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January 31, 2013
with
Mark TothChief Legal OfficerNorth America
January 31, 2013
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January 31, 2013
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US Dial-in Number: 1 877 465 4510Passcode: 370 615 75#
January 31, 2013
Earning HRCI CreditTo receive 1 HRCI for this webinar, participants must
attend the webinar in its entirety (one person per computer).
January 31, 2013
with
Mark TothChief Legal OfficerNorth America
WHAT ARE
YOU THINKING?
WHAT’SNEW?
WHAT’SNEXT?
JAIL-FREEACTION
PLAN
LEAST LIKELYTO BE
IMPRISONEDCONTEST
Stay Out Of Jail in 2013
Official DisclaimerThe presentation you are about to witness is
intended as 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 this presentation could result in 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 HR and Legal departments before making any major policy
and/or procedure changes.
You have been warned.
Tweet along: #mpwebinar
Follow Mark on Twitter: @manpowerblawg
Visit Mark’s Blawg:marktoth.com
Find us on Facebook: facebook.com/manpowerUS
187% Free Stuff
World’s Most FabulousEmployment Law
LIBRARY
Open 24 / 7 / 365.25
What are YOU thinking?
Source: ManpowerGroup Employment Blawg
Really very extremely scarier
Somewhat scarier
No change
Somewhat easier
Really very extremely easier
64%
22%
11%
3%
0%
Is complying with employment laws getting easier or more difficult?
Question
No, substantial decrease
No, moderate decrease
No change
Yes, moderate increase
Yes, substantial increase
1%
1%
65%
30%
3%
Are you seeing an increase in employment law claims?
Question
Source: ManpowerGroup Employment Blawg
Employment Law Thermometer
ADA 13.2%
FMLA 21.0%
Firing 12.3%Wage & Hour 11.5%
Hiring 7.8% Discrimination 7.5%Investigations 6.6% Social Media 6.2%
Unions 4.0%Harassment 3.7%
Source: ManpowerGroup Employment Blawg
What ONE thingconcerns you most
about the world of workin 2013?
Everything.
ADA ADEA Audits BenefitsDiversity EEOC EngagementFLSA FMLA HIPAA HiringI9s 1099s ICE Investigations NLRB OFCCP OSHA Privacy Retaliation Retention RIFs SSA Talent Technology Terminations UC USERRA Wage & Hour WC
The BIG picture
Tweet-o-Rama@manpowerblawg
If you had to boil all of employment law down
to one word, what would it be?
What do YOU think?What percentage of employeeswould fire their bosses right now?
A. 36%
B. 56%
C. 76%
D. 96%
What do YOU think?What percentage of employeeswould fire their bosses right now?
A. 36%
B. 56%
C. 76%
D. 96%
Source: Monster.com
What do YOU think?What percentage of your employeesare thinking about leaving your company right now?
A. 26%
B. 46%
C. 66%
D. 86%
What do YOU think?What percentage of your employeesare thinking about leaving your company right now?
A. 26%
B. 46%
C. 66%
D. 86%
Source: Right Management
$300B
1/25 bosses = psycho
32% workweek increase
62% workload increase
33% chronicall
y overworke
d
80% sedentary
Sources: Dr. Paul Babiak, Pennington Biomedical Research Center, Kronos, Families & Work Institute, Harris Interactive
The Bottom Line:Employees are really very
extremely incrediblydisgruntled.
The Goal:Get your employees gruntled.
LOVE
How to GET SUED big now
True or False?Employers win more employment lawsuits than they lose.
A. True
B. False
True or False?Employers win more employment lawsuits than they lose.
A. True
B. False
Source: Jury Verdict Research
49%Source: Jury Verdict Research
What Are Your Odds?
SEX
36%
ALL
49%
DISABILITY
56%AGE
60% RACE
50%
Source: Jury Verdict Research
How Much Will YOU Pay?
$1M+Big pattern +/or reallllllly horrible facts
1%$100K-$1M
Pattern +/or really horrible facts
39%$51-
$100K1 plaintiff + horrible facts
28%
32%
Sources: EEOC, Jury Verdict Research
$1M+Big pattern +/or reeeeeeeally horrible facts
$100K-$1MPattern +/or really horrible facts
$51-$100K1 plaintiff + horrible facts
$0-$50K1 plaintiff + no horrible facts
True or False?Class action $$$ decreased last year.
A. True
B. False
Class action $$$ decreased last year.
A. True
B. False
Source: Seyfarth Shaw
True or False?
Top 10 Settlements
Before Dukes
$346MAfter Dukes
$49M>
Source: Seyfarth Shaw
Wage & Hour Suits (Up 893)
99,412 Charges: Second Most Ever
EEOC Suits Filed
EEOC Systemic Investigations
4X EEOC $$$ Increase
Lawsuit Facts & Figures
Sources: EEOC, Seyfarth Shaw
More retaliation?
More supervisors?
Less affirmative action?
More whistling?
More trade secrets?
Big Rulings Coming?
Ignore the law
Ignore your policiesInvestigate + document poorly
Discipline inconsistentlyLie
Get Plaintiffs’ Lawyers to LOVE You
What new LAWS might be coming?
Employment Non-discrimination Act
Paycheck Fairness Act
Healthy Families Act
Immigration Reform Act
Employee Free Choice Act
New in 2013?
Get the EEOC to LOVE You
Hiring
VulnerableWorkers
ADA
LGBT
Access to Legal
System
Pregnancy
Harassment
EEOC
The“New Sheriff”
Left Town
New @ the NLRB
True or False?The NLRB only has jurisdiction over unionized companies.
