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191 Cards in this Set
- Front
- Back
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What documents are collected prior to a merger as part of due diligence process |
1. Names of employees and their location 2. Offer Letter 3. Employment Contracts 4. I9 forms and Visa documentation 5. Benefit plans |
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What compensation is collected prior to a merger as part of due diligence process |
1. Hourly wage rates by job 2. salary schedules 3. number of employees in each position |
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what policies and procedures are collected prior to a merger as part of due diligence process
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policy manual employee handbook supervisor/manager handbook |
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what equal opportunity compliance collected prior to a merger as part of due diligence process |
1. EEO-1 2. Affirmative Action Plan ( if required) 3. Government notice of compliance activity |
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What legal compliance are collected prior to a merger as part of due diligence process |
1. COBRA notices and participants 2. Active FMLA leaves 3. WARN compliance 4. OSHA compliance |
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What legal relations are collected prior to a merger as part of due diligence process |
collective bargaining agreement ongoing negotiations Union activity Grievance history and outstanding grievance |
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What legal exposure are collected prior to a merger as part of due diligence process |
1) pending or resolved sexual harassment claims 2) termination disputes 3) violations of state or federal laws 4) active workers compensation claims |
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What is business strategy? |
Strategy defines organization goals and the methods to be used in achieving those goals - strategic planning and management |
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What are Industry Changes? |
External Development Industry changes lead by technological developments methods of distributing goods - from horse to railroads and airplanes |
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What is External Business Environment? |
Organization changes can be a result of forces outside of org's control HR must understand how these forces impact existing org strategies and HR process |
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What are HR Functions impacted by? |
everything that impacts an organization. External development ( competitors), change in business process (product design changes) |
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What are External Forces? |
1. technological development 2. industry changes 3. economic environment 4. labor pool 5. legal and regulatory activity |
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What are external environment - economic environment? |
economic environment impacts all org's and individuals economy growing - greater business demand on goods and services econ shirking - companies that run a tight business during bad econ times are able to succeed from from eliminating redundancy and waste. If there are higher taxes - customer have less money to spend. S trick gover't regulations |
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What areexternal environment - labor pool?
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availability of skilled labor affect general business environment significantly |
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What external Env. - Legal and Regulatory Activity |
the activities of the federal, state and local government affect the external business environment |
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what does the Board of Governors of the Federal Reserve System (The Fed) do? |
They make decision that affects the availability of cash. When they raise the interest rates org's and people pay more to borrow (mortgage) therefore there is less cash available for people to spend on goods and services |
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What 3 aspects of HR to consider in developing plans and programs |
structure function life cycle |
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4 basic Management functions |
planning, organizing, directing, controlling |
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Organization Life Cycle |
startup growth maturity decline |
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characteristics of HR's role in the organization |
It is characterized by change |
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strategic planning |
is a systematic way of setting the direction for an organization and development tactics and operational plans to ensure its sucess |
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Strategic planning process |
where are we now? where do we want to be? How will we get there? How do we know when we arrived? |
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Elements of strategic planning process |
pre-planning stage environmental scan formulate strategy implement strategy evaluate strategy and make adjustments |
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pre-planning stage |
sets the stage for success reduce errors in planning process and ensure commitment from leaders decide on: process, participants, time frame, planning tools (Statistical models, SWOT analysis, PEST analysis, Porter's 5 forces |
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Environmental Scan |
answers question:where are we now?Internal Scan: Statistical models, SWOT analysis External Scan: SWOT, PEST, Porter's 5 forces |
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formulate strategy |
answers the question: where do we want to be? Provide strategic plan develop vision, mission, corporate values and goals |
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Implement strategy |
answers question: how do we get there? provide tactical and operational plans Develop tactical goals, budget, action plans and execute plans |
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Strategic planning process |
strategy uses the strength of a business to its competitive advantage in the marketplace goal describes the direction the business will take and what it will achieve.. Goals are set at the corporate and business-unit levels of the organization. Objective specific description of practical steps that will be taken to achieve the business goals. Objectives are set at the functional level of the organization |
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Environmental Scanning activities and methods identify |
General business environment Industry practices and developments Technological advances Economic environment Changes in the labor force population Legal and regulatory environment |
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environmental scanning |
framework for collecting information to create a successful plan for future growth. Info gathered is used to forecast future business circumstances so org can take advantage of the strengths and opportunities in the marketplace while reducing the negative impact of its weaknesses and threats |
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Long-range plans |
3 to 5 years |
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mid-range plans |
1 to 3 years |
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short-range plans |
6 to 12 months |
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strategy formulation |
vision, mission, core competencies, corporate value statement |
