The XYZ Doohickey Company was founded in 1971, and has been providing quality doohickies to the public ever since. Located in Gotham City, XYZ employs over 2,000 people and does all kinds of awesome things for the Gotham community.

• Unless you are specifically authorized to do so, you may not participate in social media activities with Company resources and/or on Company time.
• Respect proprietary information and content, confidentiality, and the brand, trademark, and copyright rights of others.  Always cite and obtain permission when quoting someone else.  Make sure that any photos, music, video, or other content you are sharing is legally sharable or that you have the owner's permission.
• Offensive, demeaning, abusive, or inappropriate remarks are as out of place on line as they are offline, even if they are unintentional.
• Think carefully about "friending" co-workers.

• Use of the Spanish version of the Form I-9 except in Puerto Rico
• Failure to use current version of Form I-9 at the time of hire
• Employee's maiden name, address or birth date missing in Section
• No alien registration number next to the phrase in Section 1, "A Lawful Permanent Resident" where the number is in Sections 2 or 3 of the Form I-9 (or on a document retained with the Form I-9 and presented at the Form I-9 inspection)
• No alien registration number or admission number next to the phrase in Section 1, "An alien authorized to work until" where the number is in Sections 2 or 3 of the Form I-9 (or on a document retained with the Form I-9 and presented at the Form I-9 inspection)
• Employee attestation date missing in Section 1
• Employee attestation not completed at the time of hire in Section 1
• Name, address or signature of the preparer and/or translator missing in Section 1
• No date in the preparer and/or translator certification box in Section 1
• No document identification number of a List A, B or C document in Section 2 where a copy of document(s) is retained with the Form I-9 and presented at the Form I-9 inspection
• No document expiration date of a List A, B or C document where a copy of document(s) is retained with the Form I-9 and presented at the Form I-9 inspection
• Failure to state "Individual under age 18" in Column B, for employees under the age of 18 that used only List C documents
• Failure to state "Special Placement" in Column B, for employees with a disability using only a List C document
• Business name or address missing in Section 2
• Date employment begins missing in Section
• Employer's or authorized representative's title missing in Section
• No employer attestation date in Section 2
• Employer attestation in Section 2 not completed within 3 business days of hire. If the employee is hired for 3 business days or less, at the time of hire
• Employment Authorization Documentation in Section 2, failed to use document number (effective 2/2/2009)
• No document identification number of a List A, B or C document in Section 3 where a copy of document(s) is retained with the Form I-9 and presented at the Form I-9 inspection
• No document expiration date of a List A, B or C document in Section 3 where a copy of document(s) is retained with the Form I-9 and presented at the Form I-9 inspection
• Date of rehire missing in Section 3, if applicable
• New name missing in Section 3, if applicable

General George W. Casey, Jr. will speak to WorldDenver members as part of its Denver World Affairs Council Speaker Series on Wednesday, March 28^th.  Ireland Stapleton Pryor & Pascoe, PC will sponsor the event.

• Attendance is outside of the employee's regular work hours;
• Attendance is voluntary;
• Training is not directly related to the employee's job; and
• The employee performs no productive work during attendance.

• Child-on-child exploratory incident, which occurred while the children were left in the care of a teacher;
• Sexual abuse of a child by a teacher;
• Neglect of a child by a teacher, where the child was physically injured while under the supervision of the teacher; or
• Physical/emotional abuse of a child by a teacher, as the result of rough handling or emotional abuse of the child.

