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Risk and Liability

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by

brenden robinson

on 6 September 2013

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Transcript of Risk and Liability

Under the surface
Management Decisions:
What are our potential risks and liability?

RISK & LIABILITY

Outside Agencies
Department of Labor
Wage and Hour
Equal Employment Opportunity Commission
States of Arizona and New Mexico
Workplace Fairness and Discrimination Arizona
Workers' Compensation
Unemployment Claims (self insured)
State of New Mexico Discrimination
Attorney General Civil Rights Division for both Arizona and New Mexico
Policies
Some Areas of Risk
Management Decisions
Attendance
Safety / Work Injuries
Injury on the job - completion of Industrial Injury Workers' Compensation Form

Supervisor will immediately complete the form
Hours of Work
Meal Periods - unpaid
Breaks 15 minutes each 4 hours unpaid

Constructive Performance Feedback
Informal - verbal
Formal - Written Verbal, Written
Final Written
Suspension without pay (must have approval from HR)
Potential
Fines - Penalties - Liability
Department of Labor (Wage and Hour) Fines - Penalties
Example: FLSA $10,000 fine and double amount for penalties. If there is a pay back of $50,000 DOL could assess a penalty and double it = $100,000.

Equal Employment Opportunity Commission
Allows an employees to move to file a lawsuit in Federal Court. (attorneys will take these cases contingent) Lawsuits in Federal Court are settled for hundreds of thousands of dollars. Potentially not covered by our insurance.

Unemployment Insurance
Minimum of $10,000 cost to CCS - self-insured
WHY DO YOU BELIEVE
WE NEED THIS TRAINING?
EXAMPLES OF POLICY VIOLATIONS AND LIABILITY
Accommodation for one employee and not others within the same work group (job description) and having the same restrictions.

Disciplining staff differently for the same violation. Example - late, calling in sick, violation of Work Site Courtesy Policy, leaving the work site when on paid time, etc.

Allowing shift changes and location changes without offering the same to other staff in "like" positions.


Is an EEOC or Civil Rights Charge covered by our liability insurance?

YES or NO
If a Manager has decided to go against established Policy and a lawsuit is filed, will the Manager be covered under our Liability Insurance?
YES or NO
Agenda
Introductions
Training - Why?
Outside Agencies
Penalties & Fines
Policies Highlighted
Working Lunch
Discussion - Real Time Situations
Where Do We Go From Here






Training Goals
Educate Managers on how their decisions may impact CCS, programs and clients.

Managers will understand their personal liability for the everyday decisions that violate CCS Policy regarding staff.

How do we move forward achieving consistent treatment and application of CCS Policies for all staff.
Real Time Examples Discussion
HOW DO WE MOVE FORWARD
Accommodations
QUESTION
Do I want to risk my personal finances
by not following
Board approved Policies?
Notification - calling in
Unscheduled calling in
Return to work release
Measurable Guidelines
Early Departure
Late Arrivals
Full transcript