Audio CD + Course Book

Employment Law: 2018 Comprehensive Guide

Audio CD + Course Book

Copyright Date:

February, 2018

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Audio + Course Book

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From Event: Employment Law: 2018 Comprehensive Guide, held February 2018.

Program Description

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 resource will 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 Don't rely on outdated information; utilize the latest best practices that not only protect employers from costly litigation and penalties but also effectively manage employees - order today!

Course Content

  1. FMLA, ADA and Workers' Compensation: Managing Leave of Absence Issues
  2. Dealing with the Troubled/Troubling Employee
  3. Drafting Must-Have Policies for Today's Handbooks
  4. Avoiding Wage and Hour Violations
  5. Monitoring Employees: Privacy Issues and Employer Risks
  6. Ethical Issues in Employment Law
  7. Utilizing Alternative Dispute Resolution Tactics in Employment Matters

Continuing Education Credit

Continuing Legal Education

Credit Hrs State Credit Approval Expiration
CLE 6.00 IL * 02/20/2020
CLE 6.00 MO 02/21/2020

* denotes specialty credits

Agenda / Content Covered

  1. FMLA, ADA and Workers' Compensation: Managing Leave of Absence Issues
    9:00 - 9:50, Christie L. Swick
    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
  2. Dealing With the Troubled/Troubling Employee
    10:05 - 10:55, Christi L. Swick
    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
  3. Drafting Must-Have Policies for Today's Handbooks
    10:55 - 11:45, Michael S. Powers
    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
  4. Avoiding Wage and Hour Violations
    12:45 - 1:35, Brian O'Neal
    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
  5. Monitoring Employees: Privacy Issues and Employer Risks
    1:35 - 2:25, Martine Jackson
    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. Ethical Issues in Employment Law
    2:40 - 3:40, David O. Kreuter
    1. Key Rules of Professional Conduct
    2. Confidentiality
    3. Privileged Communications
    4. Identifying and Avoiding Conflicts of Interest
  7. Utilizing Alternative Dispute Resolution Tactics in Employment Matters
    3:40 - 4:30, Patrick M. Sanders
    1. When to Utilize ADR in Lieu of Litigation
    2. Internal vs. External ADR Policies
    3. Mediation, Conciliation and Arbitration
    4. Drafting and Negotiating the Settlement Agreement

MARTINE JACKSON is a managing partner with Rhode & Jackson, P.C., located in Carbondale, Illinois. She is licensed to practice in all Illinois state and some federal courts. Her firm concentrates in employment, litigation, and general business law. Ms. Jackson counsels clients on how to manage their workforce in compliance with applicable equal opportunity, wage and hour, discrimination and disability laws. Her focus and accomplishments in economic development afforded her the Illinois Governor’s nomination to represent the state of Illinois at the Delta Leadership Institute 2008 - 2009 Executive Academy, as well as the induction into the Southern Illinois University College of Business Hall of Fame in 2010. Ms. Jackson earned her combined Juris Doctorate and Masters of Business Administration degree from Southern Illinois University. Her undergraduate degree in international business administration is from Pace University, New York. Ms. Jackson holds certificates in mediation and conflict management in the workplace from DePaul University. She is a member of the Illinois State Bar Association and a former member of the Association for Conflict Resolution, as well as the National Association of College & University Attorneys.

DAVID O. KREUTER is a partner in the St. Louis law firm of Kreuter & Gordon, P.C., where he practices in the areas of business litigation, family law, labor law and municipal law. Mr. Kreuter is formerly a member of the City Council for the city of Creve Coeur for 20 years, until he was term-limited. He is presently a member of the Board of Directors for the Creve Coeur Fire Protection District. Mr. Kreuter is also a member of the Bar Association of Metropolitan St. Louis and The Missouri Bar. He earned his B.A. and J.D. degrees from the University of Notre Dame. Mr. Kreuter is a member of Phi Beta Kappa and has spoken for various professional groups on his areas of practice.

