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Mark Toth Chief Legal Officer NA February 23, 2011
What's New and What's Next Today’s Agenda ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
Official Disclaimer ,[object Object],[object Object],What's New and What's Next
What’s   NEW?
trends  trends   trends
Latest Employment Indicators ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],What's New and What's Next
Behind the Numbers ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],What's New and What's Next
Behind the Numbers ,[object Object],[object Object],[object Object],[object Object],What's New and What's Next
Non-traditional Numbers Up ,[object Object],[object Object],[object Object],[object Object],What's New and What's Next
Is the U.S. Workforce STRESSSSSED Out? What's New and What's Next ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
More Stress = More Lawsuits What's New and What's Next ,[object Object],[object Object],[object Object]
Is the “Mancession” Over? ,[object Object],[object Object],[object Object],[object Object],What's New and What's Next
laws  laws  laws
How much does it cost each year per employee for the average company to comply with federal regulations? What's New and What's Next A. $105.85 B. $1,058.50 C. $10,585.00 D. $105,850.00 E. It is impossible to comply with federal regulations Text-o-rama
What's New and What's Next ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],Health Care Reform: What’s Up For 2011?
What's New and What's Next ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],Health Care Reform: What’s Up With Congress?
What's New and What's Next ,[object Object],[object Object],[object Object],[object Object],[object Object],Health Care Reform: What’s Up With the Courts?
What's New and What's Next A. $105.85 B. $1,058.50 C. $10,585.00 D. $105,850.00 E. It is impossible to comply with federal regulations (Source: Committee on Oversight and Government Reform) Text-o-rama How much does it cost each year per employee for the average company to comply with federal regulations?
What's New and What's Next ,[object Object],[object Object],[object Object],New E-Verify Self Check
H-1B Visa Update ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],What's New and What's Next
What's New and What's Next ,[object Object],[object Object],[object Object],[object Object],New ADA Access Regulations
What recently enacted law requires nearly 500 rulemakings by various federal agencies and is projected by some to impair U.S. growth and job creation by as much as 4%? What's New and What's Next A. Lilly Ledbetter Act B. Dodd-Frank Act C. Electronic Discovery Act D. Health Care Reform Act E. Business Is Illegal in U.S. Act Text-o-rama
New Workplace Lactation Interpretation ,[object Object],[object Object],[object Object],[object Object],[object Object],What's New and What's Next
New OSHA PPE Guidance ,[object Object],[object Object],[object Object],What's New and What's Next
What recently enacted law requires nearly 500 rulemakings by various federal agencies and is projected by some to impair U.S. growth and job creation by as much as 4%? What's New and What's Next A. Lilly Ledbetter Act B. Dodd-Frank Act C. Electronic Discovery Act D. Health Care Reform Act E. Business Is Illegal in U.S. Act (Source: Assessing Regulatory Impediments to Job Creation) Text-o-rama
Executive Order 13563 (January 21, 2011): Federal agencies directed to “take into account . . . the cost of cumulative regulations.” What's New and What's Next
“ Regulatory Impediments to Job Creation” ,[object Object],[object Object],[object Object],[object Object],What's New and What's Next
New SEC Exec Comp Rules ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],What's New and What's Next
New SEC Exec Comp Rules ,[object Object],[object Object],[object Object],What's New and What's Next
lawsuits   lawsuits   lawsuits
According to the latest data,  what are an employer’s odds of winning at trial? What's New and What's Next Text-o-rama A. It is unlawful for employers to win B. 22% C. 42% D. 62% E. 82%
What's New and What's Next ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],More, More, More
Why More, More, More? What's New and What's Next ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
According to the latest data,  what are an employer’s odds of winning at trial? What's New and What's Next Text-o-rama A. It is unlawful for employers to win B. 22% C. 42% D. 62% E. 82% (Source: Jury Verdict Research)
Big Factoids What's New and What's Next ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
KEY FOCUS  Wage & Hour Trends ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],What's New and What's Next
KEY FOCUS  Wage & Hour Solutions ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],What's New and What's Next Blawg
What is the #1 most common discrimination claim? What's New and What's Next A. Age B. Disability C. Race D. Retaliation E. Sex POLL
What is the #1 most common discrimination claim? What's New and What's Next According to the latest EEOC data . . . A. Age (23,264) B. Disability (25,165) C. Race (35,890) D. Retaliation (36,258) E. Sex (29,029) POLL
