Agenda / Content Covered

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1. Employment Law Update
   9:00 - 9:20, Steven H. Garrett
2. Successful Hiring and Recruitment Steps
   9:20 - 10:05, Autum L. Flores
   1. Drafting Accurate Job Descriptions
   2. Job Applications: Getting the Data You Need
   3. Proper Way to Conduct Background Checks
   4. Screening References Through a Filter of Reality
   5. The Job Offer or Rejection Letter
   6. Checklist for a Legal Hire
   7. Orientation and Training
   8. Immigration Compliance Documents (I-9 and E-Verify)
   9. IRS and Federal Compliance Documents (SS-4, W-4, Form 940)
3. Employee Handbooks and Policies in the 21st Century
   10:05 - 10:45, Autum L. Flores
   1. Guidelines for Whether Your Organization Should or Should Not Have a Handbook
   2. Ensuring Handbook Style Fits with Corporate Culture
   3. Revising the Old vs. Starting Anew
   4. Topics That Should be Included
   5. Boilerplate Language
4. Wage and Benefit Issues
   11:00 - 11:45, Steven H. Garrett
   1. State-Specific Wage and Hour Laws
   2. What Qualifies as Overtime?
   3. Differences to be Aware of: Salaried Exempt vs. Salaried Non-Exempt
   4. Options for Employees Reporting Time Worked
   5. Handling Deductions from Wages
   6. Leave Policies
   7. Part-Time Employees and Temps: Wage and Benefit Obligations
   8. Unpaid Internship and Training Programs
   9. Benefits: Health Insurance, Flex Spending and Retirement Plans
      1. Modifications to the Consolidated Omnibus Reconciliation Act of 1985 (COBRA)
      2. Change to Flexible Spending Accounts
      3. Employee Retirement Income Security Act (ERISA) Pitfalls to be Wary of
5. Other Employment Laws You Need to Know
   11:45 - 12:30, Shawn D. Twing
   1. Family and Medical Leave Act (FMLA)
   2. Americans with Disabilities Act (ADA)
   3. Worker Adjustment and Retraining Notification Act (WARN)
   4. Older Workers' Benefit Protection Act (OWBPA)
   5. Age Discrimination and Employment Act (ADEA)
   6. Title VII of the Civil Rights Act and Sexual Harassment
   7. Pregnancy Discrimination Act (PDA)
   8. Uniformed Services Employment Reemployment Rights Act (USERRA)
6. Controlling Unemployment Compensation Costs
   1:30 - 2:10, Shawn D. Twing
   1. General Rules on Who is Entitled to Unemployment Compensation
   2. Key Information to Present Regarding the Initial Claim
   3. When is it Important to Fight an Unemployment Compensation Claim
   4. What you Need to Know About the Hearing Process
   5. Traditional Ways to Manage Unemployment Compensation Costs
7. Workplace Behavior and Privacy - Current Developments
   2:10 - 2:55, Autum L. Flores
   1. Employee Surveillance
   2. Searches of Desks, Smartphones, Lockers, Vehicles, Equipment, 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: Harassment and Bullying
   8. Off-Duty Behavior and Activities
8. Discipline and Discharge - Necessary Documentation
   3:10 - 3:55, Autum L. Flores
   1. Putting a Discipline Policy in Place Proactively
   2. What to do When There is no Policy Addressing an Offense
   3. Evaluating Employee Performance While Mitigating Liability
   4. What Goes in the Discipline/Discharge Letter?
   5. At What Point Should Discharge be Considered?
   6. Minimizing Liability When Discharging an Employee
   7. Common Mistakes to Avoid During Discharge
   8. Waivers and Releases - Their Use After Termination
9. The National Labor Relations Board - Obligations and Compliance
   3:55 - 4:30, Shawn D. Twing
   1. Current Challenges in NLRB Policies
   2. Petition Process
   3. Complaint and Hearing
   4. Controlling Back Pay
   5. Avoiding a Bargaining Order After Winning an Election
   6. Rules on Secondary Boycotts
   7. Working Around the Problems in Project-Only Agreements
   8. Handling Concerted Activity in Non-Union Environments

Accreditation Details:

AUTUM L. FLORES is a shareholder with Underwood Law Firm, P.C. Ms. Flores primarily focuses her practice on labor and employment regulatory issues and litigation, though she also has substantial experience in a variety of other complex civil litigation and regulatory matters, including healthcare, consumer protection, antitrust, and securities matters. As part of her labor and employment practice, Ms. Flores frequently consults with employers in relation to a wide range of labor and employment-related questions and issues, including union organizing, unfair labor practices, collective bargaining, strike avoidance and mitigation, wage and hour, discrimination and harassment, medical and other personal leave, terminations and layoffs, employee training, unfair competition, non-competes, trade secrets, whistleblowing and retaliation, workplace safety, privacy and data security, workers’ compensation and non-subscriber laws, and employee handbooks and policies. She has represented clients before state and federal courts and at both the trial and appellate levels. Ms. Flores has also represented clients in proceedings before a number of government agencies, including the Texas Workforce Commission, Equal Employment Opportunity Commission, National Labor Relations Board, Occupational Health and Safety Review Commission, Social Security Administration, Internal Revenue Service, Department of Labor, Federal Trade Commission, Securities and Exchange Commission, and the Texas Medical Board. She is a member of the Colorado Bar Association and the State Bar of Texas. She is also admitted to practice in the U.S. District Court for the District of Colorado, the U.S. District Court for the Northern District of Texas, and the Fifth Circuit Court of Appeals. Ms. Flores earned her B.B.A. degree from the University of Texas at Austin and her law degree from Harvard Law School.

STEVEN H. GARRETT is board certified in labor and employment law by the Texas Board of Legal Specialization. Mr. Garrett joined Boulette Golden & Marin L.L.P., in August 2013, after three years with the city of Austin, as prosecutor in the Municipal Prosecution Division, where he prosecuted hundreds of cases and over 20 jury trials, and then as an assistant city attorney in the Employment and Public Safety Division, advising multiple city departments on employment issues as in-house counsel. Since joining the firm, he has represented clients in a variety of labor and employment issues, including negotiating initial collective bargaining agreements, litigating non-compete and trade secret matters, advising clients on thorny work separation decisions, assisting with federal and state agency compliance and investigations, and of course, defending employment claims brought against his clients. Mr. Garrett has served as the chair of the Austin Bar Association, Labor and Employment Section, 2016-2017 Fiscal Year, as well as being an associate of the Robert W. Calvert American Inn of Court. He received his B.A. degree from the University of Texas, followed by earning his J.D. degree from the University of Virginia School of Law.

SHAWN D. TWING is a partner with the law firm of Mullin Hoard & Brown, LLP. Mr. Twing’s expertise lies in labor and employment law matters, business transactions and agency practice. He is also a writer and speaker on labor and employment issues and hosts a labor and employment seminar at Wayland Baptist University annually. Mr. Twing represented Lubbock District Court Judge, Bradley Underwood, in a civil action by a former court coordinator, who alleged sexual harassment and retaliatory discharge. The resulting opinion of this case clarified legal standards regarding the statutory definition of “complaint” for purposes of the labor code’s limitations provisions. He is a member of various professional organizations, some include, the State Bar of Texas, and American Bar Association, as well as the College of the State Bar of Texas. Mr. Twing is admitted to practice in Texas, Oklahoma, and Arkansas. He earned his undergraduate degree from West Texas State University. Mr. Twing went on to earn his J.D. degree, with honors, from the University of Arkansas in Fayetteville.