old Test job- job- related related job- related© 2011 ManpowerGroup 40
  41. 41. Everything You Ever Wanted to Know About Employment Law (But Didn’t Want to Pay a Lawyer to Ask) 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© 2011 ManpowerGroup Nielsen, DLA Piper 41
  42. 42. How do those about to enter theworkforce rank the following in orderof importance?A. Social Activities, Romance, Music, InternetB. Internet, Social Activities, Romance, MusicC. Music, Social Activities, Internet, RomanceD. Romance, Internet, Music, Social Activities
  43. 43. How do those about to enter theworkforce rank the following in orderof importance?A. Social Activities, Romance, Music, InternetB. Internet, Social Activities, Romance, MusicC. Music, Social Activities, Internet, RomanceD. Romance, Internet, Music, Social ActivitiesSource: Cisco
  44. 44. 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
  45. 45. Which of the following is NOT an actualemployee 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.”
  46. 46. Which of the following is NOT an actualemployee 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.”
  47. 47. Social Media Starter Kit
  48. 48. ADA, FMLA, HIPAA, OSHA … YIKES!
  49. 49. Yikes No More
  50. 50. What‟s the #1 most headache-inducing law for employers right now?
  51. 51. FMLA
  52. 52. MOST CREATIVE EXCUSES FOR MISSING WORK “My dog had a nervous breakdown.” “My toe was stuck in a faucet.” “I was upset after watching The Hunger Games.” “I was bitten by a bird.." “I was sick from reading too much.” “My sobriety tool kept my car from starting.” “My hair turned orange.” “I forgot you hired me.” 2012‟s “I was suffering from a broken heart.” Source: CareerBuilderManpowerGroup | February 25, 2013 52
  53. 53. New FMLA Guidelines for Adult Children Care Facebook Festival Frolic = FMLA Fraud Firing New DOL FMLA guideManpowerGroup | February 25, 2013 53
  54. 54. FMLA in Plain EnglishManpowerGroup | February 25, 2013 54
  55. 55. New ADA Workforce Recruitment Program ADA-inclusive Workplace Tutorial Domestic Violence Q&A Teachers with pedophobia?ManpowerGroup | February 25, 2013 55
  56. 56. ADA How NOT To Have an Put dumb Make snap Don‟t Don‟t inflexible stuff in judgments interact accommodateleave policy writingManpowerGroup | February 25, 2013 56
  57. 57. Discuss Discuss Discuss DiscussManpowerGroup | February 25, 2013 57
  58. 58. New OSHA February 1: OSHA 300A Coming soon: 1,260 Inspections Additional infectious disease regs? Injury & Illness Prevention Program (I2P2) Stricter reporting obligationsManpowerGroup | February 25, 2013 58
  59. 59. New HIPAA New final omnibus rule September 23: New privacy notices Amend business associate agreements Not all violations = security breachesManpowerGroup | February 25, 2013 59
  60. 60. 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 talkinggibberish, 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 | February 25, 2013 60
  61. 61. 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 talkinggibberish, 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 | February 25, 2013 61
  62. 62. An employee comes into your office at 4:59 on a Friday and informs you that he suffers from multiplemedical conditions, including “work-induced narcolepsy,” “spontaneous combustion syndrome” and “episodic cubicle-confinement hyper-grumpiness.” He demands several accommodations, including: (1) a portable IV 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 | February 25, 2013 62
  63. 63. JOB ACCOMMODATION NETWORK jan.wvu.edu 800-526-7234ManpowerGroup | February 25, 2013 63
  64. 64. Avoid the WAGE & HOUR abyssManpowerGroup | February 25, 2013 64
  65. 65. What celebrity was recently sued for a plethora of wage and hour violations?ManpowerGroup | February 25, 2013 65
  66. 66. LADY GAGAManpowerGroup | February 25, 2013 66
  67. 67. FLSA Hot Spots OT Classifications Pre-shift “Work” Independent contractor classifications Work @ home California, California, CaliforniaManpowerGroup | February 25, 2013 67
  68. 68. Stay out of JAIL
  69. 69. Prison in 2013 PlanDon„t open the Tool BoxDon‟t visit the EL LibraryDon‟t sign up for Mark‟s alertsDon‟t follow Mark on TwitterDon‟t visit the Blawg every 0.3 seconds
  70. 70. Prison-free in 2013 Plan KNOW THE LAW FOCUS ON KEY PRIORITIES Known violations Systemic issues Wage & hour EEOC priorities INVESTIGATE & DOCUMENT ALL CLAIMS BEWARE RETALIATION LOVE YOUR EMPLOYEES
  71. 71. Employment Law SING-A-LONGManpowerGroup | Halloween 2012
  72. 72. 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 jailManpowerGroup | Halloween 2012
  73. 73. Don‟t put things off til tomorrow Yes investigate right away Don‟ procrastinate And don‟t retaliate Or the more you will have to payManpowerGroup | Halloween 2012
  74. 74. Remember this song And you‟ll never go wrongYes we wish you the best on your journeys You‟ll stay out of court And you won‟t have to pay no attorneysManpowerGroup | Halloween 2012
  75. 75. Technology may give you headachesAnd the feds they may knock on your door But if you prepare Be consistent and fair They won‟t ever bug you no moreManpowerGroup | Halloween 2012
  76. 76. If your brain‟s too full to remember All the stuff we just covered above There‟s one little word That sums up what you heard Love love love love love love LOVE!ManpowerGroup | Halloween 2012
  77. 77. So, remember this song And you‟ll never go wrongYes we wish you the best on your journeys You‟ll stay out of court And you won‟t have to pay no attorneysManpowerGroup | Halloween 2012
  78. 78. February 25, 2013
  79. 79. February 25, 2013

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