[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],What's New and What's Next KEY FOCUS  Retaliation
[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],What's New and What's Next Blawg KEY FOCUS  Retaliation Prevention
What EEOC Claims Are Rising Fastest? ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],What's New and What's Next
The Supremes What's New and What's Next ,[object Object],[object Object],[object Object],[object Object],[object Object]
The Supremes What's New and What's Next ,[object Object],[object Object],[object Object]
Big Verdicts What's New and What's Next ,[object Object],[object Object],[object Object],[object Object],[object Object]
Big Verdicts What's New and What's Next ,[object Object],[object Object],[object Object],[object Object]
Big Verdicts What's New and What's Next ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
Other Key Rulings What's New and What's Next ,[object Object],[object Object]
Not-so-key Rulings What's New and What's Next ,[object Object],[object Object],[object Object]
How to Get Sued and Lose Big ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],What's New and What's Next
What I Learned From Jury Duty ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],What's New and What's Next
[object Object],[object Object],[object Object],[object Object],[object Object],What's New and What's Next QUARTERLY LITIGATION INDEX: Are you seeing an increase in employment law claims? POLL
lawyers   lawyers   lawyers
Death of the Billable Hour? What's New and What's Next ,[object Object],[object Object],[object Object],[object Object],[object Object]
[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],The Problem What's New and What's Next
[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],The Solution What's New and What's Next
[object Object],[object Object],[object Object],[object Object],[object Object],The Solution What's New and What's Next
The Results ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],What's New and What's Next
Resources ,[object Object],[object Object],What's New and What's Next Blawg
technology   technology   technology
Latest Techno Stats What's New and What's Next ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
“ Facebook Firing” Case ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],What's New and What's Next
“ Facebook Firing” Case ,[object Object],[object Object],What's New and What's Next Blawg
Top 5 Worst Interview Questions Ever ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],What's New and What's Next
How Should Employers Deal with Technology? What's New and What's Next Blawg ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
Do you use a social networking tool? ,[object Object],[object Object],[object Object],What's New and What's Next POLL
If yes, what do you use most? ,[object Object],[object Object],[object Object],[object Object],[object Object],What's New and What's Next POLL
[object Object],What's New and What's Next
unions   unions   unions
Latest Union Facts What’s New and What’s Next ,[object Object],[object Object],[object Object],[object Object]
Drastic Changes? ,[object Object],[object Object],[object Object],[object Object],[object Object],What’s New and What’s Next
Other NLRB Targets? ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],What’s New and What’s Next
NLRB Facing Political Challenges ,[object Object],[object Object],[object Object],What's New and What's Next
Will There Be Football Next Year? ,[object Object],[object Object],[object Object],[object Object],[object Object],What's New and What's Next
Will There Be Football Next Year? ,[object Object],[object Object],[object Object],What's New and What's Next
What’s   NEXT?
More Enforcement, Enforcement, Enforcement ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],What's New and What's Next
The ICE Man Cometh Again? ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],What's New and What's Next
How To Avoid the ICE Freeze ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],What's New and What's Next Blawg
Top 3 Projected Litigation Increases ,[object Object],[object Object],[object Object],[object Object],What's New and What's Next
New Laws? ,[object Object],[object Object],[object Object],What's New and What's Next
New Laws? ,[object Object],[object Object],What's New and What's Next
New ADAAA Regs? ,[object Object],[object Object],[object Object],[object Object],[object Object],What's New and What's Next
Unemployment Discrimination? ,[object Object],[object Object],[object Object],What's New and What's Next
Other Hot Areas for 2011 ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],What's New and What's Next
Next Up for the Supremes? ,[object Object],[object Object],[object Object],[object Object],What's New and What's Next
OSHA’s 2011 Docket ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],What's New and What's Next
people   people   people
What are the top 3 words used to describe  Fortune’s  Best Companies to Work For? What's New and What's Next A. Money, Money, Money B. Benefits, Perks, Vacation C. Values, Community, Fun D. People, Family, Time E. Anxiety, Nausea, Vomiting Text-o-rama
