Live Seminar

Employment Law: 2018 Comprehensive Guide

Seminar

Date:

Wednesday, February 28, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78342ER

Location:

SpringHill Suites by Marriott Birmingham Downtown at UAB

2024 4th Avenue South

Birmingham, AL 35233

$349.00

$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • AL CLE - 6.00

CPE for Accountants

  • CPE for Accountants/NASBA - 7.00

Other

  • Certified Payroll Professional - 6.00
  • HRCI - 6.00
  • IACET - 0.60
  • PACE - 7.00
  • SHRM CP/SCP - 6.00

Program Description

Know Human Resource Best Practices to Ensure Employer Compliance and Mitigate Potential Liabilities

The success or failure of a business is directly linked to the employees, and it's crucial that human resource personnel legally manage labor and employment policies, documents and employee procedures to ensure compliance with federal and state laws. The regulatory landscape of employment law is constantly evolving; this program will swiftly get you up to date on handbook must-haves, wage and hour requirements, employee leave policies, and hot-button issues related to social media usage and employee monitoring. Don't rely on outdated information; utilize the latest best practices that not only protect employers from costly litigation and penalties but also effectively manage employees - register today!

  • Know what a handbook should and shouldn't contain by exploring the advantages and pitfalls of various policies.
  • Understand how to put a records retention and destruction policy in place that protects both paper and electronic files.
  • Avoid inadvertent FLSA violations by properly classifying exempt and non-exempt employees.
  • Confidently navigate the intersections of FMLA, the ADA and state workers' compensation laws.
  • Be able to appropriately accommodate a disabled employee and know what sort of laws protect against discrimination.
  • Review hot-button issues related to social media and employee monitoring - know if and when you are violating employee privacy rights.
  • Identify best practices for drafting and negotiating settlement agreements during employment disputes.

Who Should Attend

This basic-to-intermediate level seminar examines the current issues in employment law for:

  • Attorneys
  • HR Personnel
  • Accountants
  • Presidents and Vice Presidents

Course Content

  1. Drafting Must-Have Policies for Today's Handbooks
  2. Putting in Place Document Retention Programs
  3. Avoiding Wage and Hour Violations
  4. FMLA, ADA and Workers' Compensation: Managing Leave of Absence Issues
  5. Monitoring Employees: Privacy Issues and Employer Risks
  6. Dealing with the Troubled/Troubling Employee

Continuing Education Credit

Certified Payroll Professionals – Certified Payroll Professional: 6.00

Continuing Legal Education – CLE: 6.00

Human Resource Certification Institute – HRCI: 6.00

International Association for Continuing Education Training – IACET: 0.60

National Association of State Boards of Accountancy – CPE for Accountants/NASBA: 7.00 *

Professional Achievement in Continuing Education – PACE: 7.00

Society for Human Resource Management – SHRM CP/SCP: 6.00


* denotes specialty credits

Agenda / Content Covered

  1. Drafting Must-Have Policies for Today's Handbooks
    9:00 - 10:00, Yvonne N. Maddalena
    1. Why Employee Handbooks and Policies are Important
    2. Complying with the NLRB's Newest Requirements
    3. When and How Often to Update Handbooks
    4. Examples and Drafting Tips for Safeguarding Against Liability
      1. Employee Disciplinary Procedures
      2. Social Media and Computer Use
      3. Drug Use and Drug Testing
      4. Employee Confidentiality and Privacy
      5. Sexual Harassment and Workplace Bullying
    5. Appropriately Formatting, Organizing and Distributing Handbooks
  2. Putting in Place Document Retention Programs
    10:15 - 11:15, Kary Bryant Wolfe
    1. Legally Required Retention Periods
    2. Records Inventory and Appraisal
    3. Determining a Manageable Retention Schedule
    4. Electronic Records Management Issues: Privacy, Security, Backups and the Challenges in Addressing New Technologies
    5. Being Prepared to Efficiently Respond to Document Requests
    6. Best Practices for Creating Records Destruction Policies and Procedures
      1. Identifying What Can and Should be Destroyed
      2. Paper vs. Electronic Records
  3. Avoiding Wage and Hour Violations
    11:15 - 12:15, Jeffrey G. Miller
    1. Wage and Hour Updates: Understanding Critical Essentials
    2. State Wage and Hour Statutes
    3. The Fair Labor Standards Act
    4. Properly Identifying Exempt vs. Non-Exempt Employees
    5. Calculating Overtime, Unpaid Overtime and Pre-Work Time
    6. Reducing "Off-the-Clock" Exposures
    7. Independent Contractor Classifications
    8. Department of Labor (DOL) Enforcement Initiatives
    9. Case Law Update
  4. FMLA, ADA and Workers' Compensation: Managing Leave of Absence Issues
    1:15 - 2:15, Jeffrey G. Miller
    1. Family and Medical Leave Laws
      1. FMLA and Other Laws You Need to Know
      2. Covered Employers and Eligible Employees
      3. Special Considerations for Intermittent Leave
      4. Qualifying Reasons for Leave
      5. Notice of Obligations
      6. Reinstatement and Other Employee Rights
    2. Disability Laws
      1. The ADAAA and Other Laws You Need to Know
      2. How to Interpret "Disability"
      3. Shifting the Burden to the Employer
      4. Appropriately Handling Accommodation Requests
    3. Workers' Compensation Programs
      1. Workers' Compensation Claim Forms
      2. Temporary vs. Permanent Total Disability Benefits
      3. Establishing Return to Work Programs
    4. Navigating the Intersections of FMLA, ADA and Workers' Compensation
  5. Monitoring Employees: Privacy Issues and Employer Risks
    2:15 - 3:15, Victoria J. Franklin-Sisson
    1. Using Social Media in the Hiring Process
    2. Searching Desks, Smartphones, Lockers, Vehicles, Equipment, etc.
    3. Monitoring Employee Communications: Calls, E-mail and Internet Use
    4. Dress Code/Personal Appearance - What Can You Regulate?
    5. Drug and Alcohol Testing
    6. Workplace Violence - Preventing and Protecting
    7. Off-Duty Behavior and Activities
  6. Dealing With the Troubled/Troubling Employee
    3:30 - 4;30, Victoria J. Franklin-Sisson
    1. Evaluating Employee Performance
    2. Employee Discipline Plan and Proper Documentation
    3. Legal vs. Illegal Reasons for Termination
    4. Retaliation Claims and Employee Discipline
    5. Negotiating Severance Packages and Separation Pay
    6. Compliance Exit Interviews: Documents and Disclaimers

