Agenda / Content Covered

1. Drafting Must-Have Policies for Today's Handbooks
   9:00 - 9:50, Written and Presented by R. Michael Carr in Allentown and Samantha Banks and Jo Bennett in Philadelphia.
   
   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
   10:05 - 10:55, Written and Presented by Timothy M. Kolman in Allentown and Philadelphia.
   
   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
   10:55 - 11:45, Written and Presented by R. Michael Carr in Allentown and Christopher Curci in Philadelphia.
   
   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
   12:45 - 1:35, Written and Presented by Angela A. Cronk in Allentown and Paul J. Sopher in Philadelphia.
   
   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
   1:35 - 2:25, Written and Presented by Anna Darpino in Allentown and Robert W. Small in Philadelphia.
   
   1. Using Social Media in the Hiring Process
   2. Searching Desks, Smartphones, Lockers, Vehicles, Equipment, etc.
   3. Monitoring Employee Communications: Calls, Email 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
   2:40 - 3:30, Written and Presented by Mark T. Sottile in Allentown and Mariellen Bello in Philadelphia.
   
   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
7. Utilizing Alternative Dispute Resolution Tactics in Employment Matters
   3:30 - 4:30, Written and Presented by George S. Kounoupis in Allentown and Mary-Jo Rebelo in Philadelphia.
   
   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

SAMANTHA BANKS is an attorney with Schnader Harrison Segal & Lewis LLP, in the Litigation Services Department, and a member of the labor and employment practice group; class action practice group; and the internal investigations, ethics, and compliance practice group. Ms. Banks has litigated a broad range of cases in state and federal courts, including employment discrimination and harassment claims, wage claims, breach of contract claims, workers’ compensation coverage disputes, and complex commercial litigation. She is a graduate from Villanova University School of Law and Lehigh University. (Philadelphia location)

MARIELLEN BELLO is an attorney with the law firm of Susanin, Widman & Brennan, P.C. She has practiced for more than 27 years, primarily in the areas of ERISA, employment law litigation and counseling (including EEOC and state agency proceedings), wage and hour, family leave, ADA accommodations, and unemployment compensation. Ms. Bello has also provided training to numerous organizations regarding avoidance of racial, ethnic, and sexual harassment in the workplace; spoken regarding social media and hiring concerns; and written numerous employer policy manuals. She earned her B.A. degree from Ursinus College and her J.D. degree, cum laude, from Temple University School of Law, where she was a Law Review editor. Ms. Bello also volunteers her time to represent abused children with the Montgomery County Child Advocacy Project. She is a member of the Pennsylvania and New Jersey State bar associations, and numerous federal district and appeal courts. (Philadelphia location)

JO BENNETT is a partner with Schnader Harrison Segal & Lewis LLP. She advises employers in all aspects of labor and employment law, including compliance and strategies for avoiding litigation. Ms. Bennett represents organizations in administrative and court proceedings involving state and federal anti-discrimination statutes, wage and hour disputes, and compliance audits. Her clients span a range of industries, including financial services, health care, pharmaceuticals, and higher education. Additionally, she assists federal contractors across the United States with equal employment opportunity and affirmative action compliance, including the preparation, management, and defense of affirmative action programs. Ms. Bennett regularly counsels clients on best practices in recruiting, interviewing and hiring; compensation; policy and procedures development and implementation; and discrimination testing. She conducts workplace and non-workplace conduct investigations, and provides training to clients and professionals on labor and employment issues. Ms. Bennett is admitted to practice in Pennsylvania and New Jersey, and before the U.S. Court of Appeals for the Third Circuit and Fourth Circuit; the U.S. District Court for the Eastern, Middle, and Western districts of Pennsylvania; and the U.S. District Court of the District of New Jersey. She earned her B.A. degree, summa cum laude, from Western Kentucky University and her J.D. degree, cum laude, from Temple University Beasley School of Law. (Philadelphia location)

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 the 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. (Allentown location)