The Dawn of the  HUMAN AGE Throughout history, the world occasionally experiences a change so transformational and all encompassing it redefines the epoch; we have experienced the Iron Age, the Industrial Age, the Information Age and now, we are entering a new age, the HUMAN AGE, where the true power of human potential will be fully realized. This is creating complexity and opportunity in the marketplace What's New and What's Next
Capitalism  Talentism The implication is that talent - as capital once was - is becoming the scarce resource in the economic world and a nation or corporation’s means of attracting, mobilizing and liberating talent will be a key competitive differentiator.  Human potential will be the major agent of economic growth, and how to unleash then leverage that potential will be the key question organizations will need to answer Talent is emerging as the new “IT” What's New and What's Next
What are the top 3 words used to describe  Fortune’s  Best Companies to Work For? What's New and What's Next A. Money, Money, Money B. Benefits, Perks, Vacation C. Values, Community, Fun D. People, Family, Time E. Anxiety, Nausea, Vomiting Text-o-rama
manpowerblogs.com
[object Object],[object Object],[object Object],[object Object],What's New and What's Next Blawg
[object Object],[object Object],[object Object],What's New and What's Next Blawg
Smartest Person in the Audience  QUIZ
[object Object],[object Object],[object Object],[object Object],[object Object],What's New and What's Next QUARTERLY EMPLOYMENT LAW THERMOMETER: Which employment law issue currently gives you the most headaches? POLL
What's New and What's Next Employment Law  SING- ALONG
Employment law can be easy If you listen you surely won’t fail We wrote you this song So please sing along If you don’t You could end up in jail What's New and What's Next
There’s plenty of new legislation With new acronyms every day If you visit our Blawg You won’t be in the fog And big verdicts you  Won’t have to pay What's New and What's Next
Remember this song And you’ll never go wrong Yes we wish you the best On your journeys You’ll stay out of court And you won’t have to  Pay no attorneys What's New and What's Next
Enforcement action’s expanding And so is the NLRA And the ADAAA Isn’t going away Get to know them now Don’t delay What's New and What's Next
Technology may give you headaches The ICE Man may knock on your door But if you prepare Be consistent and fair They won’t ever bug you no more What's New and What's Next
Remember this song And you’ll never go wrong Yes we wish you the best On your journeys You’ll stay out of court And you won’t have to  Pay no attorneys What's New and What's Next
Be honest, respectful and kind now Be ethical, trustworthy and true Let your conscience be king Yeah don’t do anything Your mom wouldn’t want you to do What's New and What's Next
If you want the very best employees I’ll tell you just what you should do   Call   MANPOWER   today Yeah, there’s no better way Without us you’ll always be blue What's New and What's Next
Remember this song And you’ll never go wrong Yes we wish you the best On your journeys You’ll stay out of court And you won’t have to  Pay no attorneys What's New and What's Next
THANK  YOU!

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What's New and What's Next in Employment Law for 2011

  • 1. Mark Toth Chief Legal Officer NA February 23, 2011
  • 2.
  • 3.
  • 4. What’s NEW?
  • 5. trends trends trends
  • 6.
  • 7.
  • 8.
  • 9.
  • 10.
  • 11.
  • 12.
  • 13. laws laws laws
  • 14. How much does it cost each year per employee for the average company to comply with federal regulations? What's New and What's Next A. $105.85 B. $1,058.50 C. $10,585.00 D. $105,850.00 E. It is impossible to comply with federal regulations Text-o-rama
  • 15.
  • 16.
  • 17.
  • 18. What's New and What's Next A. $105.85 B. $1,058.50 C. $10,585.00 D. $105,850.00 E. It is impossible to comply with federal regulations (Source: Committee on Oversight and Government Reform) Text-o-rama How much does it cost each year per employee for the average company to comply with federal regulations?
  • 19.
  • 20.
  • 21.
  • 22. What recently enacted law requires nearly 500 rulemakings by various federal agencies and is projected by some to impair U.S. growth and job creation by as much as 4%? What's New and What's Next A. Lilly Ledbetter Act B. Dodd-Frank Act C. Electronic Discovery Act D. Health Care Reform Act E. Business Is Illegal in U.S. Act Text-o-rama
  • 23.
  • 24.
  • 25. What recently enacted law requires nearly 500 rulemakings by various federal agencies and is projected by some to impair U.S. growth and job creation by as much as 4%? What's New and What's Next A. Lilly Ledbetter Act B. Dodd-Frank Act C. Electronic Discovery Act D. Health Care Reform Act E. Business Is Illegal in U.S. Act (Source: Assessing Regulatory Impediments to Job Creation) Text-o-rama
  • 26. Executive Order 13563 (January 21, 2011): Federal agencies directed to “take into account . . . the cost of cumulative regulations.” What's New and What's Next
  • 27.
  • 28.
