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Managing EmploymentPractices for
Employer ProtectionRLI Design Professionals
Design Professionals Learning Event
DPLE 152
April 1, 2015
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RLI Design Professionals is a Registered Provider with The American Institute of Architects Continuing Education Systems. Credit earned on completion of this program will be reported to CES Records for AIA members. Certificates of Completion for non-AIA members are available on request.
This program is registered with the AIA/CES for continuing professional education. As such, it does not include content that may be deemed or construed to be an approval or endorsement by the AIA of any material of construction or any method or manner of handling, using, distributing, or dealing in any material or product. Questions related to specific materials, methods, and services will be addressed at the conclusion of this presentation.
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Copyright Materials
This presentation is protected by US and International Copyright laws. Reproduction, distribution, display and use of the presentation without written permission of
the speakers is prohibited.
© RLI Design Professionals
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This course will discuss the role federal lawsplay in relation to employment practices of
small business. Emerging areas ofrisk exposure will be assessed. This course
will explore simple measures thatcan be taken to lessen and prevent
potential employment practices claims brought against the employer.
Course Description
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Learning Objectives
Participants will:
• Increase their awareness of federal laws that apply to small businesses
• Learn how to protect Directors and Officers from personal exposure to liabilities
• Understand emerging employment risk areas, such as internship programs and social media
• Explore the importance of a compliance programand how small changes in office procedures canmitigate claims
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“But I didn’t do it!”
CAUTION: An employee’s actions can help or hurt your company’s reputation
and bottom-line.
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Vicarious Liability
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EMPLOYEE+
SCOPE+
BENEFIT=
EMPLOYER LIABILITY
Employee or Independent Contractor?
Employee
• Exercise control over
• Uses company materials
• Lack of meaningful choice
Independent Contractor
• Personal control over:– Materials
– Schedule
– Projects
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Good Faith
Good faith is a customary practicein dealing with contracts and negotiations.
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Good Faith: Breach
1. Valid Employment Contract; AND
2. Terms include duty to “act in good faith;” AND
a. Sometimes terms do not need to be expressed
3. Breach; AND
4. Injury caused from the breach
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Impact of Federal Laws on Small and Medium Businesses
Learning
Objective #1
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Federal Laws & Small Businesses
If a company has15 or more employees,
federal laws apply, and the Equal Employment
Opportunity Commission (“EEOC”) can choose to
investigate and prosecutethe company.
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www.eeoc.gov
Discrimination
According to Webster’s Dictionary, discrimination is the
“practice of unfairly treating a person or group of people differently from other
people or groups of people.”Most common, well-known types of
discrimination are based onrace, sex, or religion.
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Age Discrimination
At least 20 employees;
+
40-years-old or older;
+
With a good faith belief;
+
That age is reason for discrimination
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Example #1
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Female denied promotionHiring Freeze
Male given promotion
Female files with EEOC
Hearing Female awarded $130,000
Example #2
FMLA:
• Unpaid leave
• Job security
• Continued insurance coverage
• Reasonable accommodations:
– Religion
– Disability
– Nursing mother
• Break times & space
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Discrimination Can Be Hiding Here:
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Retaliation
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Complaint
• Formal or
• Informal
Perceived Retaliation
• Action in responseto complaint
Claim
• Honest and
• Reasonable Belief
Retaliation Example
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Show Me The Money
2012
• Total Charges Brought: 99,412
• Monetary Relief:$365.4 million
2013
• Total Charges Brought: 93,727
• Monetary Relief:$372.1 million
90,000
92,000
94,000
96,000
98,000
100,000
2012 2013
Charges Brought By EEOC
362
364
366
368
370
372
374
2012 2013
Monetary Relief
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Protecting theDecision-Makers
Learning
Objective #2
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Decision-Makers’ Liability
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Preventing Breach
Decision-Makers
Document
Conflictsof
Interest
Independent Judgment
Reasonable Oversight
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Emerging Risks:Internships & Social Media
Learning
Objective #3
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Free Labor? . . . Yes, Please!
FREE
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Title ≠ Status
Educational Environment
Transferable Skills
Supervision
Employer Benefit
Duration
Job Entitlement
Parties’ Understanding
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Social Media in the Workplace
Technology moves faster than the law.
“The EEOC laws do not expressly permit or prohibit use of specified technologies.”
The lack of specific regulations makesdecision-making difficult.
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Social Media Policy
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Your Policy
Company Specific Rules
State Laws
Federal Laws
Uses for Social Media in the Workplace
FacebookYouTube
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Is It Worth It?
Pros
• Honest view of candidate– Catches inconsistencies
• Marketing
• Interoffice communication
Cons
• Exposed to improper information on which employment decisions cannot be based– Ex: race, religion, gender,
sexual orientation
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Using Social Media to Your Advantage
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Compliance Programs& CECOs
Learning
Objective #4
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Compliance Program: Prevention
Fraud
Self-Dealing
Misallocation
Conflicts of Interest
Code of Conduct & Ethics
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Effective Compliance Programs
Compliance Program
Tailored
Written
Monitored
Enforced
Reporting Systems
Audited
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Chief Ethics & Compliance Officer “CECO”
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Reporting Systems & Whistleblowing
Anonymous Tip-Line
CECO
Managers & Supervisors
Human Resources
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Prosecution Principles & Sentencing Guidelines
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Final Thoughts
Human Resources Involvement
Be Unambiguous
Compliance Program
Audit
Checks-and-Balances System
DOCUMENT
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This concludes The American Institute of Architects Continuing Education Systems Program
Laurel Tenuto, Client Risk Management Coordinator [email protected]
Marie Bernier, Senior Risk Management Consultant [email protected]
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