Audio CD + Course Book

Advanced Employment Law: What You Need to Know

Audio CD + Course Book

Copyright Date:

April, 2018

Product ID#:

78787CDRA

Audio + Course Book

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From Event: Advanced Employment Law: What You Need to Know, held April 2018.

Program Description

Rapid employment law legislative and case law evolution has created complex legal questions for employers and employees alike. Merely keeping up with the increasing number of changes can be challenging for the most experienced of practitioners, not to mention practically applying them to demanding situations that may walk through the door at any moment. Get this comprehensive overview and obtain the valuable information you need to navigate the rapidly changing employment law landscape. No matter which side of the aisle you represent, you are sure to take away tips and techniques for handling advanced-level issues - order today!

Course Content

DAY ONE

  1. LGBT/Sexual Orientation Discrimination: Navigating the Changing Legal Landscape
  2. Handling Employee Discrimination and Harassment Claims: Pregnancy, Race, Age, Gender, etc.
  3. FMLA Complications: Intermittent Leave, Termination and More
  4. Navigating the ADA
  5. Retaliation Claim Legal Strategies: Defenses, Counter-Suits and More
  6. Enforceability of Mandatory Arbitration Clauses

DAY TWO

  1. The FLSA
  2. Drugs and Alcohol in the Workplace: Medical Marijuana and Other Considerations
  3. Independent Contractors: Detecting Employer Missteps
  4. Responding to EEOC and State Agency Charges
  5. Internal Investigations and Attorney-Client Privilege: How it is Preserved or Refuted
  6. Non-Compete, Non-Solicit and Confidentiality Agreements

Continuing Education Credit

Continuing Legal Education

Credit Hrs State Credit Approval Expiration
CLE 12.00 CT 04/10/2020
CLE 14.00 NY * 04/10/2020

* denotes specialty credits

Agenda / Content Covered

DAY ONE

  1. LGBT/Sexual Orientation Discrimination: Navigating the Changing Legal Landscape
    9:00 - 10:00, Todd Steigman
    1. Clarifying Transgender Employee Issues
    2. Workplace Policy Essentials
    3. State Law Updates
  2. Handling Employee Discrimination and Harassment Claims: Pregnancy, Race, Age, Gender, etc.
    10:15 - 11:15, Todd Steigman
    1. Burdens of Proof: ENDA, Title VII and Other Considerations
    2. How Employers can Satisfy Burdens of Production
    3. Burden of Persuasion: Establishing Pretext for Discrimination
    4. Employer Documentation That Makes or Breaks Claims: With Examples
  3. FMLA Complications: Intermittent Leave, Termination and More
    11:15 - 12:15, Lawrence Peikes
    1. Verifying Intermittent Leave: Working with Healthcare Providers
    2. Avoiding Recertification Pitfalls
    3. Investigating Leave: Legal Use of Social Media and Other Tools
    4. Terminating Employees on FMLA Leave
    5. Documentation to Avoid Retaliation Charges
  4. Navigating the ADA
    1:15 - 2:15, Glenn A. Duhl
    1. Undue Hardship and Unreasonable Accommodations
    2. Fitness for Duty Tests: Weighing Legal Options
    3. Direct Threat - What Does it Mean?
  5. Retaliation Claim Legal Strategies: Defenses, Counter-Suits and More
    2:15 - 3:15, Hugh W. Cuthbertson
  6. Enforceability of Mandatory Arbitration Clauses
    3:30- 4:30, Hugh W. Cuthbertson

