Agenda / Content Covered

DAY 1: HANDBOOKS, SOCIAL MEDIA, FLSA, FMLA ISSUES AND MORE

1. Handbooks Part 1: Minimizing Legal Exposure (with Sample Policy Language)
   9:00 - 9:30, Written by MaryJo L. Roberts. Presented by Bryce J. Denny in Lafayette and Alexandra Navarre-Davis in Kenner.
   1. What Should Go Into Your Handbook (with Sample Policies)
   2. Key Disclaimers; Preserving At-Will Status
   3. Staying Compliant - Updates You Need to Make
   4. Sample Checklist
2. Handbooks Part 2: The Top Mistakes Employers Are Making Right Now
   9:30 - 10:00, Written by MaryJo L. Roberts. Presented by Bryce J. Denny in Lafayette and Alexandra Navarre-Davis in Kenner.
   1. Policies That Go Too Far and Create Liabilities
   2. Policies That Don't Go Far Enough (or Are Missing Entirely)
   3. Getting the Law Wrong
   4. Common Misstatements and Ambiguities
   5. Inflexibility and Letting Your Handbook Age
3. Social Media Policies: Avoiding Overreach While Ensuring Proper Usage
   10:15 - 11:15, Written by Karuna Davé. Presented by Bryce J. Denny in Lafayette and Karuna Davé in Kenner.
   1. NLRB Guidelines and Decisions; "Protected Concerted Activity"
   2. Limiting Employees' Use of Social Media
   3. Disciplining Employees Who Misuse Social Media
   4. Utilizing Social Media for Recruitment and Hiring
   5. Developing a Solid Social Media Policy (with Examples)
4. Protecting Employee Privacy: Workplace Monitoring and Information Security
   11:15 - 12:15, Written by Rachel W. Wisdom. Presented by Bryce J. Denny in Lafayette and Rachel W. Wisdom in Kenner.
5. Bulletproof Hiring Practices and Agreements
   1:15 - 2:15, Written and Presented by Benjamin M. Chapman in Lafayette and Camille R. Bryant in Kenner.
   1. Preparing Effective (Yet Compliant) Job Descriptions
   2. Criminal and Other History: What's Fair Game vs. What's Not
   3. Making Arbitration Agreements Stick
   4. Non-Compete, Non-Solicit and Confidentiality Agreements: Enforceability and Effectiveness
   5. E-Verify - Verifying Employment Eligibility
6. Wage and Hour Law: The Latest FLSA Guidance and Best Practices
   2:15 - 3:15, Written and Presented by Benjamin M. Chapman in Lafayette and Kenner.
   1. Salary Basis and Duties Test - Are Employees Exempt or Nonexempt?
   2. Avoiding Employee Misclassification as Independent Contractors
   3. The NLRB's Joint Employer Issue
   4. Clarifying Regular Rate Regulations
   5. Addressing Off-the-Clock Work
   6. Taking Advantage of the Safe Harbor
7. Employee Leave Strategies: FMLA, ADA and More
   3:30 - 4:30, Written by Elvige Cassard. Presented by Bryce J. Denny in Lafayette and Elvige Cassard in Kenner.
   1. Providing Notices; Approving or Denying Requests
   2. Investigating Employee Absences and Verifying Intermittent Leave
   3. Navigating the Medical Recertification Process and Addressing Abuse of Time
   4. Terminating Employees on Leave
   5. Best Practices for FMLA and Other Medical Leave Policies
   6. Detangling the FMLA From the ADA and Workers' Comp Laws
   7. ADA Reasonable Accommodations - Tips for HR

