1© 2012 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries.The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.
Reaching and Monitoring Remote Workers
SCCE
February 21, 2017
Eric Morehead, Principal Consultant
Morehead Compliance Consulting
Morehead Compliance Consulting
Today’s Outline
• Who is a Remote Worker?
• Strategies and Resources for Reaching and Monitoring Remote Workers
• Can We Show Our Ways to Show Program is Risk‐Based?
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Who is a Remote Worker?
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2© 2012 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries.The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.
Remote Workers
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Who is a remote worker?
• Working from home• Working at fixed remote site• Working from mobile site • Working at distant locations• Some mix of the above
Some Characteristics of Remote Workers
The Positive
• Overall, remote workers tend to feel more valued
• Several studies point to increased productivity and efficiency
• Just over 52% report daily contact with a manager
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The Challenging
• Feeling of value does correlate to perception of flexibility
• “Relationships with coworkers” are rated lower – collaboration penalty
• Up to 37% of North American organizations report having some remote workers, or some remote working capabilities.
See:”What Leaders Need to Know About Remote Workers,” TinyPulse Survey, https://cdn2.hubspot.net/hubfs/443262/TINYpulse_What_Leaders_Need_to_Know_About_Remote_Workers.pdf?t=1462203875281
Some Strategies to Reach Remote Workers
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3© 2012 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries.The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.
Mobile Platforms & Other Technology
• Mobile training (LMS, handheld and tablet apps)
• Portals
• “Live” training via Skype or Webinar
• Give and take
• Face to a name
• Engagement
• Beware of more “layers”
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Human Resources
• Ethics “Ambassadors”, “Evangelists”, “Heroes” ‐ there are many names for this function and can be adapted to suit the needs of the company
• Helps connect remote managers to the E&C organization. It also provides another resource for managers to help them identify and manage emerging risks and can facilitate learning and communications.
• Address/conduct compliance training heavily up‐front/onboarding of any new position
• Link performance review & compensation to compliance initiatives
• Live training ‐ Personally meeting with and talking to employees at various locations adds credibility to the messages senior and middle managements are trying to convey.
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The Key To Unlock the Door…
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4© 2012 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries.The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.
Involving The Middle
• Most trusted source• Most contact
• Most likely to connect on issues of importance
• “All Culture is Local”
• No Need to remake the wheel• HSE Networks
• HR Networks
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Using Local Language and Customary Norms
• Language as used by your workers
• Not just foreign countries
• Suit and tie versus…
• By “customary” we mean both local culture AND local/regional/ organizational norms
• Managers are best‐placed to get this right
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Some Strategies for Middle Managers
• Mangers should:• Speak frequently about ethical values and the commitments of the company (including retaliation and organizational justice)
• Anticipate common issues and discuss them
• Talk about the bottom‐line reasons for compliance and ethics (business case)
• Learn to recognize issues like perception of retaliation and how (and when) to escalate
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5© 2012 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries.The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.
Tone at the Middle
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53.6%36.8%
9.1% 0.5%
Indicate your level of agreement with the following statement: “The organization’s mid‐level managers regularly and consistently communicate
with employees regarding ethics and compliance.”
Strongly agree
Agree
Neutral
Disagree
Source: World’s Most Ethical (WME), Ethisphere (2015)
Support for Managers
• Training on their role, business case, specific compliance risks.
• Resources• Available materials on
• Reporting and employee roles
• Specific risk topics
• Business case
• Communication
• Periodic specific messaging
• Establish support network
• Objective criterion as part of manager’s review
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Tone at the Middle
15
39%
11%
50%
Does your compliance and ethics function provide targeted training to management with direct reports on their special
responsibilities related to compliance and ethics?
Yes, to all managers
Yes, to senior managers only
No
Source: Society of Corporate Compliance and Ethics (SCCE) and NYSE CEPE Survey (2014)
6© 2012 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries.The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.
