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Live Seminar

Human Resource Law: What You Need to Know Now

Seminar

Date:

Wednesday, December 07, 2016

Time:

9:00 AM - 4:30 PM

Product ID#:

73841ER

Location:

Hilton Garden Inn Rockford
7675 Walton Street
Rockford, IL 61108

$359.00

$349 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • IL CLE - 6.00
  • OH CLE - 6.00

CPE for Accountants

  • CPE for Accountants/NASBA - 7.00

Other

  • Certified Payroll Professional - 6.00
  • HRCI - 6.00
  • IACET - 0.60
  • PACE - 7.00
  • SHRM CP/SCP - 6.00

Program Description

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, including the Affordable Care Act.
  • 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.

Who Should Attend

This basic-to-intermediate level seminar examines the current issues in human resource law for:

  • Attorneys
  • HR Personnel
  • Accountants
  • Presidents and Vice Presidents

Course Content

  1. The Affordable Care Act and Other Developments in Employment Law (Federal and State)
  2. Hiring/Recruiting
  3. Is Your Employee Handbook Up to Date?: Essential Components and Sample Policies for Today's Workplace
  4. Wage and Benefit Issues
  5. Discrimination and Harassment
  6. Employee Discipline and Termination
  7. Workplace Behavior and Privacy Issues

Continuing Education Credit


Certified Payroll Professionals – Certified Payroll Professional: 6.00

Continuing Legal Education

Credit Hrs State
CLE 6.00 -  IL
CLE 6.00 -  OH

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 *

Professional Achievement in Continuing Education – PACE: 7.00 *

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

* denotes specialty credits

Agenda / Content Covered

  1. The Affordable Care Act and Other Developments in Employment Law (Federal and State)
    9:00 - 9:30, Written by Kelly Haab-Tallitsch
    Presented by Kelly Haab-Tallitsch in Chicago and Peter E. Hansen in Rockford
  2. Hiring/Recruiting
    9:30 - 10:15, Written by Mitchell S. Chaban
    Presented by Mitchell S. Chaban in Chicago and Michael D. Wong in Rockford
    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. Is Your Employee Handbook Up to Date?: Essential Components and Sample Policies for Today's Workplace
    10:30 - 11:15, Written by Mitchell S. Chaban
    Presented by Mitchell S. Chaban in Chicago and Michael D. Wong in Rockford
  4. Wage and Benefit Issues
    11:15 - 12:15 and 1:15 - 1:45, Written by Noah A. Frank
    Presented by Noah A. Frank in Chicago and Jonathan D. Hoag in Rockford
    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. Part-Time Employees and Temps: Wage and Benefit Obligations
    3. Unpaid Internships and Training Programs
    4. Record-Keeping: What and How Long
    5. 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
  5. Discrimination and Harassment
    1:45 - 2:45, Written by Kim A. Leffert
    Presented by Kim A. Leffert in Chicago and Davi L. Hirsch in Rockford

    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
    3:00 - 3:45, Written by Kwabena A. Appenteng
    Presented by Kwabena A. Appenteng and O. Hanna Badmus in Chicago and Davi L. Hirsch in Rockford
    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. Workplace Behavior and Privacy Issues
    3:45 - 4:30, Written by Jonathan D. Hoag
    Presented by Kwabena A. Appenteng in Chicago and Jonathan D. Hoag in Rockford
    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
December 5 - Chicago

KWABENA A. APPENTENG is an attorney with Littler Mendelson, P.C., where he counsels employers on social media and workplace privacy issues, and a range of day-to-day employment issues, including hiring, promotion and termination issues, and discrimination and harassment issues. Mr. Appenteng also represents employers in employment discrimination actions filed in federal and state courts and with government agencies, and represents clients in restrictive covenant/trade secret disputes. Mr. Appenteng has been named as an Illinois Super Lawyer Rising Star every year since 2013, and was recently named as an Emerging Lawyer by Illinois Leading Lawyers. He earned his J.D. degree from John Marshall Law School.

O. HANNA BADMUS is an attorney with Littler Mendelson P.C. where she represents the interests of management in various areas of employment and traditional labor law. In addition, Ms. Badmus represents management in defending against employee claims before the Equal Employment Opportunity Commission and the Illinois Department of Human Rights. She is a member of the Illinois State Bar Association. Ms. Badmus received her J.D. degree, magna cum laude, from the University of Illinois College of Law and her B.A. degree, magna cum laude, honors distinction, from the University of Illinois.

MITCHELL S. CHABAN is an attorney with the law firm of Levin Ginsburg, where he practices in the areas of commercial litigation and dispute resolution, employment and benefits, landlord and tenant disputes, corporate and partnership disputes, and business law. He is admitted to practice in Illinois; and before the Illinois and U.S. District Court, and the Northern District of Illinois. Mr. Chaban earned his B.S. degree from Northern Illinois University; and his J.D. degree, cum laude, from John Marshall Law School. He is a member of the Illinois State and Chicago bar associations.

NOAH A. FRANK is an attorney with SmithAmundsen LLC. He provides services to clients in labor and employment litigation and counseling; corporate and business counseling; and workers' compensation defense and compliance. He advises employers of all sizes; physician and other professional service offices to temporary staffing services; and international manufacturers/distributers. Mr. Frank works with his clients to develop labor and employment strategies; and draft employment agreements, contracts, and handbooks. His experience includes work on union successor collective bargaining agreements, responses to unfair labor practices, and grievance administration through successful arbitration. He is a member of the Chicago Bar Association. Mr. Frank received his B.A. degree from the University of Illinois at Urbana-Champaign and his J.D. degree, cum laude, from the University of Illinois College of Law.

