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Live Seminar

Avoiding HR Legal Landmines

Seminar

Date:

Wednesday, September 27, 2017

Time:

9:00 AM - 4:30 PM

Product ID#:

76446ER

Location:

Illinois Business & Industry Services
1100 East Warrenville Road, Suite 150
Naperville, IL 60563

$359.00

$349 / Each Additional

$339 / New Professional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • IL CLE - 6.00

CPE for Accountants

  • CPE for Accountants/NASBA - 7.00

Other

  • Certified Payroll Professional - 6.00
  • HRCI - 6.00
  • IACET - 0.60
  • SHRM CP/SCP - 6.00

Program Description

Avoid Common HR Legal Mistakes

As an HR professional, you are your employer's first line of defense against lawsuits. The way you perform virtually every task is under the intense gaze of a legal microscope, and seemingly minor mistakes can end up as ammunition for employees who sue. Don't slip up and be a source of liability for your employer. Attend this comprehensive seminar and avoid liability landmines that lurk in everyday HR issues. Solidify your legal knowledge and maximize your value as an HR professional - register today!

  • Learn legally appropriate actions for everyday HR issues - from hiring to firing.
  • Recognize and fix problematic handbook policies before they become liabilities.
  • Make FLSA compliance easy by recognizing the top pitfalls.
  • Determine if your organization is using independent contractors the right way.
  • Handle critical FMLA issues such as intermittent leave and medical certifications.
  • Know what to do when discrimination allegations land on your doorstep.
  • Avoid internal investigation landmines that cause unwanted legal exposure.
  • Appropriately deal with issues arising from holiday parties and other workplace events.

Who Should Attend

This basic level seminar examines human resource law landmines for:

  • HR Personnel
  • Corporate Executives
  • Attorneys
  • Accountants
  • Paralegals

Course Content

  1. Hiring, Firing and Discipline Missteps
  2. Spotting Employee Handbook Liabilities
  3. FLSA Compliance Mistakes
  4. Independent Contractor Misclassification
  5. FMLA Leave Errors That Cause Lawsuits
  6. Discrimination and Harassment Pitfalls
  7. Internal Investigation Landmines
  8. Holiday Parties and Other Special Events

Continuing Education Credit


Certified Payroll Professionals – Certified Payroll Professional: 6.00

Continuing Legal Education – CLE: 6.00

Human Resource Certification Institute – HRCI: 6.00

International Association for Continuing Education Training – IACET: 0.60

National Association of State Boards of Accountancy – CPE for Accountants: 7.00 *

Society for Human Resource Management – SHRM CP/SCP: 6.00

* denotes specialty credits

Agenda / Content Covered

  1. Hiring, Firing and Discipline Missteps
    9:00 - 9:45, E. Jason Tremblay
    1. Job Description Errors
    2. Interviews: What not to Ask
    3. Background Check Liabilities
    4. Discipline Policies That Cause Trouble
    5. Employee Discharge Pitfalls
    6. Waivers and Releases
  2. Spotting Employee Handbook Liabilities
    9:45 - 10:30, Emily Wessel Farr
    1. Policies That Cause Problems
    2. Employment At-Will: Is it Clear?
    3. NLRB and Handbook Policies
    4. Handbook Receipt and Acknowledgement
  3. FLSA Compliance Mistakes
    10:45 - 11:30, Peter R. Bulmer
    1. FLSA Requirements
    2. Exempt vs. Non-Exempt Misclassification
    3. Recording Hours and Overtime
    4. Off the Clock Work Pitfalls
    5. Joint Employment Errors
  4. Independent Contractor Misclassification
    11:30 - 12:15, Peter R. Bulmer
    1. Employee vs. Independent Contractor
    2. Written Agreements with Workers
    3. Permanency of Working Relationships
  5. FMLA Leave Errors That Cause Lawsuits
    1:15 - 2:00, Kelly Haab-Tallitsch
    1. FMLA Eligibility Mistakes
    2. Notice: What's Proper?
    3. Deciphering Medical Certifications
    4. Intermittent Leave Landmines
    5. Return to Work: Assessing Fitness for Duty
    6. Accommodating Requests for More Leave Time
  6. Discrimination and Harassment Pitfalls
    2:00 - 2:45, Michael J. Progar
    1. Discrimination Laws: State and Federal
    2. LGBT and Transgender Discrimination
    3. Race and National Origin
    4. Religious Accommodation
    5. Disability
    6. Pregnancy
    7. EEO-1 Reporting Requirements
  7. Internal Investigation Landmines
    3:00 - 3:45, Patrick D. Dolan
    1. Mistiming Investigations
    2. Showing Bias or Unfairness
    3. Confidentiality: Accusers, Accused and Others
    4. Delayed Investigations
    5. Documentation Missteps
    6. Attorney-Client Privilege: Failure to Preserve
  8. Holiday Parties and Other Special Events
    3:45 - 4:30, Emily Wessel Farr
    1. Wage and Hour Issues
    2. Sexual Harassment
    3. Alcohol-Related Incidents
    4. Injuries, Including Third Parties

