The document summarizes an webinar on effective training programs to mitigate compliance risks in 2012. It discusses upcoming compliance issues for 2012 related to wages/hours, EEOC developments, social media, and federal contractors. It outlines elements of an effective training program including engagement, administration, and record keeping. Tips are provided to build a case for your training program and demonstrate good faith efforts to regulators.
Effective Training Programs to Mitigate Compliance Risks in 2012
1. 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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2. Tools You Can Use
• Q&A
– Click on the Q&A panel (?)
in the bottom right corner
– Type in your question in the
space provided
– Click on “Send.”
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3. Tools You Can Use
• Polling
– The poll will appear on the
right side of your screen
– Select the best option for
each question
– Click on “Submit”
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4. Frequently Asked Questions
Will I receive a copy of the webinar recording?
YES
Will I receive a copy of the slides?
YES
Please allow up to 2 business days to receive these materials
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5. Effective Training Programs to Mitigate
Compliance Risks in 2012
Mike Prokopeak
Vice President, Editorial Director
Chief Learning Officer magazine
#CLOwebinar
6. Effective Training Programs to Mitigate
Compliance Risks in 2012
Janine Yancey
CEO
emTRAiN
Julia Mendez
Principal Business Consultant
Peoplefluent
#CLOwebinar
7. Effective Training Programs to
Mitigate Compliance Risks in 2012
Janine Yancey
CEO, emTRAiN
Julia Mendez
Principal Business Consultant
01/19/12
2012 Employment Law Update | 7
8. Agenda
1
Top
2012
Compliance
Issues
To
Have
On
Your
Radar
2
How
Training
Can
Mi=gate
Your
Risks
3
Elements
of
an
Effec=ve
Training
Program
4
Tips
To
Build
A
Solid
Compliance
Training
Program
Page 8 | Confidential
9. 2012 TOP COMPLIANCE ISSUES
Wage
&
EEOC
Hour
Developments
Federal
Social
Media
Contractor Twist
s
Page 9 | Confidential
11. 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 11 | Confidential
12. 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 12 | Confidential
13. EEO DEVELOPMENTS
EEOC
ScruAnizing
Use
California’s
AB
22
–
of
Credit
Reports
in
No
Credit
Reports
Hiring
Process
Allowed.
Page 13 | Confidential
14. 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 14 | Confidential
15. 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 15 | Confidential
16. Training
on
Affirma=ve
Ac=on
Program
EEO/
Discrimina=on
FEDERAL
CONTRACTOR
TRAINING
REQUIREMENTS
ADA
Ethics
&
Code
of
Drug
&
Conduct
Alcohol
Awareness
Page 16 | Confidential
17. Current Federal Training Requirements
Employees
1
Understand
rights
&
responsibiliAes
in
the
workplace
2
Managers
Understand
their
role
in
enforcing
the
policies
Page 17 | Confidential
18. Framework for Compliance Training
– Faragher v. City of Boca Raton
– Burlington Industry, Inc. v. Ellerth
– Kolstad v. American Dental Association
Page 18 | Confidential
19. 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
Page 19 | Confidential
20. State & Federal Case Law On Training
Bishop v.
Gaines v. Woodbury Clinical
Bellino Laboratory
(2002 NJ Supreme Court Case) (M.D. Tenn 2010)
3
1
2 Bains v. ARCO
Allen v. A
Staffing Products
Company
Company (9th Cir., 2005) 4
(2010 NJ Appellate Case)
Understanding
Policy Not
Proof of of Policy
Enough Failure to Train
Training at All
2012 Employment$5M
Cost Law Update | 20
Levels
21. Administrative Oversight
EFFECTIVE
TRAINING
PROGRAM
Equal
Employment
Department
of
Opportunity
State
Agencies
Labor
Commission
• Reviews
all
• Reviews
all
• DFEH
v.
Lyddan
training
records
training
records
Law
Group
• Federal
• Fined
Contractors
have
employer
for
an
affirmaAve
failure
to
duty
train
Page 21 | Confidential
22. 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 22 | Confidential
23. 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
Page 23 | Confidential
24. Build a Case for Your Training Program
EFFECTIVE
TRAINING.
RISK
MANAGEMENT.
Iden=fy
gap
between
policies
&
training
modules
2012 Employment Law Update | 24
25. Risks versus Rewards of Not Training
Training
No
Training
1. Meets
“good
faith
1. No
defense
in
audit,
effort”
/
“reasonable
claim,
or
liAgaAon
care”
2. Unprofessional
2. Promotes
acAviAes
in
the
professional
work-‐ workplace
environment
3. Poor
image
of
3. Persuades
irresponsible
invesAgators
that
employer.
you’re
a
good
employer
Page 25 | Confidential
26. 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 26 | Confidential
27. Thank You!
For more information on Compliance or Training Solutions:
Visit: www.peoplefluent.com
Email: eeosales@peoplefluent.com
Call: 800.782.1818, option 3
Page 27 | Confidential
28. Join Our Next CLO Webinar
Reporting Talent Development Metrics to Executives
Tuesday, February 7, 2012
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