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 State, 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.

KIM A. LEFFERT is counsel in Mayer Brown LLP’s Chicago office and a member of the firm’s electronic discovery and information governance practice. She has substantial experience assisting clients with the preservation, collection, review and production of electronic documents in litigation. Ms. Leffert also helps clients prepare document retention policies and procedures and records management programs, as well as develop electronic discovery programs. Her other primary emphasis is on labor and employment disputes. Ms. Leffert has bench and jury trial experience in federal and state court actions involving state common law theories (breach of contract and tort) and wage-and-hour issues, as well as the defense of employers in a wide variety of EEO and Section 301 actions. She earned her B.A. degree from Cornell University and her J.D. degree at the University of Chicago Law School.

December 7 - Rockford

PETER E. HANSEN is an attorney in the St. Charles office of Wessels Sherman Joerg Liszka Laverty Seneczko P.C., where he focuses his practice on health care benefits and workers' compensation defense, as well as general employment law. Mr. Hansen is also very familiar with the Affordable Care Act and has worked closely with employers of all sizes to review obligations and ensure compliance with the Act. He is a member of the State Bar of Wisconsin. He earned his B.A. degree, magna cum laude, from Northern Illinois University in DeKalb; and his J.D. degree from Marquette University Law School.

DAVI L. HIRSCH is of counsel at Klein Dub & Holleb, Ltd. She represents healthcare providers, insurance companies and corporations in the areas of labor relations, employment law, wage and hour, condominium law, and general commercial litigation. Ms. Hirsch counsels employers on general employment; labor and human resources matters, including avoidance of potential allegations of discrimination and harassment; and compliance with various employment and compensation laws. She also represents employers on a nationwide basis in both state and federal court, and before administrative agencies on employment and other commercial matters. She has been practicing in the Chicago area for the past 34 years. Ms. Hirsch earned her B.S. degree from the University of Illinois at Champaign and her J.D. degree from DePaul University College of Law.

JONATHAN D. HOAG is a partner in the St. Charles office of the law firm of SmithAmundsen LLC, where he is a member of the firm's labor and employment practice group. He focuses his practice on representing employers in labor and employment matters before state, federal, and administrative courts. Mr. Hoag is a member of the American, Illinois State (Labor and Employment Law Section Council), and Kane County (co-chair of the Labor and Employment Committee) bar associations. He also is a member of the Illinois Chamber of Commerce (Human Resource Advisory Committee) and the Grundy Will Human Resource Association. Mr. Hoag earned his B.S. degree from Truman State University; his M.P.A. degree from the University of Missouri-Columbia; and his J.D. degree, magna cum laude, from Northern Illinois University College of Law.

MICHAEL D. WONG is an attorney with SmithAmundsen LLC. He advises and represents clients in matters relating to handbook and policy issues, discrimination and harassment concerns under Title VII and ADA, medical marijuana in the workplace, civil-right claims, FMLA claims, wage and hour issues, class actions, and other labor and employment issues arising under state, federal and administrative laws. Mr. Wong is a member of the American Bar Association, Kane County Bar Association (member and chair, Labor and Employment Law Committee; member, Bar Briefs Editorial Board; Bar Briefs editor, 2015-2016) and the Illinois State Bar Association. He received his J.D. degree from Northern Illinois University College of Law and his B.A. degree from the University of Illinois.

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.


OH CLE: 6.00
This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 6.0 CLE credit hours, including 0.0 hour of attorney professional conduct instruction.



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, attendees should be able to: 1. Identify two of the latest changes in human resource law. 2. Describe how background checks and drug testing during the interview process can be illegal. 3. Describe two essential components of a legally sound employee handbook. 4. Identify what type of employers the Family Medical Leave Act covers. 5. Define three conditions that constitute a disability under the Americans with Disabilities Act (ADA). 6. State two legally sound and two illegal reasons for terminating an employee. 7. Describe two legally compliant methods to monitor employee communications.


National Association of State Boards of Accountancy

N NAS: 7.00 Including - Personnel/HR: 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.learningmarket.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 to intermediate level program presented in a group live setting. Accountants should have a basic understanding of human resource practices. Upon completion of this course, attendees should be able to: 1. Stay up to date on the latest changes and cases in human resource law. 2. Avoid illegal actions during the interview process, including background checks and drug testing, drafting employment contracts, and hiring independent contractors and immigrants. 3. Ensure overtime and employee leave policies are compliant with the law. 4. Use appropriate methods for calculating and tracking FMLA time. 5. Make sure employee handbooks contain the critical provisions necessary to keep them up to date with current issues. 6. Recognize the latest interpretations of “disability” under the Americans with Disabilities Act (ADA). 7. Prevent workplace safety violations by knowing safety regulations and record keeping requirements. 8. Appropriately handle thorny employee behavior issues while ensuring privacy rights are upheld. 9. Set up proper discipline and firing procedures to avoid wrongful termination and retaliatory claims. Field(s) of Study -- Personnel/HR.


Professional Achievement in Continuing Education

N PACE: 7.00 Including - Registered Employee Benefits Consultant: 7.00
This seminar qualifies for 7.0 PACE (Professional Achievement in Continuing Education) credit hours for REBC.



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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