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PRACTICAL/DISCOVERY DATA MANAGEMENT ISSUES FACING IN-HOUSE HR
Kathy Perkins Kathy Perkins LLC Jospeh A. Krock, Ph.D. Andrew J. Cook, Ph.D. The Claro Group, LLC March 29, 2017
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Introduction Kathy Perkins LLC
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Ph.D. Economics – University of Chicago
Joseph A. Krock, Ph.D. Ph.D. Economics – University of Chicago 18 Years of Experience in Wage & Hour Litigation Bell v. Farmers Insurance Exchange - FIE Primary consultant – non-testifier Executed sampling & deposition process for Farmers Post trial work In Re Farmers Insurance Exchange, Claims Representatives’ Overtime Pay Litigation Primary consultant Executed claims-made analyses Numerous class certification matters Provide expert witness declaration/deposition testimony Kathy Perkins LLC
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Ph.D. Public Policy – Carnegie Mellon University
Andrew J. Cook, Ph.D. Ph.D. Public Policy – Carnegie Mellon University More Than 15 Years of Experience in Discrimination and Wage & Hour Litigation Consultant for numerous class action discrimination matters and company-wide EEOC investigations Industries – Big Box Retail, Biotechnology, Defense Contractor, For-Profit Education, Insurance, Non-Profit, Pharmaceutical, Restaurant, Technology Protected Groups – Age, Gender, National Origin, Race Employment Practices – Hiring, Compensation, Promotion, Termination Expert witness declaration/deposition testimony Single/Multi-Plaintiff economic damages and mitigation Class action wage & hour matters Kathy Perkins LLC
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Kathy Perkins, J.D. J.D. – Harvard Law School More Than 30 Years Defending Employers in All Types of Employment Litigation Former Managing Member of Constangy, Brooks & Smith LLC’s Kansas City Office Former Shareholder with Stinson, Mag & Fizzell Former Partner with Stoel Rives LLP Focused an Reducing the Risk of Employment Litigation Through Seminars and Training Sessions Directs Internal Investigations and Is a Trained Mediator Extensive Experience Assisting HR with Data Management Issues Related to Internal Investigations and Litigation Kathy Perkins LLC
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Goals of this Workshop Help HR better understand the company’s internal data assets (what is being tracked, what needs to be tracked, and what changes need to be made moving forward) Identify the owners of those assets within the organization (who do you need to talk to within the organization to get answers) Help make the interface between in-house HR professionals and external data experts and other vendors more efficient and productive Kathy Perkins LLC
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Understanding Specifics About the Company
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Understanding Specifics About Your Company
Industry Different industries need to concern themselves with different types of data Professional Services Retail Food Service Transportation Agriculture Location Is the company doing business in CA Is the company doing business in multiple CA cities Is the company doing business in multiple states Kathy Perkins LLC
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Understanding Specifics About Your Company
Employee Population Make-Up What are the company’s employee population demographics What is the structure of the company Does the company use non-exempt employees, independent contractors, hybrids Is the company aware of potential laws, federal or state, that may change the exemption status of a portion of their employees Compensation Structure How does the company compensate their employees How are meal breaks recorded Are their policies that might raise red flags Employment Processes Does HR know how these processes are implemented Kathy Perkins LLC
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What Are Your Internal Data Assets?
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What Company Data is Currently Collected
Payroll Records Punch/Time Records Telephone Records Computer Login/Logout Records GPS Data Kathy Perkins LLC
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What Company Data is Currently Collected
General HRIS Information Employment History Education Special Skills Promotion Process Application Information Is there any data that isn’t collected, but should be Kathy Perkins LLC
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In What Format(s) Are the Company Data Collected
Electronic Is the information available electronically Is the data clean Is the data easily accessible Does HR/IT understand how the information is kept and the ease of providing this information to the relevant end-users Hard Copy Is the information only available in hard copy Are the documents legible Can these documents be OCR’d or scanned somehow to create an electronic database Is the information easily accessible Is the relevant information kept in one location/specific file v. in every office or multiple warehouses Kathy Perkins LLC
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Who Owns Your Internal Data Assets?
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Who Owns Your Internal Data Assets
IT HR Individual Locations Other Are there legal implications with obtaining data from certain internal assets Kathy Perkins LLC
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How Do You Make the Data Process Efficient and Productive
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Making the Data Process Efficient and Productive
Understand Your Audience Understand the language they use to discuss their data Understand how the data is housed and controlled Understand the best method for extracting the necessary data with the most precision Understand How the Data Will Be Used Internal investigation Litigation Day-to-day questions Communication, Communication, Communication Kathy Perkins LLC
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Thank You Joseph A. Krock, Ph.D. Andrew J. Cook, Ph.D.
The Claro Group, LLC Kathy Perkins, JD. Kathy Perkins LLC Kathy Perkins LLC
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