Preventing Allegations

• Hiring issues
  • Conduct the required background checks.
  • Consider comparing employees against the list of registered sex offenders in their neighborhood, as a "belt and suspenders" check.
  • Consider private background checks.
  • Consider whether questions should be asked in the interview or included on an application - Have you ever reported abuse? What is your understanding of mandatory reporter laws?  In some ways the answer is less important than the potential employee's demeanor when responding.  You can train around a lack of knowledge but if your intuition is telling you that this person is unsafe, question whether that can be fixed.
• Physical abuse
  • Adopt a zero tolerance policy on corporal punishment.
  • Consider your "stop gap" policies. How do you support teachers "on the brink?" Do you have a culture where employees support each other if they are tired, stressed or being worked over by a 2 year old?  What kind of breaks do you allow for teachers who just need, as I like to call them, a "fake smoke break" for a deep breath outside.
  • How do you assess whether a potential employee is appropriately suited for a particular age group?  Different people have different reactions to different age groups and frustration can lead to bad judgment.
• Reporting issues
  • Partner with your county and with licensing for training, as they are able to participate.
  • Do everything you can to create a "culture of reporting."
  • Report any incident of abuse, neglect or maltreatment to the appropriate agencies.
  • Ensure that employees understand that they are mandatory reports, and must report any claims of abuse, neglect or maltreatment to the county or law enforcement officials directly; reporting to their supervisor or the center director is not sufficient.
  • Include in your policy a notice that employees will not suffer retaliation if they report abuse.
• Sexual abuse
  • Adopt "body safety rules," such as those found at parentingsafechildren.com.
  • Consider periodically requesting a list of the sex offenders in the surrounding areas so that you know where to take kids on walks and what streets to avoid.
  • Familiarize yourself with the U.S. Department of Justice Guidelines for the Screening of Persons Working with Children.[1]
  • Do not allow older children to sit on your lap.
  • Do not kiss children on the lips.
  • If very young children want hugs, do not hug children for a long time.  Establish a policy of using "side hugs" and not "front hugs" in your center.
  • Install programs on your computers to prevent employees from accessing pornographic cites.
  • Give notice to employees that, under no circumstances will company hardware be used to view or share pornographic or even adult material.  Facebook is fun, but "friends" post silly things that may be grossly inappropriate for small children.
  • Give notice to employees that they have no expectation of privacy in their lockers, purses, computers, phones, etc. brought on site, within the bounds of the law.
  • Enforce your own policies consistently and often.
• Prevention policies - eliminate the opportunity for a predator in your environment AND protect innocent, bad decisions that make safe teachers look like predators.
  • Never spend time alone with students.
  • Always allow parents access to their children.
  • Never share overnight space with children other than your own.
  • Maintain ratios and consider staffing above ratios to avoid ever leaving staff alone with children.
  • Never completely darken a room, even during naptime – allow some light.
  • Install windows (in bathroom doors for younger children and classroom doors in all classrooms) whenever possible to increase visibility.
  • Rearrange furniture in a classroom to encourage 100 percent visibility.
  • Consider whether you need a verbal call and response policy similar to that which some centers use for feeding infants.  Instead of "I am now feeding Jake a bottle of breast milk; his rubber band color is blue" consider "I am now taking Jake alone to the bathroom; I should be back by 9:05."  This kind of policy can make the decision the difference.
• For individuals
  • Educate yourself on mandatory reporting issues and on liability prevention; do not rely solely on your employer.
  • Lawyer up, when necessary.  A neglect charge could end your career.  How much is that worth?
• Policy considerations
  • Make a decision about bathroom, shower and changing area use and procedure.
  • Craft a clear policy for swimming pools.
  • If parents do choose to hire staff as babysitters, require them to sign a release, even including it as part of the registration packet.
  • Review your diapering procedure and enforce use of gloves.
  • Create a "volunteer" tour and other third party policies to confirm who is allowed to enter the center, why and when.
  • Craft a payment policy – parents who owe money are, at times, your biggest worries.
• Other training issues
  • Train staff on how the introduction of adult topics into their conversations with each other can become fodder for abuse allegations as children overhear and lines become blurred.
  • Train staff on the ways in which personal use of social media can lead to liability – liability that may be personal to them as well as to the center.
  • Work with the county and your licensing specialist on scheduling trainings, when they are able, to confirm their buy-in on your procedures and to foster a healthy, communicative relationship with both.
  • Be explicit in your training – don't hesitate to mention something that you think is obvious, or that needs to be said but feels "uncomfortable."
  • Adopt a clear policy with respect to photographs – no photographs should ever be taken of any naked body parts.  Make a deliberate decision about whether any photographs of children are necessary and allowed. What if only a school camera were used?
• Other general, process issues
  • Take the allegation seriously; report, investigate and document.
  • Participate in the process appropriately and with help.
  • Keep your cool.  If you can't, allow your attorney to act as a liaison.
  • Just the facts ma'am; Don't make unnecessary admissions /disclosures.
  • Consult counsel – criminal and civil.
  • Don't wait to respond!

