Compliance

Social Media Vigilantes

»Posted on Aug 28, 2017 in Compliance, Mitigating Liability | 0 comments

A Twitter account @YesYoureRacist started after the march in Charlottesville to solicit the identities of those who were photographed marching in the Unite the Right rally. The social media campaign used those identities to encourage employers of the protesters to terminate the protesters’ employment.  It wasn’t just Cole White who was identified and lost his job due to this social media campaign. His well-documented story presents an example for employers. The Top Dog restaurant in California denied firing White. Their statement to the Washington Post said Cole voluntarily resigned and we accepted his resignation. It went on to say, “We do respect our employees’ rights to their opinions. They are free to make their own choices...

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521% Return On Investment

»Posted on Jul 24, 2017 in Compliance, Mitigating Liability, Performance | 0 comments

U.S. employers spend between $70 and $164 billion annually on training and development according to a number of surveys. The most influential factor in a company’s training budget is the company’s size.  Those with 10,000 or more employees average $13 million for training. Training Magazine, the Association for Talent Development and many others have conducted studies to evaluate the return on investment (ROI) of training. As a result, we learned instructor-led classroom training is the most used and is the second most effective method despite all the advancements in training technology and the use of social media. Coaching and mentoring are the most effective methods of training. Two lessons learned; it takes people to effectively train...

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Don’t Punish The Messenger

»Posted on Apr 24, 2017 in Compliance, Mitigating Liability, Safety | 0 comments

Last May, the Occupational Safety and Health Administration (OSHA) published a final rule that improves tracking of workplace injuries. The first deadline to electronically submit your 2016 Form 300A is July 1, 2017. The rule does not change any forms that must be submitted manually. Employers with locations of 250 or more employees and those with at least 20 employees in high risk industries must comply. The term “high risk” is broad. Examples of high risk industries include grocery stores, direct selling establishments, museums as well as medical hospitals and manufacturing. OSHA provides a list of high risk industries by NAICS (North American Industry Classification System) code. This new rule impacts employers whether your company is a high risk industry...

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Eighty Percent of Life is Showing Up

»Posted on Feb 27, 2017 in Compliance, Mitigating Liability | 0 comments

“Eighty percent of life is showing up.” Woody Allen is credited for that expression, as well as a number of variations of the adage which are also attributed to him including “Eighty percent of success is showing up.” The courts have stayed busy determining whether or not employees are qualified when they cannot show up.  When employees either exhaust Family Medical Leave or the employer is not large enough to provide FMLA, disabilities may exist requiring the employer to consider accommodations including unpaid leave under the Americans with Disabilities Act (ADA). To be qualified under the ADA, an individual must have the requisite skills, experience, education, etc. and be able to perform the essential functions of the job either with or...

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Dirty Little Secrets

»Posted on Oct 20, 2016 in Civility, Compliance | 0 comments

The laws to protect mentally ill employees have been in place for years. The Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) makes sure group health plans provide as much treatment for mental illness and substance abuse as other medical and surgical benefits. The Americans with Disabilities Act includes the prohibition of discrimination and requires the exploration of accommodations for individuals who have mental impairments that qualify as a disability under the Act.   Yet most employers do not know how to provide employees with mental disorders their rights. Employers understand the need for a surgery, but not what is needed to help an employee with bipolar disorder succeed.  Fortunately, employers are not charged with operating on...

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