PETER R. BULMER is a principal in the Chicago, Illinois office of Jackson Lewis P.C. He represents management nationwide in all facets of employment and labor law. Mr. Bulmer counsels management on employment matters and preventive measures to avoid litigation, and where litigation cannot be avoided, he defends employers before state and federal administrative agencies and courts. He has been named one of Illinois' Super Lawyers, a distinction accorded no more than 5% of Illinois lawyers; and he has been selected for inclusion in The Best Lawyers in America. Mr. Bulmer is a featured speaker and author on employment law topics and a past chair of a national association of labor and employment lawyers. He is admitted to practice in Illinois, as well as before the U.S. District Courts for the Northern and Central districts of Illinois; the Eastern and Western districts of Wisconsin; the Eastern and Western districts of Michigan; the Northern District of Indiana; the Districts of Nebraska and Colorado; the U.S. Courts of Appeals for the Sixth, Seventh, and Eighth circuits; and the U.S. Supreme Court. Mr. Bulmer earned his B.A. degree from the University of Notre Dame and his J.D. degree, cum laude, from Creighton University School of Law, where he was editor-in-chief of the Creighton Law Review. He has written numerous books on his areas of expertise.

PATRICK D. DOLAN is a co-founder and named partner of Siegel & Dolan, Ltd., where he has practiced employment and related business law for executives and companies since he began his legal career more than two decades ago in California. He has many years of experience negotiating complex executive employment, compensation and separation agreements, and litigating a variety of related contract and tort claims in federal and state courts as well as administrative proceedings. Mr. Dolan also has extensive experience drafting, negotiating and litigating restrictive covenant agreements for individuals and companies. He provides counseling, advice and litigating representation to management level employees and companies of all sizes on a broad range of issues including discrimination and harassment, retaliation, disabilities, leaves of absence, wage and hour, reductions in force, code of conduct, policies, hiring, discipline and termination, and employment related due diligence issues of mergers and acquisitions. Mr. Dolan is a member of the State Bar of California and the American, Chicago and Illinois State bar associations. He earned his B.A. degree from the University of Wisconsin-Madison and his J.D. degree from the University of Wisconsin Law School.

KELLY HAAB-TALLITSCH is an attorney with SmithAmundsen LLC. She focuses on the areas of corporate human resources and regularly counsels clients on employee benefit compliance, helping employers understand their obligations under the Affordable Care Act and how to comply with the ERISA and the Internal Revenue Code. Ms. Haab-Tallitsch defends clients against general employment discrimination claims and handles matters such as the Department of Labor benefit plan audits and designing compliant deferred compensation plans. She is a member of the American, Illinois, DuPage County, and Kane County bar associations. Ms. Haab-Tallitsch earned her B.S. degree from the University of Illinois at Urbana-Champaign; her M.S. degree from Loyola University Chicago; and her J.D. degree, cum laude, from Northern Illinois University College of Law.

MICHAEL J. PROGAR is a partner with Doherty & Progar LLC, where he has more than 35 years of experience and has represented the interests of insurance companies, self-insureds, and nonprofit organizations. As lead counsel, he has tried more than 50 jury trials to verdict. Mr. Progar practices in the areas of personal and commercial liability, defense of non-profit organizations, workers compensation and insurance coverage, fraud, excess liability, and bad faith. He is a member of the State Bar of Wisconsin, the Wisconsin Defense Counsel and is admitted to court in Wisconsin, Indiana and Illinois. Mr. Progar received his B.A degree from the University of Norte Dame, and his J.D. degree from DePaul University College of Law.