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vision statement |
should inspire the org and inform customers and stakeholders of what will carry the organization into the future and what it will accomplish. What the company does? who it does it for? what long range success will look like |
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mission statement |
more specific it describes how the organization will achieve the vision. what the company do? where it is going? and how different is the org from other orgs. message directed toward employees and it should tell them where the company is headed in the mid to long term |
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core competencies |
parts of the operations that they do best and sets them apart from the competition. |
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corporate values statement |
a way for executive team to communicate their standards for how the org will conduct business. these values should be true regardless of changes in the product lines or business processes |
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SMART (formulation strategy) |
effective corporate goal identifier Specific Measurable Action-oriented Realistic Time-based |
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SWOT |
strength, weakness, opportunities and threats strength and weakness internal enviromental scan and opportunities and threat external enviromental scan |
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PEST Analysis |
Political, Economic, Social, and Technological factors of the external environment. |
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Porter's 5 |
1. Competition in the industry
2. Potential of new entrants into industry 3. Power of suppliers 4. Power of customers 5. Threat of substitute products |
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Implementation Strategy |
short-range goals are developed. Tactical Goals and Action Plan |
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Develop Tactical Goals |
describes what will be accomplished to achieve the strategy |
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Develop Action plans |
breaks down the the tactical goal into steps that an individual, team or an operating group need to take to accomplish the goal |
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Human Capital Management Plans |
HR functions, tactical goals and action plans designed to meet the needs of the org. HMCP is also known as strategic HR plan must align with corporate, strategy and goals for achieving desired results |
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HCMP / strategic planning address |
where we now? where do we want to be? how will we get there? how will we know when we arrive? |
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HR statement of strategic direction |
HR team gathers information from org's strategic plan, external sources (labor market, demographics and internal sources (other functional areas of org) to clearly understand workforce requirements for org's goals, what resources are available to achieve org goals and the timing of deliverable. |
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HR control functions tied to budget |
salaries, payroll taxes, benefits, equipment and supplies, repairs and maintenance, training and development (HR team), travel, professional services, outsources services (HRIS, payroll etc) |
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Budget items that belong to other functional areas |
Liability Insurance - managed by accounting/ finance software (purchased by IT) computer hardware (IT) |
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HR function create budget items allocated to other business units |
training and development employee awards performance increases temporary replacements recruiting fees |
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Human Capital Projections |
is a budgetary activity in which HR attempts to measure the value of these resources. projections take into account elements from HCMP creating depth by identifying the currency competencies of the existing internal workforce and what the competitive advantages |
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HC projections take into account |
necessary workforce skill set to achieve short and long term objectives current workforce skills set which is measured through the performance management system creation of plan that addresses deficiencies decision to build or buy/develop the talent in-house or hire from the external force, cost of implementation, ROI return on investment in the human resource |
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Strategic Management - organizing |
management responsible for providing structure so employees are able to complete their work. factors to consider what work needs to be done, how employees interact and with whom, decision-making process in the org and how work is delegated |
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Organization structure - decision making |
centralized -decision making authority is at a higher level decentralized - decision making delegated to lower levels |
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Organization structure - Business Classification
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1. Line functions - operations and sales 2. Staff Functions - HR and finance 3. Span of control- refers to the number of employees that one manager can supervise directly. |
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Directing Structure |
Managers establish relationships with the employees they supervise to encourage and support them in accomplishing their goals. |
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Controlling Structure |
1) used by managers that the strategies, tactics, and plans developed during the planning process are implemented. 2) strategic evaluation which needs to be done continuously to make sure that goals are met 3)Six Sigma 4) Total quality management (TQM) 5) management by objectives (MBO) |
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Strategic Evaluation |
is an ongoing process. management must not only evaluate individual goals and actions but they have to see the "big picture" of the overall progress |
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Strategic Management structures & responsibility |
Planning Organizing Directing Controlling Risk Management |
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Risk Management |
protect organizations assets and ensure that the work environment is safe with respect to the working conditions. |
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Strategic Relationships |
These relationships that contribute to the HR function to successful org's goal achievement strategic relationships reflect the business plan and are important to make any strategic planning tool succeed or fail. These relationships are built with individuals known as stakeholders who are the employees, the management hierarchy, shareholders and community |
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3 kinds of strategic relationships |
Internal relationships External relationships Outsourcing HR Functions |
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Internal Relationships |
these relationships are build over time as HR establishcredibility with executive team, management, employees and vendors. These relationships are what helps HR move toward accomplishing the org's goals.The ability for individuals to work with each other helps create the culture and drives the business outcomes and it is often the target of HR efforts which are defined under the function of employee and management relations.
