Life cycle of employee training and development - may 2015

Polsinelli PC. In California, Polsinelli LLP

Life Cycle of an Employee:Training and Development

Eric E. Packel, Chris M. Mason, Scott M. Gilbert,Teeka K. Harrison

real challenges. real answers. sm

The Life Cycle of an Employee

Assessment, Selection,

Onboarding

Training & Development

Performance Management

Termination

Recruitment & Talent

Acquisition


Training and Development: Agenda

� Orientation training� Recurrent training� Management training� Section 7 considerations� EEO and Wage and Hour considerations� Promotion practices


Training: Orientation

� Employer policies that cover:– EEO policies: non-discrimination (federal and applicable state);

non-retaliation, anti-harassment.

� Stay up to date, as protected categories change

– FMLA and other protected leaves

– ADA – accommodations

– Wage policies, including retaliation

– Complaint procedures – minimum requirements

– Internet and email usage policies

– Confidentiality

– Document retention – to some extent


Training: Orientation

� Actual training vs. handing out paper

� Signed acknowledgments

� Retention of signed acknowledgments


Training: All Employees

� Absolutes– EEO policies: non-discrimination (federal and applicable state);

non-retaliation, anti-harassment

– ADA – accommodations

– Wage policies

– Complaint procedures – minimum requirements

� Organization Specific� Internet and email usage policies

� Confidentiality

� Document retention

� How often?


Training: Managers

� Managers should know how to:– Recognize and respond to violations of EEO policies– Gather information regarding employee complaints– Respond to leave requests– Identify and avoid possible wage violations– Enforce internet/email usage and confidentiality

policies– Achieve compliance with document retention policies– Avoid retaliation claims


Why?

� Minimize Litigation Threat– Supervisor harassment + tangible

employment action = liability– Ellerth/Faragher Affirmative Defense– Good faith defenses– Punitive damages

� Create & Maintain Positive Work Environment

� Protect Company Assets


Training: Confidentiality

� Employees Need to Know:– What constitutes “Confidential Information” or a

“Trade Secret”– How Confidential Information can be used– Who can see Confidential Information

� Managers Need to Know:– What protocols are in place to protect Confidential

Information– How to respond to a potential violation


Training: Section 7 RightsUnion and Non-Union Workforces

� NLRA applies to all employees, regardless of whether a union is involved.– Understand what constitutes concerted

protected activity.

� Responding to online conduct– Focus on the substance, not the form.


Training: Section 7 RightsUnion and Non-Union Workforces

� Managers are the front line– New quickie election rules– Micro-Units

� Recognize the signs of an organizing campaign

� Be ready to respond– T.I.P.S.– F.O.E.


Development: Training Opportunities

� Types of training– Mandatory– Voluntary Job-specific

�Current position�Prospective position (development)

– Voluntary General



� Forms of training– In-house– External providers– In-person– Online– Group-based– One-on-one



� Notice regarding training must be equal– Employees on reduced schedule– Employees who telecommute

� Access to training must be equal– Blind or deaf– Pregnant– Age



� Wage and Hour Concerns– Do employers always have to pay non-exempt

employees for time spent training?– Training is compensable if:

� It occurs during employee’s regular working hours; or

� It is involuntary; or� It is directly related to the employee’s job; or� The employee performs productive work during it.

29 C.F.R. § 785.27-.32



� Involuntary

� Directly related to the employee’s job

� Risks/Precautions


Training The Decision-Makers

Be Transparent, Objective & Consistent� Lack of transparency can lead to feelings

of favoritism and discrimination.� Establishing clear, objective standards that

are communicated to employees demystifies the process and provides the basis for a defense in litigation.

� Consistency builds trust and lessens potential for litigation.


Development: Promotions

� Evaluate and Revisit Criteria for Promotion– Do the criteria accurately reflect what is

required for the position? – Have previous promotions to the same

position relied on the same criteria?– If not, promotion decision ripe for attack.


Development: Promotions

� Establish a Clear Process for Application & Selection– Make sure employees know when a position

becomes available, the applicable qualifications, and how to apply for it.

– Develop a process that ensures all qualified employees are given the opportunity to apply.

– Be able to explain why a given candidate was selected.


Training: Promotions

� Managers involved in promotion process should be trained regarding best practices– Proper interview questions– Adequate note taking– Record retention– Proper communication of decision


Next Time

� Date: August 13, 2015� Subject: Performance Management� Summary:

– Protecting your significant employee investment by harnessing tools such as regular and ad hoc evaluations, employee goal setting, and disciplinary measures.

– New management tools available to raise the bar for, and the performance of, your 21st Century workforce.


Contact Information

� Follow us on: – Twitter: @polsinelli

– LinkedIn: https://www.linkedin.com/company/polsinelli?trk=company_logo

– SlideShare: http://www.slideshare.net/Polsinelli_PC

Polsinelli PCwww.polsinelli.com


About Polsinelli

Polsinelli provides this material for informational purposes only. The material provided herein is general and is not intended to be legal advice. Nothing herein should be relied upon or used without consulting a lawyer to consider your specific circumstances, possible changes to applicable laws, rules and regulations and other legal issues. Receipt of this material does not establish an attorney-client relationship.

Polsinelli is very proud of the results we obtain for our clients, but you should know that past results do not guarantee futureresults; that every case is different and must be judged on its own merits; and that the choice of a lawyer is an important decision and should not be based solely upon advertisements. © 2015 Polsinelli PC. In California, Polsinelli LLP.

Polsinelli is a registered mark of Polsinelli PC

Polsinelli, a national law firm ranked among the Am Law 100 with over 740 attorneys located in 21 offices, deliberately seeks constant improvement in all that we do. At its inception more than forty years ago, the firm established a culture of openness and entrepreneurship that still pervades today. As the fastest growing U.S. law firm for the past six years as ranked by The American Lawyer*, the firm’s growth has been fueled by the recruitment of like-minded attorneys from top law firms across the country.

Polsinelli attorneys successfully build enduring client relationships by providing practical legal counsel infused with business insight, and with a passion for assisting General Counsel and CEOs in achieving their objectives. The firm focuses on healthcare, financial services, real estate, life sciences and technology, and energy and business litigation, and has depth of experience in100 service areas and 70 industries.

*The American Lawyer 2013 and 2014 reports

Life cycle of employee training and development - may 2015

Law

Transcript of Life cycle of employee training and development - may 2015