Tone at the Middle
16Source: Society of Corporate Compliance and Ethics (SCCE) and NYSE CEPE Survey (2014)
Tone at the Middle
72% 72%77%
55%
76%
53%
34% 34%
Part of newmgr training
Periodictraining (<2 yrs)
New content <2yrs
Includescertification
Tracked forcompletion
Includes testing Testing resultsare maintained
Part of a mgrperformance
eval
The following applies to the manager training on ethics and compliance
17Source: World’s Most Ethical (WME), Ethisphere (2015)
Making the Case to the Middle
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7© 2012 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries.The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.
Motivation for the Middle – Negative Case
• Headlines (VW, Takata just the most recent)
• Yates Memoranda and other pronouncements
• The data (USSC) shows 60% of organizational cases include individual defendants
• Those defendants are mostly not “high‐level”.
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Relationship of Individual Offender To Organizational Cases Fiscal Years 2014‐2015
No Individual
Co‐Defendants
42.0%
At Least One
Individual Co‐
Defendants58.0%
FY14
No Individual
Co‐Defendants
41.4%
At Least One
Individual Co‐
Defendants58.6%
FY15
SOURCE: United States Sentencing Commission, 2014‐2015 Datafiles, CORPFY14 and CORP15.20
Percentage of Individual Offenders Who Were“High‐Level” Officials of Co‐Defendant Organizations Fiscal Years 2014‐2015
Owners21.4%
Board Members15.6%
Mgrs./Supvs.
8.2%
Not High‐Level
Officials54.9%
FY14
Owners19.8%
Board Members21.2%
Mgrs./Supvs.
9.0%
Not High‐Level
Officials50.0%
FY15
SOURCE: United States Sentencing Commission, 2014‐2015 Datafiles, CORPFY14 and CORP15.21
8© 2012 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries.The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.
Motivation for the Middle – Business Case
• Compliance and maintaining an ethical culture are integral to business operations
• Compliance has a “bottom‐line” effect on business performance
• Compliance and ethical culture have effects on the business that may not be immediately apparent
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Ethical Culture Matters: Reporting Percentage in “Strong or Strong‐Leaning” Cultures is Significantly Higher
80% Report In “Strong/
Strong‐Leaning Cultures
55% Report in
“Weak/ Weak‐Leaning” Cultures
Source: Increasing Employee Reporting Free From Retaliation, Ethics & Compliance Initiative (2015) and Retaliation: When Whistleblowers Become Victims, Ethics Resource Center (2012).
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Monitoring Lessons from Wells‐Fargo
• Sophisticated controls may not uncover even unsophisticated misconduct
• Incentives matter
• Employee perception of culture impacts reporting
• Easy to have disconnect from C‐Suite and ground level
• Dissonant messages may actually depress reporting and sense of organizational justice
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9© 2012 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries.The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.
Culture Provides Real Results
Companies with a strong ethical culture are much less likely to experience misconduct. 2011 NBES Survey, Ethics Resource Center.
Companies with a weak ethical culture experience up to TEN TIMES more misconduct than companies with strong ethical cultures. Compliance and Ethics Leadership Council, Corporate Executive Board 2013.
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Perception is Reality on Culture
• “Tone from the top” has limitations
• Culture is local for employees
• No matter the organization, the size, scope and type of business the top two reasons given for not reporting on observed misconduct are:
• Fear of retaliation – or the perception of likelihood of retaliation
• Organizational justice concerns• Belief that the company will not investigate wrongdoing
• Belief that the company will not treat allegations against management or top performers the same as for anyone else
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Strength of Culture Correlates to Misconduct
29%46%
67%
90%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Strong Strong Leaning Weak Leaning Weak Leaning
% of Employees who Observed Misconduct in Previous 12 Months
Source: 2013 NBES Survey, Ethics Resource Center
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10© 2012 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries.The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.
