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.

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
#CLOwebinar

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
#CLOwebinar

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

10. WAGE & HOUR CONCERNS
Independent
contractor
versus
employee?
California’s
SB
459
–
Worker
MisclassificaAon
DOL,
WHD
–
Worker
MisclassificaAon
IniAaAve
Ensure
proper
classificaAon
of
exempt
or
non-­‐exempt
Page 10 | 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
CLO Webinars start at 2 p.m. Eastern / 11 a.m. Pacific
Register at www.clomedia.com/events
Join the CLO Network: http://network.clomedia.com/
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