While there is much debate regarding this ruling, and it is likely that this decision will be appealed to the Colorado Supreme Court, employers have some assurance they are free to continue with their standard drug testing procedures, keeping in mind these best practices:

• Colorado courts and the unemployment office still want well-articulated drug testing policies that provide advance notice to the employee of the employer's intent to engage in drug testing;
• Employers must be consistent in their application of policies to all employees; and
• Employers must treat employees with similar drug testing results in the same manner.

Ireland Stapleton's employment law group works closely with employers and government entities on all aspects of employment law including employment agreements;  employment handbooks and policies, including drug testing policies and procedures; disciplinarily actions; and training for employers and employees on employment-related issues including discrimination, sexual harassment, FLSA, ADA and FMLA.

MORE INFORMATION
To schedule a training or a time to discuss your employment policies and procedures contact our employment practice group leader, Michelle B. Ferguson, at 303-628-3658 or mferguson@irelandstapleton.com.

Copyright © 2013 by Ireland Stapleton Pryor & Pascoe, PC
www.irelandstapleton.com.

• The training, even though it includes actual operation of the facilities of the employer, is similar to that which would be given in a vocational school;
• The training is for the benefit of the trainee;
• The trainees do not displace regular employees, but work under close observation;
• The employer that provides the training derives no immediate advantage from the activities of the trainees and on occasion his operations may actually be impeded;
• The trainees are not necessarily entitled to a job at the completion of the training period; and,
• The employer and the trainees understand that the trainees are not entitled to wages for the time spent in training.

• Colorado courts and the unemployment office still want well-articulated drug testing policies that provide advance notice to the employee of the employer's intent to engage in drug testing;
• Employers must be consistent in their application of policies to all employees in similarly-situated positions; and
• Employers must treat employees with similar drug testing results in the same manner.

• What are our “must have” positions?
• What staff is “non-essential”?
• Is there redundancy in our “must have”?  If not, how can we create it in the event of unavailability?

• Where will we operate if we cannot access our current location?
• Where will we evacuate to, if we must?
• What forms of transportation must we have access to?

• What equipment?
• Licenses?
• Supplies?
• Paperwork?
• Phone numbers?
• Vendors/vendor information?
• Emergency contact information?
• Medical information?
• Technology?
• Utilities – phone, Internet, electricity?

• How will our people communicate to a central location the fact of an emergency at the outset?
• How will employees be notified, internally?

• Natural disaster: Flood, fire, tornado
• Emergency related to provision of utilities: gas leak, failed water supply or sanitation failure
• Emergency because of our location: overturned semi-truck (if near a highway), neighborhood shooting (if in a troubled neighborhood, across from a bank)
• Gun violence: single shooter
• Physical or sexual assault: by or of third party, parent, participant, employee
• Sexual predators: third party, parent, participant, employee
• Pandemic

This is just a start, but it is a good start.  In my experience as a drafter of policies, the best way to start crafting a plan is to, well, start.  Sometimes you don’t know what you need until you sit down and start drafting it.  Only then will you be able to have productive discussions with your stakeholders and find the holes in what you prepared.

• Cell phone with extra charged batteries
• First aid kit
• Water, formula, bottles
• Food
• Blankets
• Activities (crayons, paper)
• Diapers, toilet paper
• Pacifiers
• Batteries, flashlights, candles, matches
• Phone numbers
  • Licensing (to call for an emergency waiver)
  • Fire
  • Police
  • County
• Paperwork
  • Parent contact information
  • Class lists, with names and photos
  • Medical information – allergies, etc.
• Maps
  • Reunification supplies