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Labor-management relationship |
is at the core of HR's responsibility because HR defines the structure which management take employment-related actions. |
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Skills that represent the types of behavior that can be addressed through strategic employee relations activity |
communication goal-setting project-management |
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Examples of HR activities that define relationships |
1- creating policies, procedures and rules 2- complying with legal and regulatory directives 3- Analyzing jobs - job descriptions and performance metrics are developed from 4- Employing strategic HCMP to make sure that the workforce has the appropriate skills sets to achieve the corporate objectives which were identified during the strategic planning process |
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acronym for Human Capital Management Plans |
HCMP |
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External Relationships |
network of individuals that their work influences and intersects with an ORG's goals and bring long-range of benefits to HR . service providers that are re |
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Corporate responsibility (CR) |
is a business behavior that focuses in building external and internal strategic relationships. Identifying the corporate responsibility (CR) goals and the resulting behavior used for future decision making is an element of strategic planning process |
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Starbucks CEO Howard Schultz thoughts on Corporate Responsibility |
values increasingly drive the consumer and employee loyalties. Money and talent those companies whose values are compatible with their own. Article in Harvard blog - Invest in communities to advance Capitalism. |
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CR Activities |
are independent on multiple department responsibilities which links the external environment to the internal environment |
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How does an organization identify which CR objective to address? |
The same forces described by Porter drive the need for CR efforts political/legal, economic, social, technology and competition |
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sustainability |
is defined as a behavior that does not consume the resources used to achieve the outcome. These resources are time, labor, finances, which impact the long-term health of a corporation. became widely recognized as principle as the result of "green" initiatives and companies now understand the financial benefit of sustainable business practices is a long term strategic solution that influences factors far beyond their environmental footprint |
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One possible result from strategic planning process |
is structural changes to an organization |
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Two aspects of change process |
1. Structural changes 2. individual behavior |
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Structural Changes that significantly affect the workforce |
1. re-engineering 2. Corporate Restructuring 3. workforce expansion 4. workforce reduction 5. Mergers & Acquisitions 6. Divestitures 7.Offshoring & outsourcing decisions & management |
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Re-engineering |
it involves looking at the entire organization and simplify or eliminate unnecessary processes with the goal of increasing customer satisfaction through through the improvements in efficiency. |
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Corporate Restructuring |
looks at individual units in the organization to reduce costs and increase production by reducing or eliminating redundancy or bureaucratic processes. |
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workforce expansion |
create their own stress since hiring a large number of new employees within a short period of time makes it difficult for them to adjust and incorporate into the existing climate and culture. Result in clashes of operating styles and can create mistrust and reduce productivity |
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operating style clashes |
face to face vs email communication team orientation vs individual contributors authoritative vs laissez-fair management style |
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workforce reduction |
also known as reduction in force (RIF), downsizing and it is used to decrease expenses by reducing the size of the workforce. RIF's can also be used to lower expenses for short term improvements in net profits in order to meet previously stated earnings targets for the stock market analyst |
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Mergers & Acquisitions |
similar results of combining two organizations Merger is when 2+ companies combine their assets with the goal of leveraging both into a successful single entity. Acquisition one organization, usually a corporation purchases or trades stocks to gain controlling interest in another org. |
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Merger |
2 or more organizations are combines into a single entity with the goal of leveraging assets of both into a more successful entity
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Acquisition
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one organization, usually a corporation purchases or trades stocks to gain controlling interest in another org. these can be hostile when management or board of directors object to thee take over.
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Divestures |
company assets like a product line, division or any other part of the organization is sold or somehow it is disposed of. It is a result of a strategic decision to focus on core competencies or because the assets have a greater value as a standalone operation than being part of the original organization |
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Outsourcing Decision Management |
is to contract internal business service to an outside organization that specialize in specific process such as payroll processing, IT or janitorial services. |
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Offshoring Decision Management
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offshoring moving production or service processes to another country for cost saving purposes.
