Effective Training Programs to Mitigate Compliance Risks in 2012
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Transcript of 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
Effective Training Programs to Mitigate Compliance Risks in 2012
#CLOwebinar
Janine Yancey CEO emTRAiN Julia Mendez Principal Business Consultant Peoplefluent
Effective Training Programs to Mitigate Compliance Risks in 2012
2012 Employment Law Update | 7
Effective Training Programs to Mitigate Compliance Risks in 2012
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
Page 9 | Confidential
2012 TOP COMPLIANCE ISSUES
Wage & Hour
EEOC Developments
Federal Contractor
s
Social Media Twist
Page 10 | 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
Page 11 | 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
Page 12 | 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
Page 13 | Confidential
EEO DEVELOPMENTS
EEOC ScruAnizing Use of Credit Reports in
Hiring Process
California’s AB 22 – No Credit Reports
Allowed.
Page 14 | 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
Page 15 | 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.
Page 16 | Confidential
Training on Affirma=ve Ac=on Program
EEO/ Discrimina=on
ADA
Ethics & Code of Conduct Drug &
Alcohol Awareness
FEDERAL CONTRACTOR TRAINING
REQUIREMENTS
Page 17 | Confidential
Current Federal Training Requirements
1
2
Employees
Managers
Understand rights & responsibiliAes in the
workplace
Understand their role in enforcing the
policies
Page 18 | Confidential
Framework for Compliance Training
– Faragher v. City of Boca Raton – Burlington Industry, Inc. v. Ellerth – Kolstad v. American Dental Association
Page 19 | 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
2012 Employment Law Update | 20
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
Page 21 | 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
Page 22 | 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.
Page 23 | 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
2012 Employment Law Update | 24
Build a Case for Your Training Program
EFFECTIVE TRAINING.
Iden=fy gap between policies & training modules
RISK MANAGEMENT.
Page 25 | 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
Page 26 | 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
Page 27 | 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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