Audio CD + Course Book

Employment Law: 2018 Comprehensive Guide

Audio CD + Course Book

Copyright Date:

June, 2018

Product ID#:


Audio + Course Book

Credit Information

Continuing Legal Education

  • CA CLE - 6.00
From Event: Employment Law: 2018 Comprehensive Guide, held June 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 Don't rely on outdated information; utilize the latest best practices that not only protect employers from costly litigation and penalties but also effectively manage employees -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. Drafting Must-Have Policies for Today's Handbooks
  2. Utilizing Alternative Dispute Resolution Tactics in Employment Matters
  3. Putting in Place Document Retention Programs
  4. Avoiding Wage and Hour Violations
  5. FMLA, ADA and Workers' Compensation: Managing Leave of Absence Issues
  6. Monitoring Employees: Privacy Issues and Employer Risks
  7. Dealing with the Troubled/Troubling Employee

Continuing Education Credit

Continuing Legal Education – CLE: 6.00 CA - Credit Approval Expiration 06/06/2020

* denotes specialty credits

Agenda / Content Covered

  1. Drafting Must-Have Policies for Today's Handbooks
    9:00 - 9:45, Kelly D. Gemelli
    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. Utilizing Alternative Dispute Resolution Tactics in Employment Matters
    9:45 - 10:30, Kelly D. Gemelli
    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
  3. Putting in Place Document Retention Programs
    10:45 - 11:45, Jennifer P. Suberlak
    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
  4. Avoiding Wage and Hour Violations
    12:45 - 1:45, Brandon D. Saxon
    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. FMLA, ADA and Workers' Compensation: Managing Leave of Absence Issues
    1:45 - 2:45, Jennifer P. Suberlak
    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
  6. Monitoring Employees: Privacy Issues and Employer Risks
    3:00 - 3:45, Jack M. Sleeth Jr.
    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
  7. Dealing With the Troubled/Troubling Employee
    3:45 - 4:30, Brandon D. Saxon
    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

KELLY D. GEMELLI is of counsel with the San Diego, California, office of Jackson Lewis P.C. Ms. Gemelli represents employers in all areas of employment law and has litigated a broad range of employment matters. Her experience includes discrimination and harassment suits on the basis of age, race, national origin, gender, and disability; leave issues, non-competition and non-solicitation agreements; retaliation claims; and wage and hour claims. Ms. Gemelli is well-versed in matters that arise under Title VII, the Americans with Disabilities Act, Paid Family Leave, Family and Medical Leave, Pregnancy Disability Leave, and various California state employment-related laws. She regularly appears in state and federal courts and has handled administrative charges before state and federal administrative agencies. Additionally, she has defended numerous wage and hour claims and has conducted wage and hour audits for her clients. Ms. Gemelli provides training seminars on a variety of employment topics. She has presented and trained professional groups in specialized areas of employment law, including workplace investigations, workplace violence, workplace accommodations, leaves, wage and hour, e-discovery, sexual harassment, effective management, and anti-harassment and sensitivity in the workplace. Ms. Gemelli received her B.A. degree from Indiana University and her J.D. degree from the University of San Diego School of Law. She is a member of the Lawyers Club of San Diego, cochair of the Work/Life Management Committee; San Diego County Bar Association; and the Society for Human Resource Management.

BRANDON D. SAXON is a partner with the employment and environmental practice groups in the San Diego office of Gordon & Rees LLP. His practice focuses on a wide range of civil litigation matters, including the defense of companies and employers in environmental and employment related actions. Mr. Saxon has litigated a number of matters to successful resolution in both state and federal courts, and has experience in a variety of heavily regulated practice areas. The San Diego Daily Transcript honored him as among the top young attorneys in San Diego, calling him a "rising talent in San Diego County's courtrooms." Mr. Saxon served as an extern for the Honorable John L. Kane, Senior Judge with the United States District Court for the District of Colorado. He is a member of the Louis M. Welch Inn of Court and the San Diego Bar Association. Mr. Saxon earned his B.A. degree from Boston College and his J.D degree from the University of Denver’s Sturm College of Law.

JACK M. SLEETH JR. is a partner in the San Diego law firm of Artiano Shinoff where he primarily focuses his practice on public entity and education law. He has extensive experience in the representation of public entities, education and private business clients on issues involving school law, special education, police officer rights, employment law, civil rights, personal injury, and automobile negligence. Mr. Sleeth is an experienced trial attorney and handles appeals in state and federal courts. He has a strong background in first amendment issues, including religion in schools, freedom of speech, civil rights, and discrimination. Mr. Sleeth also provides school districts with advice concerning certificated and classified personnel, collective bargaining issues, charter schools, and the Brown and Public Records Acts. He is currently a member of the San Diego County Bar Association and the San Diego Defense Lawyers Association. Mr. Sleeth earned his B.A. degree from Chapman College and his J.D. degree from California Western School of Law.

JENNIFER P. SUBERLAK is an attorney with the law firm of Pettit Kohn Ingrassia Lutz & Dolin PC, where her practice focuses on employment and labor defense. Ms. Suberlak attended the University of California Los Angeles, graduating summa cum laude, where she earned her B.A. degree in anthropology. She earned her J.D. degree at the University of California Los Angeles School of Law. While attending law school, Ms. Suberlak was the chief managing editor of the Women’s Law Journal. Additionally, she served as a judicial extern for the Honorable Richard L. Fruin, Jr., of the Los Angeles County Superior Court. Ms. Suberlak is a member of the San Diego County Bar Association and the State Bar of California.

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Accreditation Details:

Continuing Legal Education

CA CLE: 6.00 Credit Approval Exp
This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California and may qualify for up to 6.0 hours of self-study credit, of which 0.0 hour will apply to legal ethics self-study credit. NBI, Inc. certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NBI, Inc. is a State Bar of California approved MCLE provider - #53.

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