A Comprehensive Primer on Labor and Employment Law
As employment-related litigation rates continue to rise, employers must look for ways to proactively protect themselves in a legal manner. Human resource compliance can be one of the most costly and time-consuming aspects for a business; can you streamline the process and prevent unnecessary risk? This program will get you up to speed so you can return to work confident in your abilities. Know the fundamentals of human resources: from hiring to firing and everything in-between. Register today!
- Understand the importance of thorough and accurate paperwork when hiring new employees.
- Know what a handbook should and should not contain by exploring the advantages and pitfalls of various policies.
- Review alternative dispute resolution tactics that are effective and advantageous for employment-related matters.
- Appropriately apply wage and hour exemption requirements in gray areas such as outside salespeople and highly-paid computer professionals.
- Ensure compliance with federal and state WARN Act requirements when performing layoffs.
- Remain up to date on the latest developments regarding employee behavior and controversial social media policies.
- Identify techniques for controlling back pay during a National Labor Relations Board investigation.
- Learn the key steps to investigating employee misconduct thoroughly and legally.
- Successful Hiring and Recruitment Steps
9:00 - 9:45, Adam Shestak
- Drafting Accurate Job Descriptions
- Job Applications: Getting the Data You Need
- Proper Way to Conduct Background Checks
- Screening References Through a Filter of Reality
- The Job Offer or Rejection Letter
- Checklist for a Legal Hire
- Orientation and Training
- Immigration Compliance Documents (I-9 and E-Verify)
- IRS and Federal Compliance Documents (SS-4, W-4, Form 940)
- Employee Handbooks and Policies in the 21st Century
9:45 - 10:30, Adam Shestak
- Guidelines for Whether Your Organization Should or Should Not Have a Handbook
- Ensuring Handbook Style Fits with Corporate Culture
- Revising the Old vs. Starting Anew
- Topics That Should be Included
- Boilerplate Language
- Alternative Dispute Resolution in the Employment Context
10:45 - 11:00, Joseph F. Quinn
- Wage and Benefit Issues
11:00 - 12:00, Craig M. Brooks
- Avoiding Misclassification of Employees (Exempt or Non-Exempt from Overtime Pay)
- Differences to be Aware of: Salaried Exempt vs. Salaried Non-Exempt
- Pennsylvania-Specific Wage and Hour Law Differences
- What Qualifies as Overtime? What Qualifies as Time Worked that Must be Paid (Break & Meal Time, Travel Time, On-Call Time, Training Time, Etc.)
- Preventing Wage & Hour Claims
- Other Employment Laws You Need to Know
1:00 - 1:45, Joseph F. Quinn
- Family and Medical Leave Act (FMLA)
- Americans with Disabilities Act (ADA)
- Worker Adjustment and Retraining Notification Act (WARN)
- Older Workers' Benefit Protection Act (OWBPA)
- Age Discrimination and Employment Act (ADEA)
- Title VII of the Civil Rights Act and Sexual Harassment
- Pregnancy Discrimination Act (PDA)
- Uniformed Services Employment Reemployment Rights Act (USERRA)
- Privacy Law - Employer Rights & Options
1:45 - 2:30, Craig M. Brooks
- Employee Surveillance
- Searches of Desks, Smartphones, Lockers, Vehicles, Equipment, etc.
- Monitoring Employee Communications: Calls, Email and Internet Use
- Dress Code/Personal Appearance
- Drug and Alcohol Testing
- Workplace Violence: Harassment and Bullying
- Off-Duty Behavior and Activities
- The National Labor Relations Board - Obligations and Compliance
2:45 - 3:30, Joseph F. Quinn
- Current Challenges in NLRB Policies
- Petition Process
- Complaint and Hearing
- Controlling Back Pay
- Avoiding a Bargaining Order After Winning an Election
- Rules on Secondary Boycotts
- Working Around the Problems in Project Only Agreements
- Handling Concerted Activity in Non-Union Environments
- How to Discipline and Discharge
3:30 - 4:30, Craig M. Brooks
- How and Why to Do a Good Investigation
- What's Reasonable Documentation and What to Do When You Don't Have It
- Should You Have a Discipline Policy?
- What to Do When There is no Policy Covering the Offense
- Options for Discipline
- What Goes in the Discipline/Discharge Letter?
- Communicating About the Discharge to Other Employees
- Final Pay - What Goes in It and Can You Withhold from It???
- Waivers and Releases
This basic-to-intermediate level seminar examines the current issues in human resource law for:
- HR Personnel
- Presidents and Vice Presidents