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160,000 -- Number
of U.S. employers currently being battered by workplace-related lawsuits |
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2 out of 3 -- Workplace-related
lawsuits go to trial and are won by the employee |
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$650,000 -- Average
amount of damages awarded by juries in workplace-related lawsuits |
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40,264 -- Employer
cases concluded by DOL in 2002 |
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263,593 -- Employees
who received back wages in 2002 |
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$184,000,000 -- Damages
paid by employers for wage and hour non-compliance in 2002 |
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$30,600,000 -- Settlement
awarded to six women in a sexual-harassment suit against a Kroger subsidiary |
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$1,825,000 -- Settlement
paid by Scientific Colors to 32 current and former employees for claims of racial
harassment |
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$337,000 -- Paid
by Wins Fashion for violating minimum wage and overtime provisions of the Fair Labor
Standards Act |
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$11.2 Million -- Jury
award against Mary Kay Cosmetics for classifying a beauty "consultant" as an
independent contractor |
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Do potential and
current employees see your firm as the #1 employer of choice in your business field? |
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Do you know what your
turnover rate is and how much it is costing your company? |
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Is your Unemployment
Tax rate less than 2%? |
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Is your Workers
Compensation Modification rate less than 1.0? |
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Are you satisfied with
your employee benefits costs and your control over them? |
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Do you perceive HR as
a critical, profitable strategic function and support it as such? |
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Have you trained your
supervisory personnel regarding:
- Equal Employment Opportunity
- Harassment (Sexual, Racial, Religious, etc.)
- Corrective Counseling and Documentation
- Basic Management Skills
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Do you have written HR
policies and procedures for:
- Employment
- Compensation and Benefits
- Employee/Labor Relations
- Safety and Health
- HR Administrative Practices
- Counseling and Termination
- Training and Development
- HR Information System(s)
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Have you distributed
your policies / procedures in handbook form to all employees? Can you prove it? |
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Is your company
free of sexual / hostile workplace or discrimination complaints? |
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Is your firm prepared
in the event a charge of discrimination is filed? |
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Are you currently
maintaining practices and filing data required by Title VII of the Civil Rights Act of
1964, Section 709(c)? |
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Do you know who
administers your obligations under COBRA? |
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Are you unconcerned
about remaining union free, improving current union relations, or operating without a
union? |
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Are your compensation
plans (cash and non-cash) competitive? Do you have data to know? |
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Do you know if drug
and alcohol use is considered a disability under ADA? |
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Do you know if IRCA
affects you? Are I-9 Forms properly completed and verified? |
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Can you decide not to
employ someone if they test positive for alcohol? |
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Do you know if you are
required to provide employee leave under the Federal Family Medical Leave Act (FMLA)? Do
you know if your state requires it? |
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Are you keeping
appropriate safety records and filing the required OSHA reports? |
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Have you conducted the
20-Factor test to see if "independent contractors" qualify as such and are not
really employees? Will the IRS agree with your conclusion? |
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Are employment
agreements you have legally valid and binding? |