BRIAN O'NEAL is a partner with McMahon Berger, PC, where he represents the interest of management in all areas of labor and employment law. His employment practice includes all facets of employment law, including employment discrimination claims under Title VII and the Missouri Human Rights Act, the Americans with Disabilities Act, and the Family and Medical Leave Act. Mr. O'Neal is involved in litigating employment discrimination claims as well as investigating and responding on behalf of management to employee claims before administrative agencies. In addition, he advises clients on employment-related matters such as employment contracts and daily human resources issues. Mr. O'Neal is a member of The Missouri Bar, the Illinois State Bar Association, and the Bar Association of Metropolitan Saint Louis. He was recognized as a Missouri/Kansas Super Lawyers Rising Star. Mr. O'Neal earned his B.A. degree, magna cum laude, from Rockhurst University, and his J.D. degree from Saint Louis University.

MICHAEL S. POWERS represents the interests of management in all facets of labor & employment law. Prior to joining McMahon Berger, PC, Mr. Powers practiced at a prestigious defense litigation firm in Kansas City, Missouri. In that practice he represented doctors and hospitals in medical malpractice actions, as well as practicing all aspects of general business litigation. Mr. Powers' practice involves all aspects of employment and labor law, with a focus on employment litigation. This includes litigating claims of discrimination under the Missouri Human Rights Act, Title VII, the Americans with Disabilities Act and the Family and Medical Leave Act. Mr. Powers is a member of the Missouri Bar, Kansas Bar, Human Resource Management Association of Greater St. Louis, as well as the Kansas City Metropolitan Bar Association. He earned his undergraduate degree from Truman State University, followed by earning His J.D. from the University of Missouri, Kansas City.

PATRICK M. SANDERS is of counsel in the St. Louis office of SmithAmundsen LLC. With decades of experience practicing labor and employment law, Mr. Sanders fully understands both the workers' and the employer’s perspective. He assists clients facing labor and employment matters in arbitration and mediation. Mr. Sanders’ broad experience includes collective bargaining negotiations, union organizational campaigns, wrongful discharge accusations, employment discrimination claims and the resolution of safety and health issues. He is a member of The Missouri Bar; Bar Association of Metropolitan St. Louis; Association of Corporate Counsel, Labor & Employment Law Committee; National Automobile Dealers Association; and the Missouri Automobile Dealers Association. Mr. Sanders is also a member of the American Bar Association: National Employer co-chair, Labor & Employment Law Section; and ADR, Labor & Employment Law Committee, 2006-2009. He earned his B.S. degree from Saint Louis University followed by earning his J.D. degree from St. Mary's University School of Law.

CHRISTI L. SWICK is an attorney and counsel in the St. Louis office of Sandberg Phoenix & von Gontard P.C., where she offers firm clients 15 years of experience in a broad range of labor issues, having litigated labor and employment matters in state and federal courts, arbitration proceedings and unfair labor practice charges with the Illinois Educational Labor Relations Board. Ms. Swick has extensive experience in counseling clients in labor and employment issues, focusing on preventing disputes by drafting effective policies, job descriptions and evaluations and frequently delivers presentations on mitigating litigation risks to her clients. Ms. Swick has extensive knowledge of disability-related employment issues such as ADA, FMLA and workers’ compensation, as well as wage and hour law. She is a member of the Human Resource Management Association of Greater St. Louis, American Bar Association, the Bar Association of Metropolitan St. Louis, the Illinois State Bar Association, the Illinois Association School Boards COSA member and the National Council of School Attorneys. Ms. Swick earned her J.D. degree from Saint Louis University School of Law and her B.A. degree, cum laude, from the University of Missouri.

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Accreditation Details:

Continuing Legal Education

IL CLE: 6.00 Credit Approval Exp
Includes - Ethics: 1.00
This program has been approved by the Illinois MCLE Board for 6.0 hours of recorded technology CLE credit, which includes approval for 1.0 hour of legal ethics CLE credit by the Illinois Supreme Court Commission on Professionalism.

MO CLE: 6.00 Credit Approval Exp
NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for up to 6.0 self-study CLE credit hours. No more than 6.0 hours of self-study CLE credit may be earned during a reporting period. Attorneys may not earn ethics credit with self-study.

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