DAY 2: DISCRIMINATION, HARASSMENT, WORKPLACE INVESTIGATIONS, DISCHARGE AND MORE

8. Legal Updates and Enforcement Trends: How They Impact Your Company
   9:00 - 9:45, Written and Presented by Amanda Wingfield Goldman in Lafayette and Kenner.
   1. State and Federal Employment Law Update
   2. The Affordable Care Act
   3. DOL, EEOC and NLRB Enforcement Trends
9. Marijuana, Drug Testing, Alcohol and More: Current Legal Perspectives
   9:45 - 10:45, Written and Presented by Amanda Wingfield Goldman in Lafayette and Kenner.
   1. Interplay of Marijuana Legalization, Federal Prohibition, ADA Issues and Employers' Rights
   2. Drug Testing - Legal Tips for HR
   3. Disciplining and Firing Employees for Drug Use
   4. Drug and Alcohol Policies - Maximizing Safety and Efficiency
10. Avoiding Discrimination Claims
    11:00 - 12:00, Written by Donald L. Hyatt II. Presented by Bryce J. Denny in Lafayette and Donald L. Hyatt II in Kenner.
    1. Preventing Discrimination in Recruitment, Hiring, Promotion and Termination
    2. LGBTQ Rights and Employment Discrimination
    3. Handling Complaints: Practical Tips
    4. Strategies for Dealing with the EEOC
    5. Drafting Effective Position Statements
11. The #MeToo Era: Sexual Harassment Prevention and Response Tactics
    1:00 - 2:00, Written by Stephanie Dovalina. Presented by Bryce J. Denny in Lafayette and Stephanie Dovalina in Kenner.
    1. Recent Developments: #MeToo, Confidentiality Issues and Tax Treatment of Settlements
    2. Tips for Sexual Harassment Training
    3. Formal and Informal Grievances: Steps You Must Take
    4. Rights of the Accused and Vetting Accusations
    5. Workplace Romances: Policies and Liabilities
12. Bullying, Workplace Violence and More: Dealing with Problematic Behavior
    2:00 - 2:45, Written by Donald L. Hyatt II. Presented by Bryce J. Denny in Lafayette and Donald L. Hyatt II in Kenner.
    1. Bullying Prevention and Management - Tools and Strategies
    2. Tips for Handling Domestic Violence
    3. Workplace Violence Prevention: Obligations, Signs and Legal Remedies
    4. Guns in the Workplace
    5. Addressing Mental Health Issues
    6. Practical Tips for Dealing with Problem Employees
13. Conducting Airtight Workplace Investigations
    3:00 - 3:45, Written by Shannon S. Sale. Presented by Bryce J. Denny in Lafayette and Shannon S. Sale in Kenner.
    1. Handling Internal Complaints the Right Way
    2. Potential Legal Issues and Pitfalls
    3. Information-Gathering Techniques and Interviews
    4. Creating Fully Defensible Documentation and Reports
    5. Helping Protect Attorney-Client Privilege
    6. Appropriate Action and Follow Up
    7. Protecting Accusers and Accused Against Retaliation
14. Discipline, Discharge and Documentation: Shielding Against Lawsuits
    3:45 - 4:30, Written by Donald L. Hyatt II. Presented by Bryce J. Denny in Lafayette and Donald L. Hyatt II in Kenner.
    1. Legally Sound Discipline Policies
    2. Determining the Appropriate Level of Discipline
    3. What to Do When There is no Policy Addressing the Offense
    4. Setting Up a Defensible Termination
    5. Creating Practical, Enforceable Separation Agreements (with Samples)

CAMILLE R. BRYANT is an attorney with McGlinchey Stafford PLLC, in their New Orleans office. Ms. Bryant defends and counsels clients in employment discrimination matters for both union and non-union workforces, assisting with matters involving collective bargaining, grievance handling, working within the framework of a union contract, and other general legal counsel. She also handles matters before the National Labor Relations Board (NLRB), including unfair labor practice proceedings and representation case hearings. She also practices in the areas of medical malpractice defense and products liability defense. Ms. Bryant earned her B.S. degree from Southern University and A&M College and her J.D. degree, cum laude, from Loyola University New Orleans College of Law. She is a member of the New Orleans Association for Women Attorneys (board member), New Orleans Bar Association (Young Lawyers Committee, Public Service Committee, Minorities in the Profession Committee), Louisiana State Bar Association and the Federal Bar Association. (Kenner location)

