Audio CD + Course Book

Advanced Employment Law: What You Need to Know

Audio CD + Course Book

Copyright Date:

April, 2018

Product ID#:

78789CDRA

Audio + Course Book

Credit Information

Continuing education credit
is not available on this program.


  • For additional questions regarding
  • continuing education credits,
  • please contact us at 866-240-1890
  • or credit@nbi-sems.com
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. Independent Contractors: Detecting Employer Missteps
  3. Ethical Issues in Employment Law
  4. Internal Investigations and Attorney-Client Privilege: How it is Preserved or Refuted
  5. Responding to EEOC and State Agency Charges
  6. Non-Compete, Non-Solicit and Confidentiality Agreements
  7. Drugs and Alcohol in the Workplace: Medical Marijuana and Other Considerations

Continuing Education Credit

Continuing Legal Education – CLE


* denotes specialty credits

Agenda / Content Covered

DAY ONE

  1. LGBT/Sexual Orientation Discrimination: Navigating the Changing Legal Landscape
    9:00 - 10:00, Douglas W. Desmarais
    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, Douglas W. Desmarais
    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, Kerstin M. Miller
    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, Kerstin M. Miller
    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
    2:30 - 3:30, James Hammerschmidt
  6. Enforceability of Mandatory Arbitration Clauses
    3:30 - 4:30, Jack Blum

DAY TWO

  1. The FLSA
    9:00 - 10:00, Jessica Summers
    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. Independent Contractors: Detecting Employer Missteps
    10:15 - 11:00, Jessica Summers
    1. Interpreting Recent Guidance
    2. Indicators That Scream "Independent Contractor"
    3. Independent Contractor Policies That Create Liabilities
  3. Ethical Issues in Employment Law
    11:00 - 12:00, Peter S. Saucier
    1. Key Rules of Professional Conduct
    2. Confidentiality
    3. Privileged Communications
    4. Identifying and Avoiding Conflicts of Interest
  4. Internal Investigations and Attorney-Client Privilege: How it is Preserved or Refuted
    1:00 - 1:45, James Hammerschmidt
    1. Business Purposes vs. Legal Advice
    2. Analyzing Investigation Policies and Procedures
    3. Attorney Oversight of Investigations
    4. Documenting Investigation Legal Purpose
  5. Responding to EEOC and State Agency Charges
    1:45 -2:30, Jeffrey A. Hord
    1. Evaluating the Claim
    2. Charge Investigation Best Practices
    3. Document and Computer Evidence Retention
    4. Position Statements as Potential Evidence in Litigation
  6. Non-Compete, Non-Solicit and Confidentiality Agreements
    2:45 - 3:45, Jeffrey A. Hord
    1. Geographic Scope
    2. Duration of Agreement
    3. Restricted Activities
    4. Hiring Employees with an Agreement: Assessing Liabilities
  7. Drugs and Alcohol in the Workplace: Medical Marijuana and Other Considerations
    3:45 - 4:30, Jack Blum

JACK BLUM is an attorney in Paley Rothman's litigation and employment law practice groups. He has gained significant experience in a wide range of litigation matters, including real estate, commercial, corporate, and complex estates and trusts cases in both trials and appeals. He has represented large publicly and privately traded companies, individuals, real estate developers, medical practices, and small businesses. In the area of employment law, Mr. Blum has worked with employers to defend employment discrimination and wage payment lawsuits; assisted both employers and employees in disputes over the enforcement or interpretation of employment agreements; and has drafted employment contracts and independent contractor agreements. He earned his B.A. degree, cum laude, from St. Mary’s College of Maryland; and his J.D. degree, magna cum laude, from the University of Maryland School of Law.

DOUGLAS W. DESMARAIS is a partner with Smith & Downey, P.A., in Baltimore, where his practice deals with all aspects of employment relationships. He has a particular emphasis in his practice on educating employers about the many labor and employment laws that govern the workplace, and then helping those employers comply with these laws, thus avoiding costly and time consuming litigation. Additionally, Mr. Desmarais has extensive experience in representing clients before the EEOC, DOL, OFCCP, NLRB, and numerous other federal, state and local agencies and courts. He is also a frequent lecturer on employment-related topics, and he is the editor and coauthor of the first edition of the American Bar Association’s Model Jury Instructions for Employment Litigation. Mr. Desmarais earned his B.A. degree from Brigham Young University; his J.D. degree from the University of Maryland School of Law; and his LL.M. degree in labor law from Georgetown University School of Law. He is admitted to the bars of Maryland and the District of Columbia.

