Alabama Human Resource Law Boot Camp

Agenda / Content Covered

1. FLSA Essentials: Practically Applying the Most Recent Legal Perspectives
   9:00 — 9:50, Helen Robinson
   1. Primary Duties Test: Recognizing the Top Pitfalls
   2. Salary Test Legal Essentials
   3. Independent Contractor Issues
   4. Off-The-Clock Work and Unauthorized Overtime
   5. Addressing Employer Errors: Essential Safe Harbor Policies to Have
2. Using Handbooks to Protect Against Legal Liabilities: With Example Policies
   9:50 — 10:40, Maury Nicely
   1. Handbook Scope: How Much Is Too Much?
   2. What Topics You Must Include: With Example Language
   3. Key Disclaimers You Can't Forget
   4. Avoiding Implied Contractual Relationships
   5. Essential Updates: NLRB and Other Concerns
   6. Updating Handbooks: With Checklists
3. HIPAA Best Practices for HR: Ensuring Confidentiality of Medical Information
   10:55 — 11:45, Stuart Silverman
   1. When Does HIPAA Apply to Employers?
   2. Requesting Protected Health Information (PHI): FMLA and Other Purposes
   3. Safeguarding PHI
   4. Putting PHI Policies in Place: With Examples
4. Hiring and Firing: Legal Dos and Don'ts for Crucial HR Functions
   12:45 — 1:35, Maury Nicely
   1. Crafting Legally Compliant Job Descriptions
   2. What Employers Can and Can't Ask About Criminal Backgrounds, Credit Histories, etc.
   3. How Enforceable Are Non-Compete, Non-Solicit, and Confidentiality Agreements?
   4. Verifying Immigration Status - E-Verify and Other Considerations
   5. Legally Defensible Termination Documentation
   6. Terminating Employees on Leave
   7. Separation Agreements and Releases: With Examples
5. Social Media Policies: Balancing Employer Needs and Employee Rights
   1:35 — 2:25, Thomas Scroggins
   1. Social Media and NLRA Violations for Non-Union Employers
   2. To What Extent May Employers Limit Social Media Use?
   3. Using Private Social Media Accounts for Business Purposes
   4. Using Social Media in Hiring Decisions
   5. Best Practices for Creating and Updating Social Media Policies
6. Drugs and Alcohol in the Workplace: Marijuana and Other Considerations
   2:40 — 3:35, Gerri Plain
   1. Accommodating Medical Marijuana Users: Do Employers Have To?
   2. Drug-Testing Considerations for Current and Prospective Employees
   3. Firing and Disciplining Medical Marijuana Users: Current Legal Perspectives
   4. Creating Drug and Alcohol Policies That Leave No Room for Interpretation
7. Employee Relations: Legal Solutions for Sensitive Workplace Issues
   3:35 — 4:30, Gerri Plain
   1. Granting Employee Leave: FMLA, ADA, and Other Considerations
   2. Return-to-Work Policies After Leave
   3. Disciplinary Actions
   4. Investigating Misconduct
   5. Answering Discrimination and Harassment Complaints
   6. Workplace Safety and Security Issues: Firearms, Disgruntled Employees, Domestic Violence, etc.
   7. Creating Performance Improvement Plans
   8. Employee Evaluations: Best Practices

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs. Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central: Phone: (866) 240-1890 Email: credit@nbi-sems.com

Maury Nicely is a member of Evans Harrison Hackett, PLLC, where he concentrates his practice in the areas of employment litigation, labor law, and general business litigation. He has addressed issues pertaining to all areas of labor and employment law in order to assist clients in preparing and maintaining employee records, making proactive decisions to prevent workplace issues from arising, and addressing formal complaints when they arise. Mr. Nicely is a member of the American, Tennessee, Chattanooga, and Federal bar associations, as well as the State Bar of Georgia. He is admitted to practice in Georgia and Tennessee State and Federal courts. Mr. Nicely earned his B.A. degree, magna cum laude, from Vanderbilt University, and his J.D. degree, cum laude, from the University of Georgia School of Law.

Gerri L Plain is a partner with the Huntsville law firm of Gaines Gault Hendrix, PC. She practices in the areas of insurance defense, civil litigation, and labor and employment law; including automobile litigation, product liability, premises liability, and employment litigation. Ms. Plain defends individuals and insurance companies in personal injury claims through litigation and trial. She also routinely advises businesses on employment practices, drafts employment manuals and separation agreements, and defends employment charges and claims. Ms. Plain earned her B.A. degree at the University of South Carolina-Upstate, her M.S. degree at Southern Wesleyan University and her J.D. degree, cum laude, at Cumberland School of Law. She is a member of the Huntsville Madison County Bar Association and serves on the Alabama State Bar Life, Health, and Wellness Committee.

Helen M Robinson is an attorney with Marshall Forman & Schlein, LLC. Ms. Robinson practices in the areas of labor and employment law and police misconduct. She worked at a major insurance company for more than 20 years, where she held positions as human resources specialist, HR supervisor, regional HR manager, corporate HR director, and assistant vice president, Human Capital. She also held multiple executive positions in various business units, with profit and loss accountability for several large regional operations. Ms. Robinson is a member of the Columbus and Ohio State bar associations, the Ohio Employment Lawyers Association and the Women Lawyers of Franklin County Bar Association. She earned her B.A. degree, cum laude, from Ohio University and J.D. degree, magna cum laude, with a concentration in employment and labor law, from Capital University Law School.

Thomas W Scroggins is a partner with the law firm of Constangy, Brooks, Smith & Prophete LLP, where he focuses his practice on affirmative action/OFCCP compliance, class/collective actions, employment litigation prevention & defense, labor relations, as well as wage and hour compliance/litigation. Mr. Scroggins earned his B.A. degree from Louisiana State University and his J.D. degree, magna cum laude, from the University of Alabama School of Law. He is admitted to practice law in Alabama, Georgia, the Supreme Court of Alabama, the Court of Appeals for the Eleventh Circuit, and the U.S. District Courts for the Northern, Southern and Middle Districts of Alabama. Mr. Scroggins is a member of the Tuscaloosa County Bar Association and the Alabama State Bar, Section on Labor and Employment Law.

Stuart M Silverman is the principal of the Law Offices of Stuart M. Silverman, P.A., located in Boca Raton. He focuses his practice in the areas of labor and employment law, and business and commercial litigation. Mr. Silverman has represented both private and public employers, as well as individual employees in a whole host of complex business disputes and employment settings at administrative levels, and state and federal trial and appellate courts. His extensive employment litigation experience includes claims under age, race, sex discrimination; wage and hour claims; whistleblower and retaliation claims; ADA and FMLA claims; public employee's claims; as well as disputes under employment contracts, non-compete agreements, trade secrets disputes, and partnership breakups. Mr. Silverman is a member of the Workplace Violence Prevention Institute. Mr. Silverman earned his B.A. degree, with high honors, and his J.D. degree from Rutgers University. He is admitted to practice in Florida and before the U.S. District Court for the Southern District of Florida.