DAY TWO

  1. The FLSA
    9:00 - 10:00, William Madsen
    1. Salary Thresholds
    2. Exempt Employees and Non-Exempt Duty Pitfalls
    3. Changing Employee Classification
    4. Recognizing Liability in Handbook Policies, Job Descriptions, etc.
  2. Drugs and Alcohol in the Workplace: Medical Marijuana and Other Considerations
    10:15- 11:15, Christopher L. Brigham
  3. Independent Contractors: Detecting Employer Missteps
    11:15- 12:15, William Madsen
    1. Interpreting Recent Guidance
    2. Indicators That Scream "Independent Contractor"
    3. Independent Contractor Policies That Create Liabilities
  4. Responding to EEOC and State Agency Charges
    1:15- 2:15, Glenn A. Duhl
    1. Evaluating the Claim
    2. Charge Investigation Best Practices
    3. Document and Computer Evidence Retention
    4. Position Statements as Potential Evidence in Litigation
  5. Internal Investigations and Attorney-Client Privilege: How it is Preserved or Refuted
    2:15- 3:15, Christopher L. Brigham
    1. Business Purposes vs. Legal Advice
    2. Analyzing Investigation Policies and Procedures
    3. Attorney Oversight of Investigations
    4. Documenting Investigation Legal Purpose
  6. Non-Compete, Non-Solicit and Confidentiality Agreements
    3:30- 4:30, Christopher L. Brigham
    1. Geographic Scope
    2. Duration of Agreement
    3. Restricted Activities
    4. Hiring Employees with an Agreement: Assessing Liabilities

CHRISTOPHER L. BRIGHAM is a shareholder at Updike, Kelly & Spellacy P.C., and chairman of the employment practices group. Mr. Brigham focuses his practice on representing and counseling schools and businesses with respect to workplace and employment law issues. He defends clients in a wide variety of employment claims in both federal and state court. Mr. Brigham also represents and counsels clients on matters before the Equal Employment Opportunity Commission, the Connecticut Commission on Human Rights and Opportunities, the Department of Labor and the Workers’ Compensation Commission. Mr. Brigham counsels clients about issues facing employers during all stages of the employment relationship and conducts human resource audits to ensure compliance with the most recent state and federal laws. He also conducts internal investigations involving all forms of workplace disputes and claims of discrimination, sexual misconduct and/or harassment. Mr. Brigham also conducts Title IX investigations at the college and university level. He earned his B.A. degree from Middlebury College and his J.D. degree from Vermont Law School.

HUGH W. CUTHBERTSON is a principal at Zangari Cohn Cuthbertson P.C., where he has been involved in both civil and criminal litigation in state and federal court, both at the trial and appellate levels. For the past 30 years, his focus has been the representation of companies and their management in the defense of employment, discrimination, retaliation, harassment, wrongful discharge, breach of contract, and various related tort claims, such as defamation, infliction of emotional distress and misrepresentation. Mr. Cuthbertson also has handled other employment and business related matters, such as shareholder disagreements; business "divorces"; non-competition, non-solicitation and non-disclosure disputes; wage and hour matters; and unemployment compensation issues. He is a frequent speaker in the areas of employment law and litigation. Mr. Cuthbertson is a member of the New Haven County, Connecticut and American bar associations. He has been a special master for the New Haven seat of the U.S. District Court for the District of Connecticut since 1983. Mr. Cuthbertson is admitted to practice in Connecticut and Massachusetts, as well as the U.S. District Court for the districts of Connecticut and Massachusetts, and the Eastern and Southern districts of New York; the U.S. Court of Appeals for the District of Columbia, 5th, 2nd, 11th and 7th circuits; the U.S. Supreme Court; and the U.S. Tax Court. He earned his B.A. degree from Case Western Reserve University and his J.D. degree from the Boston College Law School.

GLENN A. DUHL is a shareholder in Zangari Cohn Cuthbertson P.C., representing management in employment law and litigation. He is an aggressive, experienced litigator who zealously represents his clients in trials before federal and state court judges, juries, administrative, and arbitration proceedings. Representative matters include breach of contract, wrongful termination, discrimination, defamation, trade secret misappropriation, restrictive covenants, wage and hour, harassment, and class action defense. Mr. Duhl also advises clients on litigation-avoidance strategies and techniques in complex and highly sensitive disputes. He earned Martindale-Hubbell's highest rating for ethical standards and legal ability (AVA® preeminent), was chosen for inclusion in The Best Lawyers in America; selected by his peers as a Connecticut and New England Super Lawyer in the areas of employment litigation defense, employment & labor law and civil litigation defense; and earned an Avvo rating of 10.0 out of 10.0. For the following ABA - Bloomberg/BNA publications, Mr. Duhl is the Connecticut chapter author of Wage and Hour Laws - A State-by-State Survey, associate editor of Age Discrimination in Employment Law, contributing author of The Fair Labor Standards Act, The Family and Medical Leave Act, and Tortious Interference in the Employment Context. Mr. Duhl frequently speaks on various employment law and litigation topics. He previously served as an adjunct professor in moot court and trial advocacy at UCONN Law School, and taught advanced employment law at the University of Hartford. Mr. Duhl is licensed in Connecticut, New York, Massachusetts and Louisiana. He earned his B.A. degree from Wesleyan University and his J.D. degree from Tulane Law School.