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Enterprise Risk Management (ERM) |
is a practice of forecasting possible risks to the organisation and take steps to mitigate the impact-on operations. |
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ERM steps to identify Risks |
1. HR Audit 2. Insurance Policies 3.Employee Handbooks 4. Litigation Statistics |
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HR Audit |
1. Hiring Statistics at all levels of employees recruiting sources
2. data security 3. I9 audits 5. Harassment claim management |
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insurance policies |
purchasing insurance policies will protect the organization. Employment practices liability insurance (EPLI) provides protection to reduce potential loss due to various claims like sexual harassment, discrimination, wrongful discipline. |
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Employment practices liability insurance (EPLI)
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provides protection to reduce potential loss due to various claims like sexual harassment, discrimination, wrongful discipline.
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Self insurance plan |
is for cases with low risk and that pay out of pocket if a risk occurs. |
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Employee Handbook |
compliance with labor laws that require written policies as part of compliance efforts. |
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employee handbook should include |
company's expectations, employee rights and the company's legal obligations to the employees |
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employee handbook should not include |
discipline process |
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Litigation Statistics |
this is another way to identify organization risk's. it is based on litigaltion statistics of current trends |
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EEOC issued its performance and accountability report 2011 |
reporting nearly 100,000 of charges of discrimination - which is more than any year in the agency's 50 years history |
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what are the total charges |
they are numbers that reflect the number of individual charges filed. an individual often file charges that claim multiple types of discrimination. total number of charges for any giving fiscal year is less than the total of eight types of discrimination listed |
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How does the Office of Research, information and planning (ORIP) compile the data? |
the data is compiled via quarterly reconciled data summary reports and compiles from the EEOC's Charge Data System and from FY 2004 forward compiles data from EEOC's Integrated Mission System |
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When was EEOC's Integrated Mission System established? |
Fiscal Year 2004 |
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Hostile takeover example International Paper takeover Temple-Inland |
In 2011 Temple_Inland board of director rejected the friendly acquisition bid. International Paper went directly to the shareholders with a $3.31 billion offer which was 46% more than what the Temple-Inland stock was trading for in the days leading up to the offer. |
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example of acquisition |
Siebel Systems was purchased in 2005 by its competitor, Oracle Corp. |
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Hostile takeover |
when the management and board of directors of a company that is being acquired object to the takeover. They are usually antagonistic |
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Wright Sisters, Inc |
Strategic Plan |
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Sirius Satellite Radio and XM Satellite radio |
Well known Merger in 2008
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Sarbanes-Oxley Act |
(SOX) Senator Paul Sarbanes and Representative Michael Oxley drafted the act which was enacted by Congress in 2002 in response to the Enron and Worldcom scandals. It is aimed primarily at public accounting firms who participate in audits of corporations. Cut down on incidents of corporate fraud and holds company CEO and CFO responsible for the in formation in the companies financial statements |
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Other examples of risk management trending and forecasting include |
1. Unemployment rates by geographic location 2. Safety Standards ( ex ergonomic and heat-illness prevention) 3. Updates to labor laws referencing cultural or technological trends (like religious discrimination post September 11, 2001 |
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OFCCP |
OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS |
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HR Technology |
because of technological developments HR functions have evolved and reduced the time HR staff have to spend on timekeeping, payroll, tax payment etc. |
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HR technological tools |
HRIS - Human Resources information Systems ATS - Applicant Tracking systems |
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employee self service |
employee access to a system where they can update personal information |
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Legislative Process |
federal legislative process comes from someone that has an idea. Like senator, congressman, individual etc. |
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MOC |
Member of Congress |
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Ideas that come from someone other than member of Congress(MOC), House of Rep's or Senate the process |
The idea must be presented to member of Congress (MOC), House of Rep's or Senate to begin the process then 1) if the MOC agrees to sponsor a bill and present it to the full body of the House or the Senate it is assigned to a committee for sudy 2) committee determines the likelihood it to pass If it is determined If no then bill effectively dies in the committee 3) Bills that are deemed likely to pass a vote of full body are studied by subcommittee 4) sub study bill, make changes called marking up/ if the bill is not sent back to the full committee then it dies in the sub 5) bill returns to full committee accept sub changes and "order the bill reported" 6) a report is prepared with dissenting views of members that voted against 7) Once it is report out of the COM the bill in placed on a legislative calendar 8)present and debate bill 9) vote conducted 10) if passed then goes to the other full body. If the body rejects it. the bill dies and doesn't become a law 11) if bill is passed the second body changes to bill are reconciled. If congress does not agree then bill dies. If both houses vote then have a conference report before the bill is forwarded to the president for his signature.12) president has three choices- sign it into law, veto it or fail to sign it. If vetoed congress can override the veto by 2/3 vote of a quorum in each house in which case the bill becomes law inspite of the veto. If president fails to sign- bill and congress is in session it can stay unsigned for 10 days and it will become a law without the president signature. If congress adjourns before the 10 days period is up the bill won't become law this is know as pocket veto |
