Employment Law Series Employment laws affect every employment-related decision you make, and they are complex and constantly changing. Do you have the knowledge you need to protect yourself and your business? Conducted by labor and employment law attorneys, this intensive, interactive, multi-session series focuses on the steps you can take to cope with the requirements of various laws and regulations. Choose specific sessions or register for the entire series (a 75% savings). Early registration is encouraged...seating is limited!

11 session topics include:

Safe Selection: Reducing Your Hiring Risk: Finding the right person to fill an open position takes time and money, and when the “right person” shows up it can be tempting to rush the selection process. Resumes presented to employers may contain factual errors and candidates can “hide” negative events. You also don’t want to expose your company to legal action if the hiring process is perceived as discriminatory.

• Pre-Hire testing and assessments• Keeping interviews legal• Conducting legally sound background checks: FCRA requirements & EEOC guidance• Hiring foreign nationals

Preparing Effective Handbooks: A well written and complete employee handbook, whether standing alone or used in conjunction with an employment agreement, can be an important tool for communicating policy, defining expectations and memorializing expectations.

• Is your handbook an employment contract?• Laws that impact handbooks• What every handbook should (and shouldn’t!) include• Handbook best practices• Keeping your handbook fresh, relevant and accurate

Survivor 2019: Protective Employment Agreements: How vulnerable is your business to the loss of clients and proprietary information to departing employees? Employment agreements with non-competition, non-solicitation and anti-raiding provisions can both deter predatory activity and provide a weapon to use when it happens.

• When should you use restrictive employment agreements?• What terms will courts enforce?• What can be done to protect your business against claims by other companies whose

employees apply to work for you?• Trade secret protections for employers

 

 

Evaluating Employees & Employee Privacy Issues: Many employers are giving up on traditional performance evaluations. The evaluation process can be stressful, but written reviews are important sources of information for managing workforce performance, achieving goals, implementing downsizing plans and defending against post-employment claims. Also privacy and reputation issues are implicated when evaluating employees. • Training supervisors on how to evaluate and document • Usefulness of performance evaluations in management processes • Duties of loyalty that employees owe to their company • Negligent retention claims arising from employee misconduct • When is Publication/Communication of Employee Performance Protected and When is it

Defamation? • Keeping Information Safe: Legal Responsibility for Information Privacy

The Discipline and Discharge Process: Not every employee is successful and despite your best efforts, some must be asked to leave your organization. Following a fair and consistent process for discipline and discharge will help protect your company from potential legal action and improve your chances of defeating a lawsuit.

• The importance of the investigation process • Evaluation of evidence and risks • When you should fire immediately • Best practices for the discharge process

Documentation – Best Practices Documentation can either help the defense of an employment claim, or destroy it. Proper and effective documentation is absolutely key to the discipline and discharge process. This session will provide advice and guidance on:

The Importance of Good Documentation Techniques of Good Documentation Performance Evaluation Issues Termination/Discipline Documentation

Wage & Hour Laws: Few things garner more attention than a paycheck. The darling of “class” and “collective” lawsuits, the systemic nature of an employer’s pay practices magnifies small, technical issues into overwhelming problems.

• What is “compensable” work time? • Which employees are over-time exempt • What wage deductions are proper • When are workers independent contractors

 

 

Protected Categories of Employees and Activities: Federal and state law continues to increase the types of categories and activities entitled to legal protection. Understanding these protected categories is critical to avoiding a discrimination charge or lawsuit.

• Emerging protections for sexual orientation and gender identity • Increased rights for pregnant employees • Protecting victims of domestic violence • Accommodating religion in the workplace • Prohibiting retaliation

Managing Absenteeism, Accommodation and Leave Issues Organizations would like employees to show up every day to perform the job they were hired for. However, they realize that it is not always something they can expect or insist on. Injuries, illnesses, family commitments, religious practices, military service, incidents of domestic violence – there are many reasons why an employee may be unable to be at work or to perform every aspect of their job. Carefully setting guidelines for absenteeism, job accommodations and leaves of absence is important for educating your managers and employees about your expectations and to prevent abuse.

The Importance of Clarifying Attendance Policies and Time Tracking Procedures Legally Protected Leave, Including Leave Under the FMLA and Accommodations for

disabling conditions, religious practices and domestic violence victims Identifying and reducing fraud and abuse

The NLRB Strikes Again: The National Labor Relations Board continues its attack on union and non-union employers, issuing rulings that dramatically enhance employee rights and unionizing opportunities under federal law. Understanding the NLRB's rulings is crucial to avoid union organizing drives and unfair labor practice charges.

• Lawful and unlawful company policies • What employees can be organized • Understanding the difference between protected and unprotected activities • Remaining union free – best practices

Employment Law Overview – A Panel Discussion: As evidenced by the range of topics covered in this series, employment and labor laws touch every aspect of your organization and it can be difficult to stay on top of every potential area of concern. The format for this session will be a panel discussion to provide you with the information needed to understand the wide range of federal, state, and local laws that require your consideration. A perfect ending to the series, you will develop the confidence needed to recognize which personnel practices are required, and which are left to an employer’s discretion.

 

 

Prerequisites: This series is designed for HR Professionals, Managers, and Owners who want more in-depth knowledge about legal issues in employment.

Advanced Preparation: There is no advanced preparation for this course.

Competencies: Business Acumen; HR Professional Development, Employment Laws & Regulations, Business Law

Delivery Method: Group-Live | Course Level: Overview | Duration: 11 Sessions; 8:30 - 11:00 am each

Continuing Education/Recertification Credits: CPE Credits, HRCI Recertification Credits and SHRM Professional Development Credits may be available for this course.