ELVIGE CASSARD is of counsel with Ogletree, Deakins, Nash, Smoak & Stewart, P.C., where she maintains an extensive practice in the area of labor and employment law through proactive advice to and legal representation of employers, including business owners and managers. Ms. Cassard is admitted to practice in Louisiana and before the U.S. Fifth Circuit Court of Appeals and all of the federal courts in Louisiana. She is a member of the American Bar Association (Labor and Employment Law and Litigation sections), the New Orleans Bar Association, the Covington Bar Association, and the Louisiana State Bar Association. Ms. Cassard earned her B.A. degree from Newcomb College of Tulane University and her J.D. degree from Loyola University School of Law. (Kenner location)

BENJAMIN M. CHAPMAN is a partner with Milling Benson Woodward L.L.P. His principal practice areas include labor and employment, state and municipal civil service, government relations and regulatory, general civil litigation, and insurance coverage and defense. Mr. Chapman has represented several state and municipal agencies, boards and departments, professional associations, the Louisiana Insurance Guaranty Association, numerous insurance companies and third-party administrators, and both corporate and individual clients in tribunals ranging from administrative and civil service adjudications to arbitration and mediation panels to judicial proceedings from city courts through appellate courts in both state and federal court throughout the state of Louisiana. In addition to his litigation practice, Mr. Chapman advises clients on a broad variety of other issues ranging from corporate organization to human resources best practices and regulations to risk management, loss prevention, and mitigation. He is a member of the Society for Human Resource Management, Baton Rouge Bar Association, Louisiana State Bar Association, and the American Bar Association. He received his B.A. degree from Louisiana State University, followed by earning his J.D. degree from the Paul M. Hebert Law Center, Louisiana State University. (Lafayette and Kenner locations)

KARUNA DAVÉ is an attorney with The Kullman Firm, where she represents employers in various areas of employment and labor law. She received her B.A. degree from Rutgers University and her J.D. degree from Tulane University Law School. Ms. Davé is admitted to practice law in all Louisiana state courts; the United States District Court for the Eastern, Middle, and Western districts of Louisiana; and the United States Fifth Circuit Court of Appeals. She is a member of the New Orleans and Louisiana State bar associations. (Kenner location)

BRYCE J. DENNY is the owner of Bryce J. Denny Attorney, where he primarily practices labor and employment law. Mr. Denny is admitted to practice in both Texas and Louisiana. He was reappointed in 2017 to a three-year term on the Louisiana State Bar Association Labor Law Advisory Commission. Mr. Denny is a frequent speaker on labor and employment law topics and has taught a number of college classes on employment law subjects. He is a member of the State Bar of Texas and the Louisiana State Bar Association. Mr. Denny earned his B.A. degree from Austin College in Sherman, Texas, and his J.D. degree from Baylor University. (Lafayette location)

STEPHANIE DOVALINA is a partner with Business Law Group who represents both businesses and individuals in a variety of legal matters. Ms. Dovalina is an experienced litigator with more than a decade of experience representing clients in matters ranging from thousands to multi-million-dollar lawsuits in the areas of civil and commercial litigation, including government and municipal law, employment law, administrative law, real estate, construction, personal injury, civil rights, premises liability, contract disputes, toxic tort, workers' compensation, immigration, and insurance. Ms. Dovalina is licensed to practice law in Louisiana, Mississippi and Georgia, and is fluent in Spanish and Portuguese. She graduated in the top of her class from Loyola University New Orleans College of Law. After graduating from law school, she began her career working in Atlanta for a top tier law firm, but found that she missed New Orleans too much and returned, working for both mid-sized law firms and as an assistant city attorney for the city of New Orleans before joining Business Law Group. (Kenner location)

