Live Seminar

Advanced Employment Law: What You Need to Know

Seminar

Date:

2 Day Seminar
Tuesday, April 17, 2018 -
Wednesday, April 18, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78789ER

Location:

Holiday Inn Timonium

9615 Deereco Road

Timonium, MD 21093

$575.00

$565 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • VA CLE - 12.00

CPE for Accountants

  • CPE for Accountants/NASBA - 14.00

Other

  • Certified Payroll Professional - 12.00
  • HRCI - 12.00
  • IACET - 1.20
  • SHRM CP/SCP - 12.00

Program Description

Handle Employment Law Difficulties with Confidence

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. Attend this comprehensive, two day seminar 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 - register today!

  • Clarify confusion regarding workplace LGBT discrimination and create workplace policies that are in line with the latest developments.
  • Resolve complicated matters concerning intermittent FMLA leave, termination of employees on leave and more.
  • Confidently determine if workplace ADA accommodations constitute an undue hardship on employers.
  • Obtain cutting-edge strategies to handle claims of retaliation.
  • Get the latest information on FLSA changes and overcome hurdles they create.
  • Detect fatal missteps employers make when they use independent contractors.
  • Examine the complexities of non-compete agreements and determine to what degree they are enforceable.
  • Analyze how attorney-client privilege is preserved - or refuted - during internal investigations.

Who Should Attend

This advanced level seminar provides clear legal guidance for complying with employment laws and avoiding lawsuits for:

  • Attorneys
  • Human Resource Managers
  • Presidents
  • Vice Presidents
  • CFOs

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

Certified Payroll Professionals – Certified Payroll Professional: 12.00

Continuing Legal Education – CLE: 12.00 *

Human Resource Certification Institute – HRCI: 12.00

International Association for Continuing Education Training – IACET: 1.20

National Association of State Boards of Accountancy – CPE for Accountants/NASBA: 14.00 *

Society for Human Resource Management – SHRM CP/SCP: 12.00


* 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:

Phone: 866-240-1890

Email: credit@nbi-sems.com

Accreditation Details:

Certified Payroll Professionals

N CPP: 12.00
This program may qualify for 12.0 RCHs for Certified Payroll Professionals.


Continuing Legal Education

VA CLE: 12.00 Includes - Ethics: 1.00
This course has been approved by the Virginia Mandatory Continuing Legal Education Board for 12.0 hours of credit, which includes 1.0 hour of ethics.


Human Resource Certification Institute

N HR: 12.00
“The use of this seal is not an endorsement by HR Certification Institute of the quality of the program. It means that this program has met HR Certification Institute’s criteria to be pre-approved for recertification credit.” This program has been approved for 12.0 recertification credit hours toward PHR, SPHR and GPHR recertification through the HR Certification Institute. For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org.


International Association for Continuing Education Training

N IACET: 1.20
NBI, Inc. is accredited by the International Association for Continuing Education and Training (IACET) and is authorized to issue the IACET CEU. NBI, Inc. is authorized by IACET to offer 1.2 CEUs for this program. At the end of the program, participants must complete a self-assessment in order to receive credit. 100% attendance is required. (Provider #1004558)

Upon completion of this course, attendees should be able to: 1. Explain workplace policy essentials regarding LGBT employees. 2. Identify how employers can satisfy burdens of production in employment discrimination cases. 3. State how to verify intermittent FMLA leave. 4. Describe what the direct threat defense is. 5. Provide an example of a retaliation claim defense strategy. 6. Give an example of something that makes an arbitration clause unenforceable. 7. Describe how to navigate FLSA salary thresholds. 8. Give an example of an independent contractor policy element that creates liability. 9. Give an example of an ethical issue for employment law attorneys. 10. State how attorney-client privilege is preserved during internal investigations. 11. Describe how to respond to EEOC charges. 12. Describe the proper geographic scope of a non-compete agreement. 13. State the legal implications of accommodating users of medical marijuana in the workplace.

National Association of State Boards of Accountancy

N NAS: 14.00 Includes - Personnel/Human Resources: 13.00, Regulatory Ethics: 1.00
NBI, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org. This program is designed to qualify for 14.0 hours (based on 50 minute credit hour) of continuing professional education credit for accountants. For more information regarding administrative policies such as complaint and refund, please contact our offices at (800) 930-6182.

This is an advanced level program presented in a group live setting. Accountants should have a basic understanding of the rapidly changing employment law landscape. Upon completion of this course, attendees should be able to: 1. Describe how Title VII applies to LGBT discrimination. 2. Identify how employers can satisfy burdens of production in employment discrimination cases. 3. State how to verify intermittent FMLA leave. 4. Describe what the direct threat defense is. 5. Provide an example of a retaliation claim defense strategy. 6. Give an example of something that makes an arbitration clause unenforceable. 7. Describe how to navigate new FLSA salary thresholds. 8. Give an example of an independent contractor policy element that creates liability. 9. State how attorney-client privilege is preserved during internal investigations. 10. Describe how to respond to EEOC charges. 11. Describe the proper geographic scope of a non-compete agreement. 12. State the legal implications of accommodating users of medical marijuana in the workplace. 13. Give an example of an ethical issue for employment law attorneys. Field(s) of Study -- Personnel/Human Resources; Regulatory Ethics.

Society for Human Resource Management

N SHRM: 12.00
NBI, Inc. is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 12.0 PDCs for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.


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