Mini Law School for New Mexico HR Professionals

Agenda / Content Covered

1. Employment Law Update
   9:00 — 9:30, Quentin Smith
2. Successful Hiring and Recruitment Steps
   9:30 — 10:15, Quentin Smith
   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
   10:30 — 11:15, Quentin Smith
   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
   11:15 — 11:45, Quentin Smith
   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
5. Other Employment Laws You Need to Know
   12:45 — 1:45, Michael Progar
   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. Workplace Behavior and Privacy - Current Developments
   1:45 — 2:30, Michael Progar
   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
7. Controlling Unemployment Compensation Costs
   2:45 — 3:30, Louis Cohan
   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
8. Discipline and Discharge - Necessary Documentation
   3:30 — 4:30, Louis Cohan
   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

Accreditation Details:

Louis R Cohan founded Cohan Law Group, L.L.C., and has been a trial lawyer for more than 25 years. Mr. Cohan has done work in breach of contract, fraud, injunctive relief, punitive damages, employment, trade secrets, real estate, construction and construction defects, and civil rights litigation. His practice is concentrated on business litigation and employment litigation. He serves on the boards of the Atlanta Bar Association (treasurer-Litigation Section, chair-Small Firm Section), and the Atlanta Bar Foundation, as well as being a member of the American Board of Trial Advocates (ABOTA). Mr. Cohan earned his B.S. degree from the University of Georgia and his J.D. degree from Emory School of Law.

Michael J Progar is a partner and founding member of Doherty & Progar LLC, with nearly 40 years of experience in representing the interests of insurance companies, small businesses, and nonprofit organizations. As lead counsel, he has tried more than 50 jury trials to verdict. Mr. Progar practices primarily in the areas of personal injury, insurance coverage, fraud, excess liability, and bad faith. He is admitted to practice in the states of Wisconsin, Indiana and Illinois; and is a member of the Defense Research Institute, the CLM, and Wisconsin Defense Counsel. Mr. Progar received his B.A. degree from the University of Notre Dame and his J.D. degree from DePaul University College of Law.

 

Quentin F Smith is a shareholder/director in the law firm of Stelzner, Winter, Warburton, Flores & Dawes, P.A., where he focuses his practice on employment and labor law, and general civil litigation. Mr. Smith has successfully defended employers against a wide variety of lawsuits, such as discrimination and sexual harassment claims, retaliatory discharge claims, breach-of-contract claims, and whistleblower claims. He is certified by the New Mexico Board of Legal Specialization as a specialist in employment and labor law. Mr. Smith is a member of the State Bar of New Mexico, the Albuquerque and American bar associations, the New Mexico Defense Lawyers Association, and the Society for Human Resource Management (SHRM). He is admitted to practice in New Mexico, U.S. District Court District of New Mexico, and the U.S. Court of Appeals, 10th Circuit. Mr. Smith earned his B.A. degree, magna cum laude, from Texas Christian University; and his J.D. degree, summa cum laude, from the University of New Mexico School of Law, Albuquerque, New Mexico.