ANGELA A. CRONK is an attorney with Burns White LLC, where she concentrates her practice in litigation, including employment law, insurance defense, creditors’ rights/bankruptcy, financial institution litigation, and landlord remedies. In the area of employment law, Ms. Cronk regularly defends employers facing claims involving race, sex, age, harassment and disability discrimination. She also handles the defense of multi-plaintiff employment actions. Ms. Cronk is a member of the American Bar Association, the Pennsylvania Bar Association, and the Montgomery County Bar Association. She graduated from Hollins College, and earned her Juris Doctor degree from the Duquesne University School of Law. During her law school career, Ms. Cronk interned for the Honorable Lawrence W. Kaplan of the Allegheny County Court of Common Pleas, Family Division. (Allentown location)

CHRISTOPHER CURCI is a partner with Ward Law LLC, in Philadelphia, Pennsylvania. Mr. Curci defends employers in all types of employment-related litigation, including Title VII; ADA; ADEA; FMLA; FLSA; ERISA; PHRA; NJ LAD; NLRA; OSHA; wage and hour; wrongful termination; and non-compete, non-solicitation and confidentiality agreements. His litigation practice includes all state and federal courts in Pennsylvania and New Jersey. Ranging from national corporations to local businesses, Mr. Curci regularly advises his clients on employment-related issues such as responding to employee complaints; conducting workplace investigations; hiring; terminations; and drafting employee handbooks, policies, and contracts. He earned his B.A. degree from the University of Richmond, Virginia, and his J.D. degree from Temple University Beasley School of Law. (Philadelphia location)

ANNA DARPINO is the general counsel of Wound Healing Solutions, LLC. As the general counsel, she is responsible for overseeing WHS's legal affairs, including litigation, regulatory compliance, contract negotiation, labor/employment, and risk management. Ms. Darpino graduated from Marist College with a B.A. degree in English literature. She graduated from Widener University's Delaware Law School and was admitted to the bars of Pennsylvania and New Jersey. After completing a clerkship in the Superior Court of New Jersey, Ms. Darpino began her career as a civil litigation defense attorney at a Philadelphia law firm. Over the last decade, she has defended a wide array of cases including catastrophic accidents, premises liability, complex torts, negligent hiring/supervision, employment discrimination, wrongful discharge, wage and hour violations, and professional malpractice. Ms. Darpino has regularly appeared in state and federal courts throughout Pennsylvania and New Jersey, and before various administrative agencies in New Jersey, Pennsylvania, Delaware, and Ohio. She also has extensive experience providing guidance to companies on regulatory compliance, labor/employment issues, contract review and negotiations, and internal investigations. (Allentown location)

TIMOTHY M. KOLMAN is an attorney and partner with Kolman Ely, P.C. He was recently inducted into the top 10% of employment lawyers in the United States by Lawyers of Distinction. Mr. Kolman is also a Super Lawyer, with a top rating from Avvo (10 out of 10) and over 50 wonderful endorsements from his clients. He has also been awarded the Lead Counsel Designation in Labor & Employment Law from Thompson Reuters for the second year in a row for his “profound legal experience, peer recommendations and spotless record.” He is a lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum, in which membership is restricted to only those attorneys who have won million or multi-million dollar verdicts or settlements for their respective clients. He was recently selected by Who’s Who worldwide as a top lawyer. Mr. Kolman is a member of the United States Supreme Court, the Pennsylvania Supreme Court, the United States Court of Appeals for the Third Circuit, and the United States District Court for the Western District and the Eastern District of Pennsylvania, and the District Court of Colorado. Additionally, Mr. Kolman has appeared pro hac vice in many federal courts including, but not limited to, the Northern and Southern districts of New York, the Northern District of Ohio and the District of Maryland. Originally from London, England, he received his first law degree from the University of Glasgow in Scotland with high honors and is a lifetime member of the Middle Temple Inns of Court in London. He then attended and received his second law degree from the University of Pennsylvania Law School where he was an editor of the Law Review. (Allentown and Philadelphia locations)