  • 29.
  • 30. lawsuits lawsuits lawsuits
  • 31. According to the latest data, what are an employer’s odds of winning at trial? What's New and What's Next Text-o-rama A. It is unlawful for employers to win B. 22% C. 42% D. 62% E. 82%
  • 32.
  • 33.
  • 34. According to the latest data, what are an employer’s odds of winning at trial? What's New and What's Next Text-o-rama A. It is unlawful for employers to win B. 22% C. 42% D. 62% E. 82% (Source: Jury Verdict Research)
  • 35.
  • 36.
  • 37.
  • 38. What is the #1 most common discrimination claim? What's New and What's Next A. Age B. Disability C. Race D. Retaliation E. Sex POLL
  • 39. What is the #1 most common discrimination claim? What's New and What's Next According to the latest EEOC data . . . A. Age (23,264) B. Disability (25,165) C. Race (35,890) D. Retaliation (36,258) E. Sex (29,029) POLL
  • 40.
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  • 52.
  • 53. lawyers lawyers lawyers
  • 54.
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  • 56.
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  • 60. technology technology technology
  • 61.
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  • 64.
  • 65.
  • 66.
  • 67.
  • 68.
  • 69. unions unions unions
  • 70.
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  • 73.
  • 74.
  • 75.
  • 76. What’s NEXT?
  • 77.
  • 78.
  • 79.
  • 80.
  • 81.
  • 82.
  • 83.
  • 84.
  • 85.
  • 86.
  • 87.
  • 88. people people people
  • 89. What are the top 3 words used to describe Fortune’s Best Companies to Work For? What's New and What's Next A. Money, Money, Money B. Benefits, Perks, Vacation C. Values, Community, Fun D. People, Family, Time E. Anxiety, Nausea, Vomiting Text-o-rama
  • 90. The Dawn of the HUMAN AGE Throughout history, the world occasionally experiences a change so transformational and all encompassing it redefines the epoch; we have experienced the Iron Age, the Industrial Age, the Information Age and now, we are entering a new age, the HUMAN AGE, where the true power of human potential will be fully realized. This is creating complexity and opportunity in the marketplace What's New and What's Next
  • 91. Capitalism Talentism The implication is that talent - as capital once was - is becoming the scarce resource in the economic world and a nation or corporation’s means of attracting, mobilizing and liberating talent will be a key competitive differentiator. Human potential will be the major agent of economic growth, and how to unleash then leverage that potential will be the key question organizations will need to answer Talent is emerging as the new “IT” What's New and What's Next
  • 92. What are the top 3 words used to describe Fortune’s Best Companies to Work For? What's New and What's Next A. Money, Money, Money B. Benefits, Perks, Vacation C. Values, Community, Fun D. People, Family, Time E. Anxiety, Nausea, Vomiting Text-o-rama
  • 94.
  • 95.
  • 96. Smartest Person in the Audience QUIZ
  • 97.
  • 98. What's New and What's Next Employment Law SING- ALONG
  • 99. Employment law can be easy If you listen you surely won’t fail We wrote you this song So please sing along If you don’t You could end up in jail What's New and What's Next
  • 100. There’s plenty of new legislation With new acronyms every day If you visit our Blawg You won’t be in the fog And big verdicts you Won’t have to pay What's New and What's Next
  • 101. Remember this song And you’ll never go wrong Yes we wish you the best On your journeys You’ll stay out of court And you won’t have to Pay no attorneys What's New and What's Next
  • 102. Enforcement action’s expanding And so is the NLRA And the ADAAA Isn’t going away Get to know them now Don’t delay What's New and What's Next
  • 103. Technology may give you headaches The ICE Man may knock on your door But if you prepare Be consistent and fair They won’t ever bug you no more What's New and What's Next
  • 104. Remember this song And you’ll never go wrong Yes we wish you the best On your journeys You’ll stay out of court And you won’t have to Pay no attorneys What's New and What's Next
  • 105. Be honest, respectful and kind now Be ethical, trustworthy and true Let your conscience be king Yeah don’t do anything Your mom wouldn’t want you to do What's New and What's Next
  • 106. If you want the very best employees I’ll tell you just what you should do Call MANPOWER today Yeah, there’s no better way Without us you’ll always be blue What's New and What's Next
  • 107. Remember this song And you’ll never go wrong Yes we wish you the best On your journeys You’ll stay out of court And you won’t have to Pay no attorneys What's New and What's Next