3 must-have training courses for 2013

3 Must-Have Training Courses for 2013

Speaker: Lynn D. Lieber, Esq.Workplace Answers

Twitter: #HRCompliance @WorkplaceAnswer

Training Essentials for 2013

Unlawful Harassment & Retaliation

Discrimination/EEO & Retaliation

Wage & Hour Law

Presenter

Presentation Notes

These are the 3 topics you must be training on

http://www.workplaceanswers.com/harassment-and-discrimination-prevention/

http://www.workplaceanswers.com/wage-and-hour/

http://www.workplaceanswers.com/3-must-have-training-courses-for-2013/



Framework for Compliance Training

EEOC Guidelines

“…the employer should provide training to all employees…”

Faragher v. City of Boca Raton &

Burlington Industry, Inc. v. Ellerth

“Exercise reasonable care”

= training

Kolstad v. American Dental Association

All managers must be trained

in “Title VII principles”…

“Good faith efforts”


Why Training Is So Important

EmployersEmployee-friendly laws

Supervisors untrained in discipline,

termination, layoffs, etc.

Plaintiff perceives unfair treatment; attorney finds a

protected category or legal violation

Increased administrative

enforcement on all levels

Heightened ethical scrutiny &

vehement public opinion

Reputational damage in Internet

age when all becomes public

instantly


The Cornerstone of Compliance Training

Unlawful Harassment



Harassment Training Should Cover

Protected individuals Up-to-date protected categories – GINA, weight Definitions regarding Unlawful Harassment Social media & internet Examples of what is & is NOT Unlawful Harassment Confidentiality on a “need-to-know” basis Third parties No retaliation for complaint, by org, supervisors, co-

workers Reporting procedures for bringing complaint


What Managers Need to Know

What constitutes a complaint of unlawful

behavior, rule violation, or wage violation

How to receive such a claim

What to say to the employee giving the

claim

What behavior can constitute retaliation

That retaliation laws now apply to third

parties

What will happen nextThat the employee will

not be retaliated against


Increased Enforcement & More Protected Categories

Discrimination/EEO



EEO Developments

New Protected ClassesWeight Discrimination

• Morbid obesity can qualify as a “disability” under the ADA

• Reasonable accommodations, hiring discrimination & other concerns

Gender Identity• A person’s appearance,

expression, or behavior of their gender, regardless of their assigned sex at birth

• Dress codes, grooming standards & bathroom/ locker room usages


EEO Topics to Train

Title VII ADEA ADA & ADAAA PDA EPA FMLA Managing to Prevent Discrimination in Your

Workplace Terms & Conditions of Employment


The Greatest Employment Law Risk

Wage & Hour Law

http://www.workplaceanswers.com/wage-and-hour/


Wage & Hour Law Litigation Issues

Independent contractor v. employee?

California’s Worker Misclassification Law

DOL, WHD – Worker Misclassification Initiative

Ensure proper classification of exempt or non-exempt

Exempt – professional, administrative, managerial

California’s Brinker case

Meal & rest periods

Presenter

Presentation Notes

Have a good time tracking system

Presenter

Presentation Notes

If you’re not training your company and you as an HR person will be another statistic. With out training you are defenseless.


Wage & Hour Training Requirements

Federal requirements, per industry & classification Time-keeping requirements Lunch & break requirements Overtime issues & exemptions Wage & hour requirements regarding travel On-call time/reporting time, etc… Retaliation under the wage & hour laws Wage & hour recordkeeping requirements Reporting potential or actual violations


Administrative Oversight

DOL, EEO, OFCCP, state agencies are all enforcing employment laws

Training no longer just an affirmative defense or prevention strategy

Direct penalties for NOT training today

If you are investigated & haven’t been training -you’ll get fined


Compliance Training Best Practices


Using Training Dollars Carefully

Training is more closely scrutinized than ever from legal standpoint

Thorough, complete training – up-to-date! Training that can be deployed to entire workforce Training that not only “checks the box” but

educates and changes employee behavior Ability to prove ROI – a challenging quantification Reduce liability – poor training can increase

liability

Cost of prevention is less than 2% of the cost of litigation

Questions?866 861 4410

[email protected]

@workplaceanswer #HRCompliance

Speaker: Lynn D. Lieber. Esq.Workplace Answers



3 must-have training courses for 2013

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