Live Seminar

Employment Law: 2018 Comprehensive Guide

Seminar

Date:

Wednesday, June 06, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

79137ER

Location:

Doubletree Hotel San Diego Downtown

1646 Front Street

San Diego, CA 92101

$359.00

$349 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • CA 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 Don't rely on outdated information; utilize the latest best practices that not only protect employers from costly litigation and penalties but also effectively manage employees -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.
  • Properly execute performance reviews and know how to utilize them during a wrongful termination case.
  • 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. 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

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 - 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.

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

CA CLE: 6.00
This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 6.0 hours, of which 0.0 hour will apply to legal ethics. 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.


Human Resource Certification Institute

Credit Logo
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

Credit Logo
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. State from recall best practices for drafting and negotiating settlement agreements during employment disputes. 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 handle accommodation requests. 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.

National Association of State Boards of Accountancy

Credit Logo
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

Credit Logo
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