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Pocket Veto |
If a bill that has been overridden by both houses is not signed within a 10 day period and congress is in session then the bill will become law in spite of the veto, but if congress adjourns before the 10 day period is up the bill won't become law. |
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3 Types of Administrative Law that impact the employment relationships |
1) agency rules and regulations 2) agency orders 3) executive order |
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Administrative Law process |
1) develop rules and regulations 2) publish rules and regulations in the Federal Register 3) Once comment period is complete, agency publish final rules that take effect no sooner than 30 days after the date of public notice |
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Federal Register |
official daily publication where federal agencies and the Office of the President publish rules and regulations and notices which gives the public an opportunity to comment on the proposals. |
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Administrative Law courts |
It is a type of court specializing in administrative law. |
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Administrative Law |
body of law that governs the activities of the agencies of the government. Gov't action can be rule-making, adjudication, enforcement or specific regulatory agenda. Admin Law is considered a branch of public Law. Admin Law deals with the decision-making of administration units of government. ( tribunal, commission, board) that are part of the national regulation scheme. |
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Public Law |
Is the law that governs the relationship between individuals an government and a direct concern to the society. constitutional law, tax law, administrative law, criminal law and procedural Law |
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Types of Public Laws |
constitutional law, tax law, administrative law, criminal law and procedural Law
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Regulatory Scheme in areas |
Police law, international trade, manufacturing, the environment, taxation, broadcasting, immigration and transport |
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Government Actions - Administrative Law |
Gov't action can be rule-making, adjudication, enforcement or specific regulatory agenda
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Administrative law judge |
ALJ - In the US this is the judge and tried of fact who have authority in the trial and adjudicates the claim or dispute in administrative law |
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trier of fact
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also referred to finder of facts. tried of Fact is the person or group who determines the facts in a legal proceeding usually in a trial. In a jury trial the Jury is the tried of fact. In a Bench trial the judge is the tried of fact. |
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Bench Trial |
trial by judge rather by jury. so the judge is the tried of facts or finder of facts |
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executive order |
which are ordered by the president of the USA and become law after they have been published in the Federal Register for 30 days. |
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Lobbying |
activity in which anyone can participate when they want to influence new laws and regulations |
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In HR SHRM lobbies through |
their legislative affairs committees (LAC's) on national and local levels who monitor any changes to employment related legislation and regulation in addition to coordinating lobbying efforts. |
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Corporate Governance |
refers to various influences and process that impact the way a corporation is managed and the relationship among its stakeholders, shareholders, board of directors and management |
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Organization Values and Ethics |
org's responsibility are legal required to interact with employees, shareholders, and the community at large in a trustworthy ethical manner. Making decisions that could affect employees safety and well being while at work. treating employees, customers and stakeholders honestly and fairly to working with an individual through training to become more productive members of society |
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what happened between 2001 and 2002 that Sarbanes-Oxley Act was established |
Enron, Worldcom and Global Crossing illegal business practices and provided penalties for violations |
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what changes did Sarbanes- Oxley make |
1. establish the public company accounting oversight board (PCAOB) - conduct periodic inspections to ensure compliance 2. auditors are independent with respect to the business' audit, restrictions on non-audited related services, rotate partners at least every 5 years. 3. corporate responsibility standards like holding the CEO and CFO accountable for the fairness and accuracy of financial reports 4. CEO and CFO payback inaccurately reports to the security exchange commission for misconduct. SEC 5. prohibit insider trading during pension blackout period 6. establish ethical requirements for senior financial officers 7. took steps to ensure fairness, accuracy and independent of stock analysis 8. establish criminal penalties for management who defraud 9. protect employees when they report (whistle-blowing ) for shareholders fraudulent activity and violating the SEC regulations |
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SEC |
security exchange commission |
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where does ethical behavior start? |
It begins from the top levels of the org. |
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ethical behavior |
when people to the "right thing" |
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why does the "right thing" means different things to different people? |
because people's values are different and are determined by culture in which the person grew up in, their family background and personal experiences. |
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what are the terms that provide a guideline |
code of conduct and code of ethics |
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code of conduct and code of ethics
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these terms are interchangeable but each has a different purpose |
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code of ethics |
statement of ideal standards that the org is committed to provide in their business practices |
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code of conduct |
is a statement of behavior that org expects from employees. |
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If code of conduct is violation |
begins the disciplinary actions of a org since the individual/s violated the standard behavior. |
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How are code of conduct and code of ethics statements combined |
each topic(honesty, conflict of interest) consists of an ethical statement with description of expected behavior.