33%
60%
67%
84%
Zero Factors Two Factors Four Factors All Six Factors
Effective Compliance and Ethics Program Elements Correlate to Higher Reporting Percentages
Six Elements of a Program Measured in the Survey
• Written Standards• Training • Company provides
resources and advice • Anonymous and/or
confidential reporting• Performance evaluations
on ethical conduct• Systems to discipline
violators
Source: Increasing Employee Reporting Free From Retaliation, Ethics & Compliance Initiative (2015) and Retaliation: When Whistleblowers Become Victims, Ethics Resource Center (2012).
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Compliance and Ethics is a Recruitment and Retention Issue• An Ethical Culture Aids in Getting Top Staff
• Survey of nearly 800 MBA grads showed that the overwhelming majority (97.3%) were willing to work for less money at companies with a strong ethical culture
• On average, they were willing to give up $14,902 a year (or 14.4% of their expected salary) to work at such companies1
1. Source: Stanford and UC Santa Barbara, 2008, https://www.gsb.stanford.edu/insights/mba-grads-corporate-responsibility-trumps-salary2. Source: Increasing Employee Reporting Free From Retaliation, Ethics & Compliance Initiative (2015).
Retaliation and Observing Misconduct Increases the Likelihood of Employees Leaving
Of Those Who Experienced Retaliation
55%Leave Within 2 Years
Of Those Who Observed Misconduct
38%Leave Within 2 Years
Source: Increasing Employee Reporting Free From Retaliation, Ethics & Compliance Initiative (2015) and Retaliation: When Whistleblowers Become Victims, Ethics Resource Center (2012).
11© 2012 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries.The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.
Compliance and Ethics is a Career Development Issue• Managers Who Report Issues Experience retaliation at the same rate as non‐managers
• 22% of managers who report issues experience retaliation
• Retaliation includes not getting promotions or raises, being reassigned, demoted or harassed1
1. Source: Increasing Employee Reporting Free From Retaliation, Ethics & Compliance Initiative (2015) and Retaliation: When Whistleblowers Become Victims, Ethics Resource Center (2012).
Other Practical Monitoring Strategies and Resources• Get Compliance Committees involved – create network
• “Secret Shoppers” (3.20 SCCE Compliance Handbook) to anonymously review process.
• Audit, Audit, Audit
• Manager Training aimed at monitoring compliance of direct reports
• Engage senior managers and have peer manager training
• Spend some time on spotting and reporting misconduct and your escalation policies and process – spell it out
• Online resources – online network
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Can We Show Our Program is Risk Based?
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12© 2012 Microsoft Corporation. All rights reserved. Microsoft, Windows, Windows Vista and other product names are or may be registered trademarks and/or trademarks in the U.S. and/or other countries.The information herein is for informational purposes only and represents the current view of Microsoft Corporation as of the date of this presentation. Because Microsoft must respond to changing market conditions, it should not be interpreted to be a commitment on the part of Microsoft, and Microsoft cannot guarantee the accuracy of any information provided after the date of this presentation. MICROSOFT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE INFORMATION IN THIS PRESENTATION.
Can We Show Our Program is Risk Based?
• Determine/assess organizational risks by reviewing • Previous problem areas
• Previous audits
• Reports or evaluations conducted internally and externally
• Policies & Comms‐‐ do they exist, are they appropriate and are they being followed,
• Peer benchmarking,
• Current issues and emerging trends.
• Prioritize the risk
• Have a well managed hotline/website/email options (make it as easy as possible for your remote workers to communicate)
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Can We Show Our Program is Risk Based?• Publicly available COC that is appropriate for audience• Distribute policies and procedures to all remote employees & follow up the delivery with a confirmation. Include a high level summary of the most important piece(s) of the policy when communicating with your remote workers.
• Determine who needs what kind of training, which varies depending on location and job function of the remote worker
• Create training that is tailored and appropriate for that audience. Roll‐out training based on severity of risk
• Show continuous monitoring and be sure to update annually or as appropriate.
• Show that you deploy, train, resource and hold managers accountable
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Morehead Compliance Consulting
Questions?
Eric Morehead
www.moreheadconsulting.com
512-961-3890