HR Law From Start to Finish

Agenda / Content Covered

1. NLRB Rulemaking and Enforcement Update
   11:00 - 11:30, Roman Arce
2. Wage and Hour Law: Legal Essentials
   11:30 - 12:30, Peter L. Frattarelli
   1. FLSA Litigation, Enforcement, and Guidance Update
   2. Primer on Wage Laws for Specific Types of Workers
   3. Determining Overtime Eligibility
   4. Recordkeeping Obligations
   5. Best Practices for Recruiting and Hiring Employees, Improving Employee Retention, etc.
   6. Current Wage and Hour Compliance Issues Surrounding Remote Workers
3. The COVID-19 Pandemic: Top Lessons Learned
   12:45 - 1:15, Cindy M. Cieslak
4. Creating and Updating Employee Handbooks
   1:15 - 2:15, Ralph R. Smith III
   1. Important Issues That Need to Be Addressed
   2. Critical Disclaimers You Need to Include
   3. Assessing Handbook Liability
   4. Boilerplate Language
   5. Policies That You Need to Update NOW
   6. Procedures for Modifications to the Handbook
5. FMLA and ADA: Essential Guidelines
   2:45 - 3:45, Peter L. Frattarelli
   1. Overview of Employer Obligations, Employee Eligibility, etc.
   2. Handling Accommodation Requests
   3. Techniques for Preventing and Identifying FMLA Abuse
   4. Creating and Updating Policies
   5. FMLA, Discipline, and Termination - Safeguarding Against Lawsuits
6. Dos and Don'ts of Addressing Harassment in the Workplace
   3:45 - 4:30, Jeremy A. Stephenson
   1. Best Practices for Creating and Updating Anti-Harassment Policies
   2. Investigating Claims: Gathering Statements and Other Evidence
   3. Handling Social Media and After-Hours Harassment the Right Way
   4. How to Properly Discipline the Harasser
   5. The Importance of Training to Mitigate Liabilities
   6. Case Law Update and Recent Trends
7. How to Conduct Workplace Investigations
   4:45 - 5:30, Cindy M. Cieslak
   1. Planning the Investigation: How to Do It Right
   2. Practical Guidance for Conducting and Documenting the Investigation
   3. Guidelines for Drafting the Final Investigative Report
   4. Communicating Investigation Results With the Accused and the Complainant
   5. Discipline and Termination Decisions: Mitigating Litigation Risks
8. What You Must Know About Non-Compete Agreements
   5:30 - 6:00, Ralph R. Smith III

Accreditation Details:

Roman Arce is a member of the law firm of Marshall & Melhorn, LLC, where he focuses exclusively in labor and employment law. From 1992 to the present, Mr. Arce has practiced management-side labor law; construction industry labor law; employment litigation in state and federal courts; employment discrimination/harassment; workers‘ compensation; litigation under the FMLA, FLSA, ADA, OSHA, ERISA, Multiemployer Pension Plan Amendments Act, WARN Act, and affirmative action; wage and hour; and Ohio prevailing wage law compliance. He is a member of the Labor and Employment Law sections of the American, Ohio State, and Toledo bar associations. Mr. Arce earned his B.A. degree from the University of Notre Dame and his J.D. degree from the University of Michigan Law School.

 

Cindy M Cieslak is a partner with Rose Kallor, LLP. Ms. Cieslak's practice focuses on all aspects of labor and employment litigation in state and federal courts, as well as administrative agencies, including the defense of public sector and private employers against claims of discrimination, wage and hour violations, breach of contract, free speech retaliation, whistleblower retaliation, and other civil rights violations. She provides advice to employers regarding compliance with labor and employment laws. Ms. Cieslak conducts workplace investigations, prepares employee handbooks and best practices manuals for employers, and assists employers with affirmative action plans and compliance with laws and regulations pertaining to government contractors. She earned her B.A. degree, summa cum laude, from The Pennsylvania State University and her J.D. degree from The University of Connecticut School of Law.

Peter L Frattarelli is a partner with Archer & Greiner P.C., where he is the chair of the Labor and Employment Department. Mr. Frattarelli regularly represents management and employers in labor and employment litigation and proceedings. He is a member of the New Jersey State Bar Association (including an Executive Committee position with the Labor and Employment Law Section); Delaware State Bar Association; American Bar Association; Camden County (New Jersey) Bar Association; barrister, Sidney Reitman Labor and Employment Law Inns of Court; and Justinian Society (Italian-American attorneys organization). Mr. Frattarelli is admitted to practice in Delaware, Pennsylvania, and New Jersey; and before the U.S. Supreme Court; Third Circuit Court of Appeals; and the U.S. District Court (Delaware, Eastern District of Pennsylvania and District of New Jersey). He earned his B.S. degree from Drexel University and his J.D. degree, magna cum laude, from Widener University School of Law.

Ralph R Smith III is a shareholder and co-chair of the labor & employment group of Capehart & Scatchard, P.A. Mr. Smith focuses his practice in employment litigation and preventative employment practices, including counseling employers on the creation of employment policies, non-compete and trade secret agreements, and training employers to avoid employment-related litigation. He represents both companies and individuals in related complex commercial litigation before federal state courts and administrative agencies in labor and employment cases, including race, gender, age, national origin, disability and workplace harassment and discrimination matters, wage-and-hour disputes, restrictive covenants, grievances, arbitrations, drug testing, and employment-related contract issues. Mr. Smith earned his B.A. degree, magna cum laude, from Temple University; and his J.D. degree, cum laude, from Temple University School of Law.

Jeremy A Stephenson is of counsel with the law firm of Wilson Elser Moskowitz Edelman & Dicker LLP in Charlotte, North Carolina, where he provides counseling and litigation services to management clients in employment and related corporate matters. He has successfully defended employers before administrative agencies around the country, and the state and federal courts in North Carolina, against claims of employment discrimination, wrongful termination, breach of contract, wage and hour violations, non-compete agreements, trade secrets, and related business litigation. Mr. Stephenson regularly publishes articles and is invited to speak on topics of employment law, litigation and trial tactics, insurance law, and corporate risk management topics He is a recent past president of the Charlotte Area Society of Human Resource Managers and is currently the Government Affairs director for NCSHRM. Mr. Stephenson has extensive experience providing insurance coverage counseling and litigation services on employment practices liability insurance (EPLI), directors and officers (D&O), general liability (GL), errors & omissions (E&O), and other lines of coverage. He litigates in the state and federal courts of North Carolina in cases pertaining to professional liability, products liability, and other areas of civil and corporate liability. Mr. Stephenson earned his B.A. degree from the University of Virginia and his J.D. degree from Loyola University Chicago School of Law.