Polsinelli's Labor and Employment the "Life Cycle of an Employee" webinar series, a year-long examination of the full range of considerations that employers face at each stage of employee development, and how new legal regulations affect best practices from hiring to termination.
Moderator Eric Packel and panelists Chris Mason, Scott Gilbert, Steve Fox and Teeka Harrison discuss exception issues, policies and procedures, confidentiality, and how to retain quality employees.
Life cycle of employee training and development - may 2015
1. Polsinelli PC. In California, Polsinelli LLP
Life Cycle of an Employee:
Training and Development
Eric E. Packel, Chris M. Mason,
Scott M. Gilbert,Teeka K. Harrison
2. real challenges. real answers. sm
The Life Cycle of an Employee
Assessment,
Selection,
Onboarding
Training &
Development
Performance
Management
Termination
Recruitment
& Talent
Acquisition
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Training and Development: Agenda
Orientation training
Recurrent training
Management training
Section 7 considerations
EEO and Wage and Hour considerations
Promotion practices
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Training: Orientation
Employer policies that cover:
– EEO policies: non-discrimination (federal and applicable state);
non-retaliation, anti-harassment.
Stay up to date, as protected categories change
– FMLA and other protected leaves
– ADA – accommodations
– Wage policies, including retaliation
– Complaint procedures – minimum requirements
– Internet and email usage policies
– Confidentiality
– Document retention – to some extent
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Training: Orientation
Actual training vs. handing out paper
Signed acknowledgments
Retention of signed acknowledgments
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Training: All Employees
Absolutes
– EEO policies: non-discrimination (federal and applicable state);
non-retaliation, anti-harassment
– ADA – accommodations
– Wage policies
– Complaint procedures – minimum requirements
Organization Specific
Internet and email usage policies
Confidentiality
Document retention
How often?
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Training: Managers
Managers should know how to:
– Recognize and respond to violations of EEO policies
– Gather information regarding employee complaints
– Respond to leave requests
– Identify and avoid possible wage violations
– Enforce internet/email usage and confidentiality
policies
– Achieve compliance with document retention policies
– Avoid retaliation claims
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Why?
Minimize Litigation Threat
– Supervisor harassment + tangible
employment action = liability
– Ellerth/Faragher Affirmative Defense
– Good faith defenses
– Punitive damages
Create & Maintain Positive Work
Environment
Protect Company Assets
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Training: Confidentiality
Employees Need to Know:
– What constitutes “Confidential Information” or a
“Trade Secret”
– How Confidential Information can be used
– Who can see Confidential Information
Managers Need to Know:
– What protocols are in place to protect Confidential
Information
– How to respond to a potential violation
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Training: Section 7 Rights
Union and Non-Union Workforces
NLRA applies to all employees, regardless
of whether a union is involved.
– Understand what constitutes concerted
protected activity.
Responding to online conduct
– Focus on the substance, not the form.
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Training: Section 7 Rights
Union and Non-Union Workforces
Managers are the front line
– New quickie election rules
– Micro-Units
Recognize the signs of an organizing
campaign
Be ready to respond
– T.I.P.S.
– F.O.E.
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Development: Training Opportunities
Types of training
– Mandatory
– Voluntary Job-specific
Current position
Prospective position (development)
– Voluntary General
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Development: Training Opportunities
Forms of training
– In-house
– External providers
– In-person
– Online
– Group-based
– One-on-one
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Development: Training Opportunities
Notice regarding training must be equal
– Employees on reduced schedule
– Employees who telecommute
Access to training must be equal
– Blind or deaf
– Pregnant
– Age
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Development: Training Opportunities
Wage and Hour Concerns
– Do employers always have to pay non-exempt
employees for time spent training?
– Training is compensable if:
It occurs during employee’s regular working hours;
or
It is involuntary; or
It is directly related to the employee’s job; or
The employee performs productive work during it.
29 C.F.R. § 785.27-.32
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Development: Training Opportunities
Involuntary
Directly related to the employee’s job
Risks/Precautions
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Training The Decision-Makers
Be Transparent, Objective & Consistent
Lack of transparency can lead to feelings
of favoritism and discrimination.
Establishing clear, objective standards that
are communicated to employees
demystifies the process and provides the
basis for a defense in litigation.
Consistency builds trust and lessens
potential for litigation.
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Development: Promotions
Evaluate and Revisit Criteria for Promotion
– Do the criteria accurately reflect what is
required for the position?
– Have previous promotions to the same
position relied on the same criteria?
– If not, promotion decision ripe for attack.
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Development: Promotions
Establish a Clear Process for Application
& Selection
– Make sure employees know when a position
becomes available, the applicable
qualifications, and how to apply for it.
– Develop a process that ensures all qualified
employees are given the opportunity to apply.
– Be able to explain why a given candidate was
selected.
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Training: Promotions
Managers involved in promotion process
should be trained regarding best practices
– Proper interview questions
– Adequate note taking
– Record retention
– Proper communication of decision
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Next Time
Date: August 13, 2015
Subject: Performance Management
Summary:
– Protecting your significant employee investment by
harnessing tools such as regular and ad hoc
evaluations, employee goal setting, and disciplinary
measures.
– New management tools available to raise the bar for,
and the performance of, your 21st Century workforce.
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Contact Information
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Polsinelli PC
www.polsinelli.com