Stay up to date on the latest legislative changes and court decisions impacting your human resource practices! This essential instruction 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 and safety, discrimination, and more. Don't miss this opportunity to learn techniques from those with years in the field. Order today!

1. Recent Developments in Employment Law (Federal and State)
2. Hiring/Recruiting
3. Employment Contracts
4. Is Your Employee Handbook Up to Date?: Essential Components and Sample Policies for Today's Workplace
5. Wage and Benefit Issues
6. Discrimination and Harassment
7. Whistleblower/Retaliatory Discharge
8. Employee Discipline and Termination
9. Workplace Safety
10. Workplace Behavior and Privacy Issues

1. Recent Developments in Employment Law (Federal and State)
   9:00 - 9:20, Jillian S. Folger-Hartwell
2. Hiring/Recruiting
   9:20 - 10:00, Jillian S. Folger-Hartwell
   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
3. Employment Contracts
   10:15 - 10:55, John D. Doran Jr.
   1. Offer Letters in General
   2. Avoid Infringing on "At Will" Employment
   3. Confidentiality Agreements/Noncompetition Provisions
   4. Devotion of Duty Provision
   5. No Additional Compensation Provision
   6. Arbitration Clause
4. Is Your Employee Handbook Up to Date?: Essential Components and Sample Policies for Today's Workplace
   10:55 - 11:30, John D. Doran Jr.
5. Wage and Benefit Issues
   11:30 - 12:30, Jillian S. Folger-Hartwell
   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. Benefits: Health Insurance, Flex Spending and Retirement Plans
      1. Modifications to the Consolidated Omnibus Reconciliation Act of 1985 (COBRA)
      2. Changes to Flexible Spending Accounts
      3. Employee Retirement Income Security Act (ERISA) - Pitfalls to be Wary of
   3. 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
   4. Part-Time Employees and Temps: Wage and Benefit Obligations
   5. Unpaid Internships and Training Programs
   6. Record-Keeping: What and How Long
6. Discrimination and Harassment
   1:30 - 2:10, Robert P. Brooks
   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
7. Whistleblower/Retaliatory Discharge
   2:10 - 2:35, Robert P. Brooks
   1. Whistleblower Protection
   2. Why Retaliation Happens
   3. Strategies to Prevent Retaliation
8. Employee Discipline and Termination
   2:50 - 3:20, Robert P. Brooks
   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
9. Workplace Safety
   3:20 - 3:50, Robert P. Brooks
   1. OSHA and Workplace Safety Laws
   2. What is a Recordable Injury?
   3. Keeping the Required Records
10. Workplace Behavior and Privacy Issues
    3:50 - 4:30, John D. Doran Jr.
    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

ROBERT P. BROOKS is chairman of the Adler Pollock & Sheehan P.C.'s labor and employment law group. He represents management in all facets of labor relations and employment law in the public and private sectors. Mr. Brooks' experience in the labor and employment law area ranges from counseling employers on day-to-day personnel administration, to major managerial decision making concerning the labor employment law considerations of corporate acquisitions and reductions in force. He also regularly and successfully handles collective bargaining negotiations organizing campaigns. In addition, Mr. Brooks lectures frequently to groups and private companies on many of the issues facing human resource professionals on a daily basis. He was listed as Best Lawyers' 2012 Lawyer of the Year, Labor Law Management, Providence., and was recognized in the 2006 - 2011 Chambers USA America's Leading Business Lawyers as one of the "Leaders in Rhode Island" and as one of the state's best in Labor and Employment Law. Mr. Brooks was selected by his peers for inclusion in the 2007-2012 editions of The Best Lawyers in America® in the field of labor and employment law, and also was selected as a Rhode Island Super Lawyer, 2007-2011, an honor that recognizes him as a leader in the legal community. Mr. Brooks is President of the Board of Governors of the Boys & Girls Clubs of Providence. He is the recipient of the Rhode Bar Association's 2002 Dorothy Lohmann Community Service Award, given in recognition for his work with the Boys and Girls Clubs. He serves on the AP&S executive committee and is a member of its diversity committee.

JOHN D. DORAN JR. is a shareholder in the law firm on Littler Mendelson P.C., where his practice focuses exclusively on representing management in labor and employment matters, including Department of Labor investigations, proceedings before the National Labor Relations Board, labor arbitrations and collective bargaining. He also represents employers before the Equal Employment Opportunity Commission and state human rights agencies to defend employers against discrimination claims based on race, sex, age, religion, national origin and disability. In addition, Mr. Doran regularly advises clients on and litigates cases involving a myriad of employment-related issues, including the Fair Labor Standards Act, the Family and Medical Leave Act, Americans with Disabilities Act, hiring and firing policies, employment agreements and employment manuals. He received his B.S. degree from Boston College and his J.D. degree, cum laude, from Suffolk University Law School. Mr. Doran has previously lectured for National Business Institute and regularly speaks at seminars and conferences on labor and employment topics. He is a member of the Massachusetts and Rhode Island bar associations.

JILLIAN S. FOLGER-HARTWELL is an attorney in the Providence and Boston offices of Littler Mendelson P.C., where she concentrates her practice on labor and employment litigation and counseling. Ms. Folger-Hartwell represents employers both in court, and before state and federal agencies, defending against employment claims involving discrimination, wage and hour, medical leave, and other employment-related disputes. She also conducts training for clients, including anti-harassment, supervisory skills, recruiting and hiring best practices. Ms. Folger-Hartwell is admitted to practice in Rhode Island, Massachusetts and Connecticut. She earned her B.A. degree, magna cum laude, from Stonehill College and her J.D. degree, cum laude, from Boston College. Before law school Ms. Folger-Hartwell was a case manager for the American Arbitration Association, managing labor grievance arbitrations for union and management clients. After law school, she was a law clerk to Justice Robert G. Flanders Jr. of the Rhode Island Supreme Court.

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