Effective Training Programs to Mitigate Compliance Risks in 2012

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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Mike Prokopeak Vice President, Editorial Director Chief Learning Officer magazine


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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

Page 8 | 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


2012 TOP COMPLIANCE ISSUES

Wage & Hour

EEOC Developments

Federal Contractor

s

Social Media Twist


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


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


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


EEO DEVELOPMENTS

EEOC ScruAnizing Use of Credit Reports in

Hiring Process

California’s AB 22 – No Credit Reports

Allowed.


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


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.


Training on Affirma=ve Ac=on Program

EEO/ Discrimina=on

ADA

Ethics & Code of Conduct Drug &

Alcohol Awareness

FEDERAL CONTRACTOR TRAINING

REQUIREMENTS


Current Federal Training Requirements

1

2

Employees

Managers

Understand rights & responsibiliAes in the

workplace

Understand their role in enforcing the

policies


Framework for Compliance Training

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


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


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


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.


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.


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


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


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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Effective Training Programs to Mitigate Compliance Risks in 2012

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