VICTORIA J. FRANKLIN-SISSON is in private practice in Birmingham, Alabama. Her primary areas of practice include labor and employment law, appellate practice, and litigation. She frequently lectures on all types of law, including employment issues and social media law. Ms. Franklin-Sisson is a member of the Alabama State Bar and the Birmingham Bar Association. She is admitted to practice before all state and federal courts in Alabama, the Eleventh Circuit Court of Appeals, the U.S. Court of Appeals for the Federal Circuit, and the U.S. Supreme Court. Ms. Franklin-Sisson earned her A.B. degree, with honors, from Harvard University and J.D. degree from Duke University.

YVONNE N. MADDALENA is of counsel at Jackson Lewis P.C., in their Birmingham, Alabama office. Ms. Maddalena practices in the areas of litigation and litigation avoidance, particularly related to issues involving harassment, discrimination, retaliatory discharge, and non-compete and non-disclosure matters. She has practiced all aspects of litigation in state and federal courts at the trial and appellate levels. Ms. Maddalena graduated with her B.S. degree from Samford University and she earned her J.D. degree from the University of Alabama School of Law. She is a member of the Alabama State Bar, the American Bar Association and the Birmingham Bar Association.

JEFFREY G. MILLER serves as counsel with Carr Allison and practices in the firm's Birmingham, Alabama office. He has more than 15 years of experience practicing law, both with a private law firm and formerly as an in-house counsel. Mr. Miller is admitted to practice in all state and federal courts in Alabama, and is a frequent speaker and author for various labor and employment law seminars and publications. He earned his B.S. degree from Birmingham-Southern College and his J.D. degree from Cumberland School of Law at Samford University. Mr. Miller has a great deal of experience in counseling employers on their rights and obligations when confronted with employee disputes and under myriad employment laws, and in representing employers in litigation throughout Alabama and in administrative proceedings before the Equal Employment Opportunity Commission. He serves as part of Carr Allison’s transportation law department, and frequently represents motor carriers who are faced with truck accident claims. This representation includes initial, pre-litigation rapid response investigation with regard to accidents, efforts to preserve evidence, and assessment of risks and potential exposure. Mr. Miller also aggressively defends motor carriers, and often times their drivers, against accident claims in litigation in state and federal courts throughout Alabama.

KARY BRYANT WOLFE is an attorney at Jones Walker LLP. Ms. Wolfe is special counsel in the firm's business & commercial litigation practice group and practices from the firm's Birmingham office. She practices in the areas of employment law and general litigation; and her experience includes the representation of employers in the banking, fabrication and assembly, real estate development, mining, retail, government, and service industries. Ms. Wolfe earned her B.S. degree, cum laude, from Samford University; and her J.D. degree, magna cum laude, from Cumberland School of Law, Samford University where she was Order of the Coif and an associate editor of the Cumberland Law Review. She is a member of the Alabama State Bar, American and Birmingham bar associations and the Society for Human Resources Management.

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: 6.00
This program may qualify for 6.0 RCHs for Certified Payroll Professionals.


Continuing Legal Education

AL CLE: 6.00
This course or a portion thereof has been approved by the Alabama State Bar Mandatory Continuing Legal Education Commission for a maximum of 6.0 credit hours, including 0.0 ethics credits.


Human Resource Certification Institute

N HR: 6.00
“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 6.0 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: 0.60
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 0.6 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. State from recall what a handbook should and should not contain. 2. Explain how to put a records retention and destruction policy in place that protects both paper and electronic files. 3. List three ways to avoid inadvertent FLSA violations. 4. Describe how to appropriately handle accommodation requests. 5. Identify the hot-button issues related to social media usage and employee monitoring. 6. List techniques to properly execute performance reviews and know how to utilize them during a wrongful termination case.

National Association of State Boards of Accountancy

N NAS: 7.00 Includes - Personnel/Human Resources: 7.00
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 7.0 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 a basic to intermediate level program presented in a group live setting. Accountants should have a basic understanding of labor and employment policies. Upon completion of this course, attendees should be able to: 1. Describe the impact recent legislative changes have had on employer compliance requirements. 2. State from recall what a handbook should and should not contain. 3. Explain how to put a records retention and destruction policy in place that protects both paper and electronic files. 4. List three ways to avoid inadvertent FLSA violations. 5. Describe how to appropriately accommodate a disabled employee. 6. Identify the hot-button issues related to social media usage and employee monitoring. 7. List techniques to properly execute performance reviews and know how to utilize them during a wrongful termination case. 8. State from recall best practices for drafting and negotiating settlement agreements during employment disputes. Field(s) of Study -- Personnel/Human Resources.

Professional Achievement in Continuing Education

N PACE: 7.00
This seminar qualifies for 7.0 PACE (Professional Achievement in Continuing Education) credit hours for CLU.


Society for Human Resource Management

N SHRM: 6.00
NBI, Inc. is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 6.0 PDCs for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.


Can't Attend?
Purchase the Recording.

Questions


How To Order

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