Updated Programs

ELI^® has been working to update several of its key programs, including the online versions of Civil Treatment^® for Managers and Civil Treatment^® for Employees. Keeping in line with the revisions made last year to the instructor-led versions of both courses, the revised online courses include the latest information on such workplace issues as harassment and discrimination, retaliation, and pertinent employment laws such as the Family and Medical Leave Act (FMLA).

In addition, ELI^® is releasing an updated version of its international manager program, Professional Global Management^® (PGM). Rather than using the law as an anchor for behavior, PGM's philosophy is based on using an organization's values and policies, global workplace trends, and a solid business rationale to provide transnational managers with the knowledge, skills, and tools they need to build a professional global workplace. The revised PGM includes new vignettes and up-to-date cases from around the globe.

To learn more about these new programs, contact your sales representative at 800-497-7654.

Latest EFCA News

The Employee Free Choice Act (EFCA) garnered headlines during President Barack Obama's presidential election. EFCA attention intensified when the legislation was introduced in both the Senate and the House of Representatives on March 10, 2009. But then, as the world's attention shifted back to the economy, the flurry of focus on EFCA seemed to all but disappear. However, given recent proposed changes to EFCA, its passage appears significantly more likely, perhaps even imminent.

Recently, several Democratic senators have expressed support for elimination of the controversial card check provision. The card check provision would allow a union to be recognized if 50 percent plus one employees of the collective bargaining unit sign an authorization card attesting to their desire to be represented by the union. In contrast to current procedures, no secret ballot election would be held.

If the card check provision is scrapped, secret ballot elections would remain. However, the trade-off is likely to be a dramatically shortened period during which employers can educate their employees on the pros and cons of being represented by a union. As currently being discussed, secret ballot elections would occur shortly after the filing of an election petition (e.g., five to 10 days after the petition filing). Additionally, employers may be required to provide union organizers with access to company premises. The elimination of the card check provision may be enough to gain the necessary additional votes to ensure a filibuster-proof majority.

The elimination of the card check provision does not appear to affect the other two major components of EFCA: mandatory interest arbitration if the parties cannot voluntarily reach a first contract and enhanced civil penalties for unfair labor practices.

Employers should act quickly to prepare for the possible passage of EFCA. ELI's Strengthening Employee Relations™ course addresses managerial responsibilities for maintaining positive employee relations in order to appropriately recognize and respond to signs of union organization. To learn more about ELI's catalogue of programs, visit www.eliinc.com.

Legal Updates

ENDA Reintroduced

The Employment Non-Discrimination Act (ENDA) was recently introduced in the Senate, following the June introduction of similar legislation in the House of Representation. If passed, ENDA would prohibit discrimination based on sexual orientation and gender identity. Currently, no such protection exists under federal law, but several states prohibit discrimination based on sexual orientation and/or gender identity.

ENDA has been introduced numerous times in past years but has never passed. President Barack Obama is a proponent of expanded anti-discrimination legislation. Accordingly, this could be the year that ENDA is passed and signed into law. As proposed, ENDA would provide procedures and remedies identical to those under Title VII.

EEOC Charges and Enforcement Expected to Increase

Although 2008 saw a record high of EEOC charges, that record is likely to be surpassed by 2010. EEOC charges for 2008 totaled 95,402. As of March 31, 2009, the EEOC had already received 43,956 charges. EEOC officials predict that charges may reach a record high of approximately 102,000 for the fiscal year 2010. Charges historically increase as economic conditions deteriorate. In particular, age discrimination claims tend to rise as companies undergo reductions in force.

Coupled with the increased number of charges will be an emphasis on enforcement. The Obama administration increased funding for fiscal year 2009 to $344 million. Funding of $367 million is proposed for fiscal year 2010. The increased funding is allowing the EEOC to hire additional investigators, attorneys, mediators, and support staff. By the end of fiscal year 2010, the EEOC expects to add approximately 300 employees.

Wage and Hour Claims Continue as a Hotbed of Enforcement Actions

The Department of Labor (DOL) reports that enforcement actions concluded in fiscal year 2008 resulted in collections of more than $185.2 million in back wages for more than 228,000 employees nationwide. The DOL's proposed fiscal year 2010 budget would allow it to step up its enforcement actions. The proposed budget includes a program increase of $30.9 million to finance an additional 288 employees. The DOL enumerated its enforcement priorities as follows: (1) ensuring greater compliance in low-wage industries that employ vulnerable workers (including young and migrant workers); (2) reducing the likelihood for employers to repeat volatile practices; and (3) strategically utilizing the investigation of complaints to increase labor protections for the greatest number of workers.

The DOL is certainly committed to enforcing the provisions of the Fair Labor Standards Act. In 2009, significant recoveries include the following:

• QuikTrip Corp. agreed to pay $747,729 in overtime back wages to 3,819 current and former convenience store workers. (July 27, 2009)
• Partners HealthCare Systems agreed to pay more than $2.7 million in overtime back wages to 700 employees. (July 23, 2009)
• Several New York City area car washes and a corporate president agreed to pay $3.4 million in back wages and liquidated damages to 1,187 current and former employees. (June 30, 2009)
• IFCO Systems North America, Inc. paid $1,602,267 in overtime back wages to 1,751 employees and paid civil money penalties of $963,050. (April 7, 2009)

Upcoming Events

ELI^® CEO Steve Paskoff will be a featured speaker at several upcoming national conferences discussing the Employee Free Choice Act (EFCA). Paskoff's presentation will help organizations understand the impact of EFCA and help create strategies to prevent unionization.

Join Steve Paskoff to learn more about EFCA at the following conferences:

2009 8th Annual Society of Corporate Compliance & Ethics Conference
September 15
11 a.m. - noon
Planet Hollywood Resort & Casino
Las Vegas, NV
 
2009 Pacific West HR Conference
September 16
1:15 p.m. - 2:15 p.m.
Palm Springs Convention Center
Palm Springs, CA

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New Case Study

ELI^® recently conducted a case study with NCCI, Inc., a client who began a full rollout of ELI curriculum in 2006. Since then, NCCI has successfully implemented Civil Treatment^® for Managers online and in the classroom, Civil Treatment^® for Employees online and in the classroom, and NextACT^® in the classroom.

Click here to read more about this success story.