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#:

78802ER

Location:

Radisson Lackawanna Station Hotel

700 Lackawanna Avenue

Scranton, PA 18503

$575.00

$565 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • NJ CLE - 14.40
  • NY CLE - 14.00
  • PA 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.
  • 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. 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

Certified Payroll Professionals – Certified Payroll Professional: 12.00

Continuing Legal Education

Credit Hrs State
CLE 14.40 -  NJ*
CLE 14.00 -  NY*
CLE 12.00 -  PA*

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 - 10:30, 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:

Certified Payroll Professionals

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


Continuing Legal Education

NJ CLE: 14.40 Includes - Ethics: 1.20
This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 14.4 hours of total CLE credit. Of these, 1.2 qualify as hours of credit for ethics/professionalism.


NY CLE: 14.00 Includes - Areas of Professional Practice: 13.00, Ethics: 1.00
This course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 14.0 credit hours. 13.0 hours can be applied to the Areas of Professional Practice requirement and 1.0 hour can be applied toward the ethics and professionalism requirement. This live format program is appropriate for experienced attorneys.


PA CLE: 12.00 Includes - Ethics: 1.00
This program has been approved by the Pennsylvania Continuing Legal Education Board for a total of 12.0 hours, including 11.0 hours of substantive law, practice and procedure CLE credit and 1.0 hour of ethics, professionalism or substance abuse CLE credit.


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. Give an example of something that makes an arbitration clause unenforceable. 6. Describe how to navigate FLSA salary thresholds. 7. Give an example of an independent contractor policy element that creates liability. 8. State how attorney-client privilege is preserved during internal investigations. 9. Describe how to respond to EEOC charges. 10. Describe the proper geographic scope of a non-compete agreement. 11. Give an example of an ethical issue for employment law attorneys.

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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Web: Order Now
Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
Eau Claire, WI 54702