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Avoiding HR Legal Landmines

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Copyright Date:

June, 2017

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6 Months from
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Credit Information

Continuing education credit
is not available on this program.

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  • continuing education credits,
  • please contact us at 866-240-1890
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From Event: Avoiding HR Legal Landmines, held June 2017.

Program Description

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. Get this comprehensive guide and avoid liability landmines that lurk in everyday HR issues. Solidify your legal knowledge and maximize your value as an HR professional - order today!

Course Content

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

Continuing Education Credit

Continuing education credit is not available at this time.
For additional questions regarding continuing education credits please contact us at 866-240-1890 or

Agenda / Content Covered

  1. Hiring, Firing and Discipline Missteps
    9:00 - 9:45, Laurie E. Martin
    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. Internal Investigation Landmines
    9:45 - 10:30, Laurie E. Martin
    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
  3. Spotting Employee Handbook Liabilities
    10:45 - 11:30, Mark W. Clark
    1. Policies That Cause Problems
    2. Employment At-Will: Is it Clear?
    3. NLRB and Handbook Policies
    4. Handbook Receipt and Acknowledgement
  4. FLSA Compliance Mistakes
    11:30 - 12:15, Robin C. Clay
    1. FLSA Requirements
    2. Exempt vs. Non-Exempt Misclassification
    3. Recording Hours and Overtime
    4. Off the Clock Work Pitfalls
    5. Joint Employment Errors
  5. Independent Contractor Misclassification
    1:15 - 2:00, Robin C. Clay
    1. Employee vs. Independent Contractor
    2. Written Agreements with Workers
    3. Permanency of Working Relationships
  6. FMLA Leave Errors That Cause Lawsuits
    2:00 - 2:45, Gregory P. Kult
    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
  7. Discrimination and Harassment Pitfalls
    3:00 - 3:45, Gregory P. Kult
    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
  8. Holiday Parties and Other Special Events
    3:45 - 4:30, Mark W. Clark
    1. Wage and Hour Issues
    2. Sexual Harassment
    3. Alcohol-Related Incidents
    4. Injuries, Including Third Parties

MARK W. CLARK is the vice president, deputy general counsel and assistant corporate secretary at The Finish Line, Inc., a specialty retailer selling athletic footwear and sports apparel in shopping malls, Macy’s department stores, and retail strip shopping centers across the country. In his current role, he is responsible for, among other things, overseeing the daily operations of the company’s legal department, managing employment litigation and supporting the human resources group. Prior joining Finish Line, he was an employment lawyer in private practice, most recently with the regional firm of Barnes & Thornburg. Mr. Clark is an adjunct professor in business law at the University of Indianapolis, since 2008. He is a member of the Indiana Bar Association and the Association of Corporate Counsel. Mr. Clark earned his B.A. degree, from Indiana University Bloomington and his J.D. degree from the Washington University School of Law in St. Louis.

ROBIN C. CLAY is an attorney with Curlin & Clay Law, An Association of Attorneys, in Indianapolis. Her practice covers matters of employment, discrimination, family, education and probate in Indianapolis. Many of her clients are employees who wish to pursue claims against employers. Notably, she has worked on both sides of the litigation process. Ms. Clay held the position of staff attorney with the Indiana Civil Rights Commission, advocating for clients who have experienced employment and housing discrimination. She also served as a defense attorney with the City of Indianapolis, as well as counsel for Fortune 100 corporations. Ms. Clay earned her B.S. degree from the California State University at Northridge, California and her J.D. degree from Brandeis School of Law at the University of Louisville in Louisville, Kentucky. She has been admitted to practice throughout the state of Indiana and in the U.S. Court of Appeals for the Seventh Circuit. She has taught continuing legal education courses and presented in seminars on civil rights, employment, housing discrimination, and conflict resolution.

GREGORY P. KULT a partner in the Indianapolis office of Wooden McLaughlin. Since 1994, he has counseled, trained, and represented employers in a wide variety of employment matters, such as workplace investigations; discrimination, harassment and retaliation; reasonable accommodation of disabilities and religious practices; wage and hour; leaves of absence; hiring, evaluation, discipline and discharge; union activity; drug and alcohol use; workplace privacy; workforce reductions/restructurings; non-compete agreements; and severance agreements. Mr. Kult regularly represents employers before federal and state courts and the Equal Employment Opportunity Commission, the U.S. Department of Labor and various other federal, state and local government agencies. He frequently writes and speaks on employment-related topics, including presentations that provide continuing legal education to other attorneys. Mr. Kult is a member of the Indiana State Bar Association, the State Bar of Wisconsin, the American Bar Association, and the Indiana Rural Health Association. He earned his B.A. degree, with high distinction, from Indiana University and his J.D. degree from the University of Wisconsin Law School.

LAURIE E. MARTIN is a partner with Hoover Hull Turner LLP. She practices in the areas of business litigation, employment litigation and consulting, and ERISA litigation. Ms. Martin advises and defends employers facing claims, including employment discrimination; wrongful discharge; blacklisting or defamation; wage and hour disputes; enforcement of covenants not to compete; ERISA and benefit litigation; and trade secret misappropriation, including representation in actions before the Equal Employment Opportunity Commission, state and local agencies, and federal and state courts. She also represents large and small businesses, insurers, ERISA plans, health care providers and individuals in commercial disputes, including contract enforcement and interpretation; and business torts, including breach of fiduciary duty and fraud. Ms. Martin graduated with a journalism degree, magna cum laude, from Butler University, and received her J.D. degree, summa cum laude, from Indiana University School of Law - Indianapolis, where she served as editor-in-chief of the Indiana Law Review and was named to the Order of Barristers. She also served as a judicial intern for the Honorable Chief Judge Larry J. McKinney in the U.S. District Court for the Southern District of Indiana. Ms. Martin is a frequent speaker and author on topics related to her areas of practice. She sits on the Executive Committee of the Indianapolis Bar Association Labor and Employment Section. Ms. Martin is a member of the American, Seventh Circuit, Indiana State, and Indianapolis bar associations.

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