A. True
B. False
True or False?The NLRB only has jurisdiction over unionized companies.
A. True
B. False
BREAKING NEWS
NLRB AppointmentsUnconstitutional
BREAKINGNEWS
NLRB APPOINTMENTS
UNCONSTITUTIONAL
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
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
11.2%Source: Bureau of Labor Statistics
What do YOU think?Did NLRB ULP charges and $ awards go up or down in 2012?
A. Up
B. Down
What do YOU think?Did NLRB ULP charges and $ awards go up or down in 2012?
A. Up
B. Down
Source: National Labor Relations Board
“Protected concerted activity”
Union or non-union
> 1
Wages / work conditions
Same in cyberspace
Every Recent NLRB Decision On One Page
On Hold
“Quickie” election rules
Union rights posting
Everything?
ADA, FMLA, HIPAA, OSHA … YIKES!
No More Yikes!
Text-o-Rama414.751.0126
What % of you out there are
sleep-deprived right now?
“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.”
“I was suffering from a broken heart.”
2012
’sM
OS
T C
REATIV
E E
XC
US
ES
FO
R M
ISS
ING
WO
RK
Source: CareerBuilder
Text-o-Rama
30%
Source: Harvard Medical School
40.6M workplace zombies
$63.2B lost productivity
7.8 days lost
60% nightly sleep problems
9.6% asleep right now?
Zombie Nation
Sources: Harvard Medical School, National Sleep Federation,Centers for Disease Control & Prevention,"Insomnia and the Performance of U.S. Workers”
Tip of the Day
Get some ZZZZZZZZZs.
(Just not now, please.)
Guidelines for Adult Children Care
Facebook Festival Frolic = FMLA Fraud Firing
New DOL FMLA guide
FMLA in a Minute
FMLA in Plain English
Workforce Recruitment Program
ADA-inclusive Workplace Tutorial
Domestic Violence Q&A
Teachers with pedophobia?
ADA in a Minute
ADA How NOT To
Have an inflexible
leave policy
Make snap judgments
Don’t interact
Don’t accommod
ate
Put dumb stuff in writing
THE
INTERACTIVEDANCE
Discuss Discuss
Discuss Discuss
Tomorrow: OSHA 300A
Coming soon: 1,260 Inspections
Additional infectious disease regs?
Injury & Illness Prevention Program (I2P2)
Stricter reporting obligations
OSHA in a Minute
New final omnibus rule
September 23: New privacy notices
Amend business associate agreements
Not all violations = security breaches
HIPAA in a Minute
Avoid the WAGE & HOUR abyss
Misclassification Initiative: 11,400 + 80%
WHD: “Do you know the law?” survey
Independent contractor amnesty
Exemption for domestic service
“Right to Know” Rule?
New FLSA Stuff
Get SOCIAL MEDIA now
75% use SM but <10% trained
Facebook makes you fat
FaceWash
weknowwhatyouredoing.com
Glassdoor.com: crazy interview ?s
New SM Stuff
Sources: SilkRoad, Keith Wilcox,Columbia Business School, Glassdoor.com
Quarterly SM IndexDo you currently use social media@ work?
A. Yes
B. No
C. What’s social media?
Quarterly SM IndexWhat SM tool do you use most @ work?
A. Facebook
B. Google+
C. LinkedIn
D. Twitter
E. Other
What do YOU think?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
What do YOU think?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
So what else is NEW?
New FCRA forms
OFCCP vet & disability rules
OFCCP comp data tool
Veganism might be a religion
OK to fire “irresistible” employees?
Other NEW Stuff
Stay out of Jail ACTION PLAN
Prison in 2013 PlanDon‘t open the Tool Box
Don’t visit the EL Library
Don’t sign up for Mark’s alerts
Don’t follow Mark on Twitter
Don’t visit the Blawg every 0.3 seconds
Prison-free in 2013 Plan KNOW THE LAW
INVESTIGATE & DOCUMENT ALL CLAIMS
BEWARE RETALIATION
LOVE YOUR EMPLOYEES
FOCUS ON KEY PRIORITIES
Known violationsSystemic issuesWage & hourEEOC priorities
On the Blawg …
LEAST LIKELY TO BE INCARCERATED
CONTEST
ManpowerGroup | Halloween 2012
Employment Law SING-A-LONG
ManpowerGroup | Halloween 2012
2013 won’t be easyIf you listen you surely won’t fail
We wrote you this songSo please sing along
If you don’t, you could end up in jail
ManpowerGroup | Halloween 2012
The law, it’s always a-changingWith new acronyms every day
But if you visit my BlawgYou won’t be in the fog
And big verdicts you won’t have to pay
ManpowerGroup | Halloween 2012
So, remember this songAnd you’ll never go wrong
Yes we wish you the best on your journeysYou’ll stay out of court
And you won’t have to pay no attorneys
ManpowerGroup | Halloween 2012
Don’t put things off til tomorrowYes investigate right away
Don’t procrastinateCuz the more that you wait
The more you will have to pay
ManpowerGroup | Halloween 2012
If your brain’s too full to rememberAll the stuff we just covered above
There’s one little wordThat sums up what you heard
Love love love love love love LOVE!
ManpowerGroup | Halloween 2012
So, remember this songAnd you’ll never go wrong
Yes we wish you the best on your journeysYou’ll stay out of court
And you won’t have to pay no attorneys
INSERT NEW ICONTHANK YOU!
INSERT NEW ICON
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