E. JASON TREMBLAY is partner in the Litigation Department and chair of the labor and employment group at Arnstein & Lehr LLP where he focuses his practice in employment and commercial litigation. In the commercial area, Mr. Tremblay represents parties in a broad range of complex business and tort litigation matters, including matters involving breach of contract, breach of fiduciary duty, fraud, interference with contract, shareholder disputes and insurance coverage. In the employment area, Mr. Tremblay has extensively addressed, through counseling, negotiation and litigation, a broad range of key issues critical to the evolving workplace. He has particular expertise representing employers in both federal and state court, as well as administrative tribunals, in a wide variety of lawsuits, including the enforcement of restrictive covenants, FLSA, Title VII, ADA and ADEA discrimination and retaliation claims, wage and hours claims, FMLA interference claims, trade secret, and unfair competition matters. He frequently reviews and drafts employment and independent contractor agreements, severance agreements, employment policies and employee handbooks. Mr. Tremblay represents a diverse client base, including financial institutions, universities, municipalities and companies in the information technology, printing, manufacturing, distribution, food and beverage, consulting, and retail industries. Mr. Tremblay is currently an active member in the Illinois State Bar Association, the GOA Regional Business Association and the Small Business Advocacy Council. He recently authored the fifth edition of The Employment Law Toolkit for Illinois Employers - How to Protect Your Business From Liability and Comply with State and Federal Employment Laws.

EMILY WESSEL FARR is an attorney and founder of Ardent Law LLC, where she defends businesses and individuals at all stages of litigation, from demand letter through trial. Along the way, many cases can be resolved through strategic motion practice and negotiation. Ms. Farr also represents business owners in employment matters, contract disputes, collection matters, and a variety of other issues. She serves as a child representative for Chicago Volunteer Legal Services, a volunteer hotline attorney for CARPLS, and a writer for The Law Project. She also serves as legal developments editor of the Women's Bar Association of Illinois Newsletter and as a member of the Editorial Board of the ABA's Woman Advocate Newsletter. Ms. Farr graduated from Northwestern University and received her J.D. degree from The University of Michigan Law School.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com


Accreditation Details

Certified Payroll Professionals

N CPP: 6.00
This program may qualify for 6.0 RCHs for Certified Payroll Professionals.



Continuing Legal Education

IL CLE: 6.00
This program has been approved by the Illinois MCLE Board for 6.0 hours of CLE credit.



Human Resource Certification Institute

N HR: 6.00
“The use of this seal is not an endorsement by HR Certification Institute of the quality of the program. It means that this program has met HR Certification Institute’s criteria to be pre-approved for recertification credit.” This program has been approved for 6.0 recertification credit hours toward PHR, SPHR and GPHR recertification through the HR Certification Institute. For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org.



International Association for Continuing Education Training

N IACET: 0.60
NBI, Inc. is accredited by the International Association for Continuing Education and Training (IACET) and is authorized to issue the IACET CEU. NBI, Inc. is authorized by IACET to offer 0.6 CEUs for this program. At the end of the program, participants must complete a self-assessment in order to receive credit. 100% attendance is required. (Provider #1004558)

Upon completion of this course, attendee will be able to: 1. Describe common hiring missteps. 2. State two employee handbook liabilities. 3. Identify two FLSA compliance mistakes. 4. State two independent contractor misclassification issues. 5. Describe two FMLA issues that cause lawsuits. 6. Identify two discrimination and harassment pitfalls. 7. Name two internal investigations landmines. 8. Describe issues arising from holiday parties and other special events.


National Association of State Boards of Accountancy

N NAS: 7.00 Including - Personnel/Human Resources: 7.00
NBI, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org. This program is designed to qualify for 7.0 hours (based on 50 minute credit hour) of continuing professional education credit for accountants. For more information regarding administrative policies such as complaint and refund, please contact our offices at (800) 930-6182.

This is a basic level program presented in a group live setting. No advanced preparation or prerequisites are required. This course will: 1. Describe common hiring missteps. 2. State two employee handbook liabilities. 3. Identify two FLSA compliance mistakes. 4. State two independent contractor misclassification issues. 5. Describe two FMLA issues that cause lawsuits. 6. Identify two discrimination and harassment pitfalls. 7. Name two internal investigations landmines. 8. Describe issues arising from holiday parties and other special events. No advanced preparation or prerequisites are required. Field(s) of Study -- Personnel/HR.


Society for Human Resource Management

N SHRM: 6.00
NBI, Inc. is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 6.0 PDCs for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.


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