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conflict of interest |
1) ethical/value statement, 2) Conduct statement |
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ethical/value statement
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intent of the company to comply with regulatory requirements and act in the best interest of our stakeholders. |
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Conduct statement
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employee report regarding conflict to the manager or ethics officer for guidance before proceeding |
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when are corporate values created |
during the strategic planning process which sets the stage for ethical behavior there fore the code of conduct and code of ethics inform employees about the expected behavior |
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Topics to consider when creating a code of ethics |
honesty, integrity, confidentiality, conflict of interest insider information, Gifts, Personal use of company assets workplace privacy, fairness |
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honesty |
sets an expectation of honesty in the workplace. executive must model honesty |
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Integrity |
firm adherence to a code of moral values. demonstrated by when an individual does the "right thing" |
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confidentiality |
NDA - all confidential info of org can be found in every department |
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what is the duty of the HR professional with respect to confidential information |
to maintain all company confidential information from employees, age, ssn, payroll) to company financial statements |
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conflict of interest |
employee must put the interest of the org before their own. The employee stands to to gain personal gain from an action taken by the employer is considered a conflict of interest. |
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Insider information |
any information that an employee has access to or comes in contact with that isn't available to the general public. using this information in the stock exchange it is illegal and can result in criminal prosecution and civil penalties |
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gifts |
gift exchange with customers, vendors and employees |
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The Foreign corrupt practice Act 1977 |
enacted by congress in 1977 in response to revelations multinational corporations of the bribes that were paid to obtain business in some foreign countries |
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Personal Use of company Assets |
A code of ethics should clearly state what the employer considers to be an appropriate and acceptable use of company assets. personal calls and email are considered inappropriate in some companies but in others it is acceptable. Copying and distributing copyright material is a violation of patent and copyright material |
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Workplace Privacy |
surveillance camera for employers to monitor employees |
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a real test of Org's fairness |
an employee makes a claim to a federal agency, claiming that illegal activity has occurred. This person is known as whistle-blower |
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malfeasance behavior |
misconducts |
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what are some federal statues that protect an employee who "blew the whistle" |
OSHA - occupation safety and health act RSA - Railroad safety Act TSCA - toxic substance control act SDWA - safe drinking water acat |
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prima facie |
based on impression, it is correct until proven to be false |
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prima facie violations include |
1. employee was engaged in a protected activity 2. employer knew or suspected that the employee was engaged in a protected activity 3. the employee suffered an unfavorable employment action 4. circumstances exist to infer that there are contributing factors to the unfavorable action was the employee participation in the protected activity. |
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Protection Activity |
Legal term used in labor policy to define employee protection against the retaliation of the employer retaliation. |
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what are three main terms to describe retaliation |
adverse action covered individual protected activity |
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retaliation |
is when an employer, employment agency or labor org take adverse action against the covered individual because he or she participated in a protected activity |
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Adverse Action |
is an action taken to keep someone from opposing the discrimination practice. by terminating, refuse to hire or deny a promotion. other action include threats, unjustified negative evaluations, unjustified negative references or increase surveillance. does not include petty slights and annoyance, college snubbing. it is also unlawful for a current employer retaliate against the employee for filling a complaints their former employer |
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covered individual |
people who oppose the unlawful practices - the employees who blew the whistle on the org's illegal activity |
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petty slight |
of little or no importance or consequences |
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Protection Activity - protected opposition
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Telling someone about the alleged discrimination
threatening to file picketing opposing discrimination refuse to obey an order reasonably believed to be discriminatory |