JAMES HAMMERSCHMIDT is co-president of Paley Rothman, co-chair of the employment law group, and a member of its litigation and appellate practice groups. Mr. Hammerschmidt has extensive experience representing and counseling clients on employment law issues. He represents clients in federal and state court, as well as before agencies such as the EEOC, Department of Labor, and local and state human rights commissions and labor departments. In addition to litigation, Mr. Hammerschmidt provides daily advice to clients dealing with difficult employees and employee discipline, and routinely assists clients in developing and implementing employment policies and practices, drafting employee manuals, and preparing employment agreements. He earned his J.D. degree, cum laude, from Saint Louis University School of Law (where he was executive editor of the Public Law Review, co-editor-in-chief of the American Bar Association’s Fidelity and Surety Law, Trial Advocacy Team member, and Alpha Sigma Nu National Honor Society member); and his B.S.B.A. degree from Washington University in St. Louis.

JEFFREY A. HORD is an attorney with Paley Rothman in Bethesda, Maryland, where he is a member of the firm’s employment law and litigation practice groups. An experienced trial lawyer, Mr. Hord advises and represents employers in litigation, arbitration, and mediation. He served as a professorial lecturer at the American University Washington College of Law from 2009 to 2012, instructing some of the nation’s top law students on all aspects of trial practice. Mr. Hord is a member of the Maryland State Bar Association, the Virginia State Bar, and the District of Columbia Bar; and is admitted to practice in all state and federal courts in Maryland, Virginia and Washington, D.C. He was accepted into the Bar Association of Montgomery County's Leadership Development Academy class of 2017, and is an active member of the Society for Human Resource Management, the American Bar Association, and the Virginia Trial Lawyers Association. Mr. Hord earned his B.A. degree from the College of William & Mary and his J.D. degree from the University of Richmond School of Law.

KERSTIN M. MILLER is an attorney with Smith & Downey, P.A., a leading law firm concentrating in employee benefits and human resources law. She handles a wide range of employment matters for businesses, with a focus on avoiding liability under the host of laws and regulations impacting the workplace. Ms. Miller regularly counsels management on day-to-day human resource law issues, such as leaves of absence, reasonable accommodations, and terminations; and works closely with clients to draft key employment documents, such as employee handbooks and separation agreements. She has represented clients before numerous government agencies and in federal and state courts across the country. In addition to serving her own clients, Ms. Miller serves on the board of the Chesapeake Human Resources Association, a local chapter of the Society for Human Resource Management (SHRM). She also regularly provides free legal services to residents of Helping Up Mission, a comprehensive treatment program for men fighting addiction and homelessness in Baltimore City. Ms. Miller graduated from the University of Maryland School of Law, magna cum laude, Order of the Coif, and from The College of William and Mary, summa cum laude.

PETER S. SAUCIER is an attorney with Kollman & Saucier, P.A., where his primary concentration is labor and employment law. Mr. Saucier served in the United States Air Force from June 1972 until June 1976. When he was honorably discharged at age 21, he had completed all but one semester of college while in the Air Force. In 1977, Mr. Saucier earned his B.S. degree, magna cum laude, from the University College of the University of Maryland with a concentration in philosophy. He then attended the University of Baltimore School of Law on a full academic scholarship and earned his J.D. degree cum laude. After graduating from law school, Mr. Saucier accepted a position at Venable, Baetjer and Howard, where his practice was limited to labor and employment law. His legal career led to partnership at Venable, Baetjer and Howard effective January 1, 1989. He continued his legal practice at Venable, Baetjer and Howard until May 1993, when he accepted the opportunity to join Kollman & Saucier, P.A. Since that time, Mr. Saucier has continued his representation of management in all areas of labor and employment law. He has substantial experience handling administrative hearings, arbitrations, trials, and appeals. Mr. Saucier also teaches labor and employment law, and grievance and arbitration, at the College of Notre Dame in Baltimore.

JESSICA SUMMERS is an attorney in Paley Rothman’s employee benefits, employment law, retirement plans, litigation and government relations practice groups. Ms. Summers works with companies and organizations on a wide range of matters, including establishing and implementing effective employment policies, drafting employment agreements, maintaining employee benefit plans, addressing corporate planning issues, and monitoring and advising clients on legislative and regulatory developments of import to them. Prior to joining Paley Rothman as an associate, Ms. Summers was a law clerk at the firm. A cum laude graduate of American University’s Washington College of Law, she served as topics and trends manager on the Administrative Law Review. As a law student, she was admitted to practice and represented low-income clients through the school’s General Practice Clinic. Ms. Summers also interned in the chambers of the Honorable Judge Joan Zeldon in the Superior Court of the District of Columbia and in the Office of the General Counsel at the U.S. Department of Commerce. She is a member of the Virginia, Maryland and District of Columbia Bars.

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

VA CLE:
This content has been approved for Virginia Mandatory Continuing Legal Education credit. Credit hours will be awarded based on the actual run time.


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