WILLIAM MADSEN is a partner with Madsen, Prestley & Parenteau LLC, where he practices employment-related claims, including wrongful discharge; whistle blower retaliation; family and medical leave; disability accommodation; freedom of speech; wage and hour; breach of contract; violation of public policy; discrimination on the basis of age, race, sex, disability, and national origin; and in the area of class action litigation. He is licensed to practice law before the U.S. Court of Appeals for the Second Circuit, as well as the state and federal courts of Connecticut and Maine. Mr. Madsen graduated from the University of Massachusetts at Amherst, Yale Divinity School and Vermont Law School, where he earned his law degree.

LAWRENCE PEIKES is a partner in the Stamford office of Wiggin and Dana LLP, where he represents management in all aspects of labor and employment law. Mr. Peikes’ practice encompasses federal and state court litigation, arbitration and mediation of employment discrimination claims, wrongful discharge claims, wage and hour claims, disputes over the enforcement of covenants not to compete, trade secret protection, and other employment related controversies. He also represents employers in administrative proceedings before such agencies as the U.S. Equal Employment Opportunity Commission, the Connecticut Commission on Human Rights and Opportunities, The National Labor Relations Board, the U.S. and Connecticut departments of Labor, and other administrative bodies charged with the enforcement of federal and state labor laws. In addition, Mr. Peikes regularly counsels employers with respect to employee terminations and discipline, collective bargaining, employment contracts, workplace discrimination issues, alternative dispute resolution, and all other aspects of the employment relationship. He frequently lectures and writes on employment law issues and serves as a senior editor on the BNA's Fair Labor Standards Act Treatise. Mr. Peikes earned his B.A. degree from the University of Maryland and his J.D. degree, with honors, from The George Washington University, National Law Center.

TODD STEIGMAN is a partner with Madsen, Prestley & Parenteau LLC. His practice is dedicated to advancing the rights of employees. Mr. Steigman represents clients in all phases of the legal process, from negotiations to litigation in state and federal courts. He has successfully represented clients in a wide variety of matters, including whistleblowers and individuals who have been harmed by discrimination, sexual misconduct, unequal pay, defamation, wrongful discharge, breach of contract, and violation of the Family Medical Leave Act. Mr. Steigman also has obtained payments from employers who have unlawfully failed to pay overtime or other wages to employees. He is a member of the National Employment Lawyers Association, Connecticut Employment Lawyers Association and the Connecticut Bar Association. Mr. Steigman is admitted to practice in Connecticut, and before the U.S. District Court for the District of Connecticut and the Second Circuit Court of Appeals. He earned his B.A. degree, summa cum laude, from Quinnipiac University; and his J.D. degree, with honors, from the University of Connecticut School of Law.

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:

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Accreditation Details:

Continuing Legal Education

CT CLE: 12.00 Credit Approval Exp
04/10/2020
Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of NBI, Inc. that this activity qualifies for up to 12.0 self-study hours toward your annual CLE requirement in Connecticut, including 0.0 self-study hour(s) of ethics/professionalism.


NY CLE: 14.00 Credit Approval Exp
04/10/2020
Includes - Areas of Professional Practice: 14.00
This nontraditional format course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 14.0 credit hours. 14.0 hours can be applied to the Areas of Professional Practice and is approved for experienced attorneys. 0.0 hour can be applied toward the ethics and professionalism requirement and is approved for experienced attorneys.


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