Compliance

August 28, 2017

Social Media Vigilantes

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 […]
July 24, 2017

521% Return On Investment

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 […]
April 24, 2017

Don’t Punish The Messenger

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 […]
March 27, 2017

More than Good Faith

Until recently, misconduct investigations used the good faith standard. Before the Vasquez case, employers were required to act in good faith before taking adverse action against an employee. The Andrea Vasquez v. Empress Ambulance Services, Inc. case raised the standard for employment investigations. This 2nd U.S. Circuit Court ruling expands the Supreme Court decision in the Vincent E. Staub v. Proctor Hospital. The Staub case revitalized the “Cat’s Paw” fable. In Aesop’s fable, a clever monkey, not acting in good faith convinced the cat to pull roasting chestnuts from the fire. The monkey ate all the chestnuts while the cat […]