GEORGE S. KOUNOUPIS is an attorney with Hahalis & Kounoupis, P.C. He has been doing employment law for 30 years beginning on the defense side with a large Philadelphia law firm, and for the last 25 years focusing on plaintiff's employment law. He is the former chair of the Northampton County bar employment law committee  and has had leadership positions in employment law both for NELA and the ABA. Mr. Kounoupis has more than 100 published cases in employment law and has lectured and written extensively on employment law including the BNA international labor law treatise. He has had numerous television appearances on employment law. Mr. Kounoupis has been named a Super Lawyer in plaintiff employment law for six years. He is a fellow of the American Bar Association, the Million Dollar Advocates and numerous other awards and recognitions. Mr. Kounoupis a graduate of Lehigh University and Temple University School of Law. (Allentown location)

MARY-JO REBELO is a partner in and co-chair of Burns White LLC's Employment Practices Liability group. She is also a senior member of the firm’s Business Practices and Litigation groups. A seasoned litigator and business advisor with 30 years of experience, Ms. Rebelo has successfully represented manufacturers, distributors, retailers, property owners, business owners, boards of directors and other governing bodies, physicians, physician practices, health systems, and other medical service providers in a broad range of matters. From violations of federal and state securities laws and business fraud to misappropriation of trade secrets, unfair competition, contract disputes, employment discrimination, sexual harassment and wrongful discharge, Ms. Rebelo has the insight and experience to deliver positive outcomes in the most difficult cases. She earned her undergraduate degree from Elms College, and her J.D. degree from Duquesne University School of Law. (Philadelphia location)

ROBERT W. SMALL is a partner, chair of the labor and employment practice group, and member of the corporate and business services groups of Reger Rizzo & Darnall LLP, in their Philadelphia office. For more than 30 years, he has counseled individuals and businesses with regard to business matters, including employment law, transactional matters, and business succession planning; and has litigated those matters in state and federal court. Mr. Small has decades of experience in assisting businesses in protecting their trade secrets, proprietary information, and customer relationships through the use of protective covenants in employment agreements. In addition to large law firm experience, he has served as assistant general counsel with two Fortune 500 companies and, as such, is sensitive to the need of corporate law departments to control outside legal costs. Mr. Small's philosophy in providing legal services is to understand the client’s real needs; to provide advice and guidance timely; and to employ a flexible fee structure that enables clients to use legal services to avoid or minimize problems at an inexpensive, early point rather than incur much higher legal fees to undo an avoidable problem. Believing that lawyers have a special obligation to give back to their community, he regularly provides pro bono legal services to at-risk children and serves on the governing bodies of, and solicits charitable contributions for, several nonprofit organizations and religious institutions. Mr. Small is a member of the Montgomery County Bar Association and Montgomery County Trial Lawyers. He earned his B.A. degree from Lafayette College and his J.D. degree from Temple University School of Law. (Philadelphia location)

PAUL J. SOPHER is an attorney in the Philadelphia office of Littler Mendelson P.C. Mr. Sopher focuses his practice on discrimination and harassment, wage/hour, class actions, and leaves of absence and disability accommodations. In addition to his litigation practice, he counsels clients on a wide array of employment law matters, including compliance with the FLSA, ADA, ADEA and FMLA. He has significant experience advising clients on federal and state wage and hour issues, and has conducted internal wage and hour audits. His experience also includes a secondment as primary in-house employment counsel to a company with over 3,000 employees. Mr. Sopher received his B.A. degree from Temple University, followed by earning his J.D. degree, cum laude, from James E. Beasley School of Law. (Philadelphia location)

MARK T. SOTTILE is an attorney with Burns White LLC, where he focuses on employment and commercial litigation. He has litigated hundreds of claims under a number of federal statutes, namely Title VII, 1981, the FMLA, ADEA, and ADA, and handles matters pursuant to the FLSA and state cases under the NJLAD and PHRA for various forms of employment discrimination. In addition to his employment law and civil rights practice, Mr. Sottile handles contractual disputes, personal injury defense, premises liability, and other general liability matters. He received his J.D. degree from the Villanova University School of Law in 2011, and his undergraduate degree from Union College in 2008, summa cum laude. (Allentown location)