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Not Protected activity |
actions that interfere with job performance that rendered let the employee ineffective or unlawful activities like threats of violence |
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how many days does an employee have to file a retaliation complaint |
file with 90 days of the retaliatory action by the employer, if OSHA does not issue a final order within 180 days of filing the employee may file a suite in a US district court |
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what happens if OSHA finds that the retaliation occured |
1) OSHA seeks to reach a settlement between the parties 2) OSHA has authority to order an reinstatement of employees with back pay, restore benefits, and oder other actions that make the employee whole, which includes paying interest on back wages and compensation for attorney's fees and litigation costs. |
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If company officials are found to be guilty of retaliation they are subject to |
criminal penalties and 10 year in prison |
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Effective process to maintain confidential reports |
1.Clear policy statement which identifies steps for employees to follow if they discover unlawful activity 2. Training for employees so that they know the difference between lawful and unlawful activity. 3. train managers on how to handle employee reports, maintain confidentiality to prevent retaliation. 4. system for tracking complaints and keeps investigation records so it easy to follow up. 5. develop an investigation process. 6. Record retention system from documents gathered during the investigation to comply with SOX requirements for full and complete access in any legal action related to SOX. |
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some Sarbanes-Oxley Act Requirements |
1. Full and complete access to the org's the record retention system in any legal action related to SOX 2. whether the company is publicly held, midsize, private held company they are bound to Sarbanes-Oxley. 3. Attorney's recommend that the publicly held, midsize, private held company need to establish a formal channel for reporting possible unethical or fraudulent activity. |
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OSHA concluded that |
the regulations they proposed were aligned with the language in the sarbanes-oxley act and that they did not have the authority to expand those definitions. |
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Employees often are in a better position than the supervisors or managers for what? |
employees are in a better position to observe questionable actions of co-workers than the supervisors and managers since they have multiple responsibilities and are distant from the day to day operations. |
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Association of Certified Fraud Examiners - ACFE |
anti fraud organization |
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what did the Association of Certified Fraud Examiners report in 2008 |
The association of certified fraud examiners reported in 2008 that 46% of frauds are initially detected by employee, vendor, customer or other shareholder's tips, compared with 19% discovered through internal audit process. |
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Ethical Officers |
are responsible for making sure that the organization adheres to the ethical standards set by the executive team. |
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What did the Enron scandal opened the doors to? |
Enron scandal and particularly the month when congregational hearings into the bankrupt corporations activities were televised and this opened the door for increase in complaints that the Security Exchange commission received. The average of 365 days in 2001 to 525 per day for the month of January 2002. |
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Katie Banks from the Dallas Morning News reported |
an in crease in whistle blowing complaints at the Department of Justice, from 33 in 1987 to 483 in 1999 |
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Sherron Watkins |
credited with blowing the whistle on Enron accounting practices. Watkins went straight to Enron's CEO Ken Lay Long to advise him of the wrong doing and to stop it, which never happened and a month later Enron filed for bankrupcy |
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Dr. Jeffrey Wigand |
former tobacco executive who was fired from Brown & Williamson tobacco corp in 1993 after they refused to remove known carcinogen from its cigarette products. Wigand files civil lawsuit & appeared on 60 minutes TV show. Brown &Williamson launched a campaign to discredit Wigand. Dr. Wigand was the key witness in the lawsuit and brought 46 states against the tobacco companies which was settled when they agreed to pay $206 billion reimbursing the states for medical related to smoking. |
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Global consideration common issues |
1. rate of pay for new hire 2. Offer Letters and employment contracts that comply with foreign and US laws 3. impact of foreign tax structure on corporate income statement 4. details of starting operations in a new country for 1st time, comply with payroll-processing regulations, understand foreign stock-option rules and creating inter company agreements. 5. How day to day support will be given. 6. corporate tax filing. |
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low-context culture |
culture that communicates information in a more direct manner (U.S.A). these types of relationships last for a short time or exists for specific reason. |
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individualistic |
individual accomplishments are valued higher than group accomplishments. they are independent, and are expected to look out for themselves with family being the exception. privacy and having personal space are also valued |