DONALD L. HYATT II is a sole practitioner in New Orleans, where he practices in the areas of employment law, professional malpractice, and other intentional torts including fraud and defamation. He previously has spoken for various professional groups on his areas of practice. Mr. Hyatt is a member of the Louisiana State Bar Association; the U.S. 5th and 9th circuits; and the Eastern, Middle and Western districts of Louisiana. He earned his B.A. degree from Centenary College and his J.D. degree from Loyola University, New Orleans. (Kenner location)

ALEXANDRA NAVARRE-DAVIS is an attorney with The Kullman Firm, where she practices in the area of labor and employment. After having worked at the Equal Employment Opportunity Commission for over five years as a trial attorney, Ms. Navarre-Davis gained substantial experience in successfully handling employment discrimination lawsuits and charges of discrimination. She is also an Adjunct Professor of Law at Tulane Law School, where she teaches Negotiation and Mediation Advocacy in conjunction with other professors. Additionally, she serves as an instructor for Tulane Law School's Civil Pretrial Litigation Bootcamp. Ms. Navarre-Davis is admitted to practice law in all federal and state courts in Louisiana. She earned her B.S. and B.A. degrees from the University of Louisiana at Lafayette and her J.D. degree from Loyola University New Orleans College of Law. (Kenner location)

SHANNON S. SALE is an attorney with McGlinchey Stafford PLLC. She is a trial litigator and her practice is broad and diverse, covering the areas of general labor and employment, workers' compensation, asbestos litigation, insurance coverage, maritime transactions and personal injury, construction litigation, premises liability, and environmental and toxic exposure. As a member of the firm's labor and employment group, Ms. Sale has experience defending clients in employment discrimination and retaliation matters and has counseled clients in employment policies and procedures and general federal and state legal compliance, as well as general policies and procedures in the workplace. She earned her B.S. degree from Louisiana State University, her B.S. degree from the University of New Orleans, and her J.D. degree from Loyola University New Orleans College of Law. (Kenner location)

AMANDA WINGFIELD GOLDMAN is an attorney in the New Orleans, Louisiana office of Jackson Lewis P.C. Her practice focuses on representing employers in workplace law matters, including preventive advice and counseling. Ms. Goldman has experience in insurance defense and subrogation, insurance coverage, environmental law, toxic torts, CERCLA, and ERISA. She has defended employers in Title VII employment discrimination claims and claims under the FLSA, FMLA, ADEA, OFCCP, USERRA and the ADAAA. Ms. Goldman has handled matters involving collective bargaining actions, including defending grievances and unfair labor practice charges, and unemployment compensation. Ms. Goldman regularly advises and trains her clients on employment policies and is also a certified ethics trainer for the state of Louisiana for public employees. She earned her B.S. degree from the University of Illinois and her J.D. degree from Loyola University New Orleans School of Law. (Lafayette and Kenner locations)

RACHEL W. WISDOM is a member at Stone Pigman Walther Wittmann L.L.C., and concentrates her practice in employment law, complex commercial litigation, and class actions. She served as a judicial law clerk to the Honorable Martin L.C. Feldman, U.S. District Court, 1990-91; and as a judge pro tempore for the First City Court of Orleans Parish on multiple occasions from 1999 to 2009. In 2011, Ms. Wisdom joined the adjunct faculty at Tulane Law School, where she currently teaches negotiation and mediation advocacy as an associate professor. She has been named to The Best Lawyers in America for defense litigation in the following fields: labor and employment, commercial, mass tort and class actions. Ms. Wisdom has also been recognized by Benchmark Litigation and by Louisiana Super Lawyers in the fields of employment and business litigation. Since 2013, Chambers U.S.A.: America's Leading Lawyers for Business guide has ranked Ms. Wisdom as a leading Louisiana Labor & Employment lawyer. (Kenner location)