Staying up to date on legal issues critical for trainers

Outdated training could cost your company more than most trainers realize. A word of caution about getting too far ahead or reusing old training materials


Jackson (not his real name, but hey, we have to keep the attorneys happy!) is the training director for a large corporation. Let's call it XYZ, Inc. (Again, not the real name, but those attorneys are still watching, so....)

A bit a perfectionist, he prides himself on having all corporate training planned a year in advance. There are sessions on time management, on job skills, and even on touchy subjects like sexual harassment.

As of January 1st, the materials are ready and the entire year's training for all divisions is planned completely. He's even managed to reuse some old materials left over from a few years ago.

Pretty good, right? Not really.

Odds are Jackson's well-in-advance and recycled training will miss the mark on critical labor law issues. Employees at XYZ may not get the right information on some important legal issues. And that could cost XYZ money. Maybe even big money.

The thing that Jackson, and so many other trainers miss, is the fact that employment law is a moving target. And as a trainer, it's your job to stay on top of new developments and shifting regulations.

A few examples might help illustrate just how critical this is....

- Jackson's training plan included directing employees in the XYZ-owned medical labs in proper recordkeeping. But the class content was written before the new HIPAA Breach Notification rules went into effect in September of 2009. So the information Jackson gathered back in December of 2008, and the old materials he is recycling, are not only incomplete, they may be wrong.

The probable result? Records improperly maintained, with breaches unreported -- and that could lead to fines or lawsuits against XYZ.

- Jackson was very happy with his training plan for interviewing and hiring. He included age, disability and ethnic discrimination. Religious discrimination. Even pay discrimination between male and female applicants. He was certain all the bases were covered.

But during the year, the definition of an ADA disability changed. And legal decisions in a number of courts expanded protection to cover sexual identity, sexual reassignment and gender-based lifestyle issues. But Jackson's training doesn't cover any of that. And that omission could be costly for XYZ.

There are other issues Jackson may have missed during the year -- Changes in the FMLA regarding military families. Shifts in EEOC rules to cover genetic information. State-level changes in employment law. Court decisions that refine or even completely altered existing labor law practices.

If you, like Jackson, like to map out your training year, make sure you stay up to date on changes in labor law, both from legislative and judicial sources. Leave room in your curriculum for "as needed" special training sessions to bring managers and others "into the loop" on new rules and regulations.

And before you re-use older training materials, have your staff attorney or an outside employment law attorney look over the content. That little step could go along way towards keeping your company and all employees in step with today's employment law issues.

Unpaid training time puts employer in trouble

The U.S. Department of Labor (DOL) recovered $117,023 from America’s Car Mart in overtime back wages for 103 current and former management trainees, following an investigation that found the company violated the Fair Labor Standards Act (FLSA).

The DOL found that America’s Car Mart failed to pay its employees overtime compensation they were legally entitled to receive for the time they spent in training.

“This company failed to follow federal wage and hour regulations,” said Cynthia Watson, regional administrator for the Wage and Hour Division in the Southwest. “In this case, non-exempt trainees were not compensated at time and one-half their regular rate of pay for overtime hours while in training.” (DOL press release)

The company cooperated with the DOL investigation and agreed to future FLSA compliance.

Remember:

The FLSA requires that covered employees be paid at least the federal minimum wage of $6.55 for all hours worked, plus time and one-half their regular rates of pay for hours worked more than 40 per week, unless otherwise exempt. Employers must also maintain accurate time and payroll records. Effective July 24, 2009, the minimum wage will increase to $7.25 per hour.

To determine whether an employee is exempt or nonexempt, they must meet certain job responsibility and salary tests. Current information on FLSA exemptions can be found on the DOL’s site at www.dol.gov/fairpay.

Because FLSA violation lawsuits can critically damage your business, it’s important to understand all of the federal the state labor laws on employee time and pay requirements. Know how to navigate the confusing FLSA compliance waters now, and eliminate the risk of fines and penalties later.

Training Trends: Legal changes, stress at work and employee attitude problems

It may be April Fool’s Day, but this month’s issue of Training Trends isn’t joking around. The April issue of TrainingTime’s monthly workplace training newsletter is dedicated to informing you of the latest labor law changes to start preparing for, simple stress-reduction training and how to deal with an employee with a serious attitude problem.

Here’s what you can find in this issue of Training Trends:

Heads Up On Radical New Labor Law Changes

In compliance with major changes in federal and state administrations, several significant modifications and additions have been made to labor laws throughout the country.

We’ve put together a summary of the upcoming changes to allow you to prepare your HR departments and develop relevant training before the deadlines. We’ll continue to post additional details as we receive more information on the new regulations. (more)


I’m Not Stressed -- That Pencil Had It Coming!

I’ve gone through at least a dozen pencils and I have no idea how many paper clips this week, and it’s only Thursday. If I’m not unbending the paper clips, I’m snapping pencils in two…I know the stress in this place is killing me, but I don’t know what to do about it!

Does this sound familiar? Is it you? Or are you seeing it among the employees at your company? Maybe it’s not paper clips and pencils. Maybe it’s eating too much or being short tempered with coworkers or families.

Recent studies have proven that stress takes a serious toll on our health. Heart attacks, cancer and diabetes have all been linked directly to stress. Luckily, there are some simple things you can do to reduce stress at work and its potentially dangerous effects. (more)


I [Heart] My Attitude Problem

We’ve all been there. You have an employee who looks perfect on paper - never late, flawless work, goes above and beyond - but they’re a nightmare to work with. This “perfect” performer is bossy, troublesome, swears like a sailor and is never wrong.

You’ve got a serious attitude problem on your hands, and your troubled employee is the only one who doesn’t know about it.

So what’s a manager to do? Here are some things to consider before reaching for a pink slip … (more)

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