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Know Human Resource Best Practices to Ensure Employer Compliance and Mitigate Potential Liabilities

The success or failure of a business is directly linked to the employees, and it's crucial that human resource personnel legally manage labor and employment policies, documents and employee procedures to ensure compliance with federal and state laws. The regulatory landscape of employment law is constantly evolving; this program will swiftly get you up to date on handbook must-haves, wage and hour requirements, employee leave policies, and hot-button issues related to social media usage and employee monitoring. Don't rely on outdated information; utilize the latest best practices that not only protect employers from costly litigation and penalties but also effectively manage employees - register today!

  • Know what a handbook should and shouldn't contain by exploring the advantages and pitfalls of various policies.
  • Avoid inadvertent FLSA violations by properly classifying exempt and non-exempt employees.
  • Confidently navigate the intersections of FMLA, the ADA and state workers' compensation laws.
  • Be able to appropriately accommodate a disabled employee and know what sort of laws protect against discrimination.
  • Review hot-button issues related to social media and employee monitoring - know if and when you are violating employee privacy rights.
  • Properly execute performance reviews and know how to utilize them during a wrongful termination case.
  • Identify best practices for drafting and negotiating settlement agreements during employment disputes.

  1. FMLA, ADA and Workers' Compensation: Managing Leave of Absence Issues
    9:00 - 9:50, Christie L. Swick
    1. Family and Medical Leave Laws
      1. FMLA and Other Laws You Need to Know
      2. Covered Employers and Eligible Employees
      3. Special Considerations for Intermittent Leave
      4. Qualifying Reasons for Leave
      5. Notice of Obligations
      6. Reinstatement and Other Employee Rights
    2. Disability Laws
      1. The ADAAA and Other Laws You Need to Know
      2. How to Interpret "Disability"
      3. Shifting the Burden to the Employer
      4. Appropriately Handling Accommodation Requests
    3. Workers' Compensation Programs
      1. Workers' Compensation Claim Forms
      2. Temporary vs. Permanent Total Disability Benefits
      3. Establishing Return to Work Programs
    4. Navigating the Intersections of FMLA, ADA and Workers' Compensation
  2. Dealing With the Troubled/Troubling Employee
    10:05 - 10:55, Christi L. Swick
    1. Evaluating Employee Performance
    2. Employee Discipline Plan and Proper Documentation
    3. Legal vs. Illegal Reasons for Termination
    4. Retaliation Claims and Employee Discipline
    5. Negotiating Severance Packages and Separation Pay
    6. Compliance Exit Interviews: Documents and Disclaimers
  3. Drafting Must-Have Policies for Today's Handbooks
    10:55 - 11:45, Rex P. Fennessey
    1. Why Employee Handbooks and Policies are Important
    2. Complying with the NLRB's Newest Requirements
    3. When and How Often to Update Handbooks
    4. Examples and Drafting Tips for Safeguarding Against Liability
      1. Employee Disciplinary Procedures
      2. Social Media and Computer Use
      3. Drug Use and Drug Testing
      4. Employee Confidentiality and Privacy
      5. Sexual Harassment and Workplace Bullying
    5. Appropriately Formatting, Organizing and Distributing Handbooks
  4. Avoiding Wage and Hour Violations
    12:45 - 1:35, Brian O'Neal
    1. Wage and Hour Updates: Understanding Critical Essentials
    2. State Wage and Hour Statutes
    3. The Fair Labor Standards Act
    4. Properly Identifying Exempt vs. Non-Exempt Employees
    5. Calculating Overtime, Unpaid Overtime and Pre-Work Time
    6. Reducing "Off-the-Clock" Exposures
    7. Independent Contractor Classifications
    8. Department of Labor (DOL) Enforcement Initiatives
    9. Case Law Update
  5. Monitoring Employees: Privacy Issues and Employer Risks
    1:35 - 2:25, Martine Jackson
    1. Using Social Media in the Hiring Process
    2. Searching Desks, Smartphones, Lockers, Vehicles, Equipment, etc.
    3. Monitoring Employee Communications: Calls, E-mail and Internet Use
    4. Dress Code/Personal Appearance - What Can You Regulate?
    5. Drug and Alcohol Testing
    6. Workplace Violence - Preventing and Protecting
    7. Off-Duty Behavior and Activities
  6. Ethical Issues in Employment Law
    2:40 - 3:40, David O. Kreuter
    1. Key Rules of Professional Conduct
    2. Confidentiality
    3. Privileged Communications
    4. Identifying and Avoiding Conflicts of Interest
  7. Utilizing Alternative Dispute Resolution Tactics in Employment Matters
    3:40 - 4:30, Patrick M. Sanders
    1. When to Utilize ADR in Lieu of Litigation
    2. Internal vs. External ADR Policies
    3. Mediation, Conciliation and Arbitration
    4. Drafting and Negotiating the Settlement Agreement

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