Audio CD + Course Book

Advanced Employment Law: What You Need to Know

Audio CD + Course Book

Copyright Date:

April, 2018

Product ID#:

78802CDRA

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. Enforceability of Mandatory Arbitration Clauses

DAY TWO

  1. The FLSA
  2. Independent Contractors: Detecting Employer Missteps
  3. Internal Investigations and Attorney-Client Privilege: How it is Preserved or Refuted
  4. Responding to EEOC and State Agency Charges
  5. Non-Compete, Non-Solicit and Confidentiality Agreements
  6. Ethical Issues in Employment Law

Continuing Education Credit

Continuing Legal Education

Credit Hrs State Credit Approval Expiration
CLE 14.00 NY * 04/17/2020
CLE 12.00 PA * 04/17/2020

* denotes specialty credits

Agenda / Content Covered

DAY ONE

  1. LGBT/Sexual Orientation Discrimination: Navigating the Changing Legal Landscape
    9:00 - 10:30, John S. Harrison
    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.
    10:45 - 12:00, John S. Harrison
    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
    1:00 - 2:00, A. James Hailstone
    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
    2:00 - 3:15, A. James Hailstone
    1. Undue Hardship and Unreasonable Accommodations
    2. Fitness for Duty Tests: Weighing Legal Options
    3. Direct Threat - What Does it Mean?
  5. Enforceability of Mandatory Arbitration Clauses
    3:30 - 4:30, Andrew W. Barbin

DAY TWO

  1. The FLSA
    9:00 - 10:00, R. Michael Carr
    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
    10:00 - 11:00, R. Michael Carr
    1. Interpreting Recent Guidance
    2. Indicators That Scream "Independent Contractor"
    3. Independent Contractor Policies That Create Liabilities
  3. Internal Investigations and Attorney-Client Privilege: How it is Preserved or Refuted
    11:15 - 12:00, Andrew W. Barbin
    1. Business Purposes vs. Legal Advice
    2. Analyzing Investigation Policies and Procedures
    3. Attorney Oversight of Investigations
    4. Documenting Investigation Legal Purpose
  4. Responding to EEOC and State Agency Charges
    1:00 - 2:15, Andrew W. Barbin
    1. Evaluating the Claim
    2. Charge Investigation Best Practices
    3. Document and Computer Evidence Retention
    4. Position Statements as Potential Evidence in Litigation
  5. Non-Compete, Non-Solicit and Confidentiality Agreements
    2:30 - 3:30, Andrew W. Barbin
    1. Geographic Scope
    2. Duration of Agreement
    3. Restricted Activities
    4. Hiring Employees with an Agreement: Assessing Liabilities
  6. Ethical Issues in Employment Law
    3:30 - 4:30, Andrew W. Barbin
    1. Key Rules of Professional Conduct
    2. Confidentiality
    3. Privileged Communications
    4. Identifying and Avoiding Conflicts of Interest

ANDREW W. BARBIN is the sole shareholder of the firm Andrew W. Barbin, P.C., in Mechanicsburg. He focuses his practice in the areas of employment, defamation, construction, general business law, ethics matters and complex litigation. Mr. Barbin also provides litigation support services to general practice attorneys in complex matters statewide. He is admitted to practice in the state and federal courts of Pennsylvania and Ohio, before the Third Circuit Court of Appeals, and has appeared pro hac vice in the courts of California, New York, New Jersey, and Maryland. Mr. Barbin earned a B.A. degree from the University of Richmond and his J.D. degree from the University of Akron in Ohio.

R. MICHAEL CARR is an attorney in the law firm of Stevens & Lee P.C., in the firm’s Lehigh Valley office, where he concentrates his practice on labor and employment matters, representing management in the defense of age, sex and disability discrimination cases. He has principal responsibility for the negotiation of numerous collective bargaining agreements, including agreements with the Teamsters, SEIU and construction unions. Mr. Carr routinely handles disputes involving picketing, unfair labor practices and injunctions. He was named a Pennsylvania Super Lawyer by Pennsylvania Super Lawyers magazine, from the publishers of Philadelphia magazine and by Law & Politics magazine. Mr. Carr has been listed in Best Lawyers in America for many years. Mr. Carr was a contributing author to “Complying with the Americans with Disabilities Act,”:"OSHA Compliance Update in Pennsylvania,""Basic Wage and Hour Law in Pennsylvania," "Defending Wrongful Discharge Claims Under Pennsylvania Law," "Pennsylvania Labor and Employment Law," and “Selecting and Terminating Employees in Pennsylvania" published by National Business Institute. His speaking engagements include “Conquering Payroll Issues Under Pennsylvania and Federal Law," "Payroll Basics in Pennsylvania," "What Employers Need to Know About Employment Records,” “Time Off and the FMLA," "Employee Discharge and Documentation," "13th Annual Pennsylvania Personnel Law Update," "Basic Wage and Hour Law in Pennsylvania" and National Business Institute’s Law Review Series. Mr. Carr is a member of the Northampton County (past chair of the Labor Law Committee) and Pennsylvania bar associations. He earned his A.B. degree from Princeton University and his J.D. degree from Temple University.

A. JAMES HAILSTONE is an attorney with Kreder Brooks Hailstone LLP, where his areas of practice includes business and corporate law, family law, civil and business litigation, real estate and title insurance, as well as state, local, and municipal law. Mr. Hailstone is admitted to practice in Pennsylvania; the U.S. District Court, Middle District of Pennsylvania; the U.S. District Court, Eastern District of Pennsylvania; and the U.S. Court of Appeals, 3rd Circuit. He is a member of the Pennsylvania and Lackawanna County bar associations, the Lackawanna Industrial Fund Enterprise (an Affiliate of Greater Scranton Chamber of Commerce), the Northeastern Pennsylvania Center for Independent Living, and the Scranton Public Library. He has also lectured for the Pennsylvania County Commissioners Association. Mr. Hailstone earned his B.A. degree from the University of Scranton and his J.D. degree from The Dickinson School of Law.

JOHN S. HARRISON is a partner in the law firm of Broughal & DeVito LLP, where he focuses his practice in general civil and trial practice and employment law. He was admitted to the Pennsylvania Bar in 1988. Mr. Harrison earned his B.A. degree from the University of Pennsylvania and his J.D. degree, with honors, from George Washington University. He is a member of the Lehigh County, Northampton County and Pennsylvania bar associations. He also is a member of the Board of Trustees for the Bethlehem YMCA.

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:

Continuing Legal Education

NY CLE: 14.00 Credit Approval Exp
04/17/2020
Includes - Areas of Professional Practice: 13.00, Ethics: 1.00
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. 13.0 hours can be applied to the Areas of Professional Practice requirement and is approved for experienced attorneys. 1.0 hour can be applied toward the ethics and professionalism requirement and is approved for experienced attorneys.


PA CLE: 12.00 Credit Approval Exp
04/17/2020
Includes - Ethics: 1.00
This program has been approved by the Pennsylvania Continuing Legal Education Board. This program may qualify for up to 12.0 hours of distance learning credit, including 11.0 hours of substantive law, practice and procedure CLE credit and 1.0 hour of ethics, professionalism or substance abuse distance learning CLE credit. No more than 6.0 hours of distance learning CLE credit may be earned during a reporting period.


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