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Hear Tips and Tactics from Experienced Practitioners

Stay up to date on the latest legislative changes and court decisions impacting your human resource practices! This essential course focuses on day-to-day issue spotting - covering current hot button issues and highlighting practical pointers to avoid and handle common problem areas. Experienced faculty will take you through the critical legal issues you need to know from hiring to firing - including wages and benefits, workplace privacy, discrimination, and more. Don't miss this opportunity to learn techniques from those with years in the field. Register today!

  • Stay up to date on the latest changes and cases in human resource law you need to know.
  • Understand the legal do's and don'ts during the interview process, including background checks and drug testing, drafting employment contracts, and hiring independent contractors and immigrants.
  • Ensure overtime and employee leave policies are compliant with the law.
  • Learn appropriate methods for calculating and tracking FMLA time.
  • Make sure employee handbooks contain the critical provisions necessary to keep them up to date with current issues.
  • Discuss the latest interpretations of "disability" under the Americans with Disabilities Act (ADA).
  • Know how to appropriately handle thorny employee behavior issues while ensuring privacy rights are upheld.
  • Set up proper discipline and firing procedures to avoid wrongful termination and retaliatory claims.

  1. Recent Developments in Employment Law
    9:00 - 9:30, Written by Joseph M. Herbert. Presented by Joseph M. Herbert in Fort Myers and Sarasota.
  2. Hiring/Recruiting
    9:30 - 10:20, Written by Joseph M. Herbert. Presented by Joseph M. Herbert in Fort Myers and Sarasota.
    1. Job Descriptions and Advertisements
      1. Critical Elements (and What to Leave Out)
      2. Record Keeping Requirements
    2. The Interview Process and Avoiding Discrimination
      1. Interviewer's Oral and Written Questions
      2. How to Answer a Candidate's Potentially Dangerous Questions (Religion, Pregnancy, etc.)
      3. Skill Tests
      4. Medical and Drug Testing
      5. Background Checks; Arrest and Conviction Inquiries
      6. Credit Checks
      7. Social Media/Networking Checks
    3. Hiring Independent Contractors
    4. Hiring Immigrant Workers
    5. Communicating with Unsuccessful Applicants
    6. Drafting Employment Contracts
  3. Workplace Behavior and Privacy Issues
    10:35 - 11:25, Written by Joseph M. Herbert. Presented by Joseph M. Herbert in Fort Myers and Sarasota.
    1. Employee Surveillance
    2. Searches of Desks, Smartphones, Lockers, Vehicles, Equipment, Briefcases, etc.
    3. Monitoring Employee Communications: Calls, Email and Internet Use
    4. Dress Code/Personal Appearance
    5. Drug and Alcohol Testing
    6. Psychological and Personality Tests
    7. Workplace Violence
    8. Off-Duty Behavior and Activities
    9. Policies to Have in Place
  4. Wage and Benefit Issues
    11:25 - 12:25, Written by Scott T. Silverman and Denise Wheeler Wright. Presented by Denise Wheeler Wright in Fort Myers and Scott T. Silverman in Sarasota.
    1. Fair Labor Standards Act (FLSA)
      1. Misclassification of Employees (Exempt/Non-Exempt)
      2. Unpaid Overtime or Prework Time
      3. Calculating the "Regular Rate"
      4. Meal and Rest Breaks
      5. Fluctuating Workweek Pay and Tip Credit
      6. Unauthorized Work and Working Off-the-Clock
      7. Non-Exempt Employee Travel
    2. Benefits: Health Insurance, Flex Spending and Retirement Plans
      1. Modifications to the Consolidated Omnibus Reconciliation Act of 1985 (COBRA)
      2. Changes to Flexible Spending Accounts
      3. Employee Retirement Income Security Act (ERISA) - Pitfalls to be Wary of
    3. Leave Policies: Required by Law?
      1. Vacation and Sick Leave
      2. Jury Duty and Voting Leave
      3. Military Leave - Uniformed Services Employment and Reemployment Rights Act (USERRA)
      4. Family and Medical Leave Act (FMLA)
        1. Covered Employers and Eligible Employees
        2. Qualifying Reasons for Leave
        3. Notice Obligations
        4. Certification and Medical Documentation Requirements
        5. Leave, Reinstatement and Other Employee Rights
    4. Part-Time Employees and Temps: Wage and Benefit Obligations
    5. Unpaid Internships and Training Programs
    6. Record-Keeping: What and How Long
  5. Discrimination and Harassment
    1:25 - 2:25, Written by Scott T. Silverman and Benjamin H. Yormak. Presented by Benjamin H. Yormak in Fort Myers and Scott T. Silverman in Sarasota.
    1. Title VII and Related State Laws
    2. Americans with Disabilities Act (ADA) and Amendments (ADAAA)
      1. Interpretation of "Disability"
      2. Shift to Employer Burden (Interactive Process)
      3. Handling Accommodation Requests
    3. Age Discrimination in Employment Act (ADEA)
      1. Age Threshold and Employee Threshold
      2. Out-of-Retirement Issues
      3. Reduction-in-Force Issues
    4. Other Laws to be Aware of: Equal Pay Act (EPA), WARN, GINA, etc.
    5. Handling Complaints/EEOC
    6. Record Keeping/Retention Considerations
    7. Preventing Discrimination and Harassment
    8. Workers' Compensation Discrimination
    9. The Best Defense: Policies, Handbooks and Training
  6. Employee Discipline and Termination
    2:25 - 3:20, Written by Nikhil N. Joshi. Presented by Nikhil N. Joshi in Fort Myers and Sarasota.
    1. Evaluating Employee Performance While Mitigating Liability
    2. Employee Discipline Plan and Documentation
    3. Legal vs. Illegal Reasons for Terminating an Employee
    4. Disciplining an Employee Without Fearing a Retaliation Claim
  7. Is Your Employee Handbook up to Date?: Essential Components and Sample Policies for Today's Workplace
    3:35 - 4:30, Written by Nikhil N. Joshi. Presented by Nikhil N. Joshi in Fort Myers and Sarasota.

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