Live Seminar

Employment Law: Advanced Issues and Answers

Seminar

Date:

Monday, April 16, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78791ER

Location:

The Hotel ML

915 Route 73

Mount Laurel, NJ 08054

$359.00

$349 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • NJ CLE - 7.20
  • NY CLE - 7.00
  • PA CLE - 6.00

Other

  • HRCI - 6.00
  • IACET - 0.60
  • SHRM CP/SCP - 6.00

Program Description

Confidently Tackle Advanced Employment Disputes

Trying to keep up with the intricate web of agencies governing employment law and the increasing number of legislative changes each year can be overwhelming for even the most experienced attorney or human resource director. Are you up to date on the latest legal developments and able to confidently advise clients on employment law issues? Avoid inadvertent violations of state and federal regulations. Attend this seminar and learn from seasoned practitioners as they discuss tips and techniques for handling advanced-level issues. Register today!

  • Review the latest developments in state employment laws.
  • Recognize and avoid liability landmines that lurk in employee investigations.
  • Avoid penalties and sanctions by properly classifying exempt and non-exempt employees.
  • Safeguard against liability by making sure that FMLA, ADA and workers' compensation regulations are being followed.
  • Know when it is in your best interest to settle a federal or state FMLA, ADA or worker's compensation claim.
  • Learn practical strategies for responding to EEOC and state agency charges.
  • Stay up to date on the latest NLRB decisions that affect both union and non-union employers.
  • Understand what types of electronic discovery are allowed during the litigation process.

Who Should Attend

This advanced level seminar provides clear legal guidance for complying with employment laws and avoiding lawsuits for:

  • Attorneys
  • Human Resource Managers
  • Presidents
  • Vice Presidents
  • CFOs

Course Content

  1. Recent Developments in State and Federal Employment Law
  2. Conducting an Effective Internal Investigation
  3. Creating Fair Labor Standard Act (FLSA) Compliance Strategies That Work
  4. Deciphering FMLA, ADA and Workers' Compensation Issues
  5. National Labor Relations Board Decisions Affecting Unionized and Non-Unionized Workplaces
  6. Responding to EEOC and State Agency Charges
  7. Preparing for Electronic Discovery in Litigation

Continuing Education Credit

Continuing Legal Education

Credit Hrs State
CLE 7.20 -  NJ
CLE 7.00 -  NY*
CLE 6.00 -  PA

Human Resource Certification Institute – HRCI: 6.00

International Association for Continuing Education Training – IACET: 0.60

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


* denotes specialty credits

Agenda / Content Covered

  1. Recent Developments in State and Federal Employment Law
    9:00 - 9:30, Armando V. Riccio
  2. Conducting an Effective Internal Investigation
    9:30 - 10:15, Patricia A. Smith
    1. In-House or Outsource?
    2. Critical Investigation Triggers
    3. Scope of Investigations: What to Consider
    4. Legal Best Practices for Interviews and Evidence Collection
    5. Memorializing and Preserving Investigation Evidence
    6. Legally and Efficiently Remedying the Problem
  3. Creating Fair Labor Standard Act (FLSA) Compliance Strategies That Work
    10:30 - 11:30, Robert J. Hagerty
    1. Determining Employee vs. Independent Contractor
    2. Proving Exempt vs. Non-Exempt Status to Prevent Misclassification Claims
    3. Wage and Hour Law Update
    4. How to Conduct Your Internal Wage and Hour Audit
    5. How to Handle a Wage and Hour Investigation
    6. Preventing Off-the-Clock Claims
    7. When and How to Settle Back Pay Claims
    8. Case Law Update
  4. Deciphering FMLA, ADA and Workers' Compensation Issues
    12:30 - 1:30, Armando V. Riccio
    1. ADA, FMLA and Workers' Compensation - What do the Laws Really Say?
    2. Updating ADA Policies for the ADAAA
    3. How do the Three Interact With Each Other and State Laws?
    4. Tips for Drafting Policies to Work Together
    5. Troubleshooting Complex Leave of Absence Issues
    6. Drafting Policies for Medical Leave
    7. Knowing When and How to Settle Federal and State Claims
  5. National Labor Relations Board Decisions Affecting Unionized and Non-Unionized Workplaces
    1:30 - 2:15, John A. Adams
    1. At-Will Employment Statements and Collective Bargaining Limitations
    2. Handling Concerted Activity in Non-Union Environments
    3. Social Media Use and National Labor Relations Act Violations
    4. Controlling Back Pay
  6. Responding to EEOC and State Agency Charges
    2:30 - 3:30, Ralph R. Smith III
    1. Evaluating the Claim
    2. Best Practices for Investigation of the Charges
    3. Document and Computer Evidence Retention
    4. Position Statements as Potential Evidence in Litigation
  7. Preparing for Electronic Discovery in Litigation
    3:30 - 4:30, Peter L. Frattarelli
    1. Electronic Discovery Rules
    2. Litigation Methods
    3. Practical Information System Policies and Practices
    4. Preparing for the Rule 26(f) or Initial Scheduling Conference
    5. Preparing Requests and Responding to Discovery Requests Involving Electronic Data

JOHN A. ADAMS is the founder of the John Adams Law Firm LLC, in Hainesport, New Jersey. Prior to starting the John Adams Law Firm LLC, he was a partner at the labor, employment and benefits law firm of Susanin, Widman & Brennan, P.C., an associate in the labor and employment section at Morgan, Lewis & Bockius, a judge advocate in the U.S. Army, and a special assistant U.S. attorney where he prosecuted crimes in which the U.S. Army had an interest. Mr. Adams earned a B.S. degree from the U.S. Military Academy (“West Point”) and a J.D. degree from the University of Notre Dame Law School. After West Point, Mr. Adams served as a platoon leader, battery executive officer and aide-de-camp in the air defense artillery prior to going to law school on an Army scholarship. Mr. Adams concentrates his practice in representing employers, employer associations, and construction contractors in New Jersey and Pennsylvania in construction law, labor law, employment law, collections, corporate law, and litigation before federal and state courts, as well as various federal and state agencies such as OSHA, MSHA, DOT, EEOC, PHRC, NJDCR, and DOL. Mr. Adams is a member of the bars of the U.S. Court of Appeals for the Third Circuit, the state bars of Pennsylvania and New Jersey, and numerous federal district courts. He was the primary author of the 2006 Pennsylvania Mechanics' Lien Law Amendments, which substantially changed and modernized the Pennsylvania Mechanics' Lien Law. Mr. Adams is a frequent lecturer on construction law, labor law, and employment law. In addition to practicing law for the past 25+ years, Mr. Adams is retired from the US Army Reserves, the Judge Advocate for American Legion Post 294, a member of the Burlington County Republican Committee and an elected councilman for the township of Eastampton, New Jersey.

PETER L. FRATTARELLI is a partner with Archer & Greiner, P.C., where he is the chair of the Labor and Employment Department. Mr. Frattarelli regularly represents management and employers in labor and employment litigation and proceedings. He is a member of the New Jersey State Bar Association (including an Executive Committee position with the Labor and Employment Law Section); Delaware State Bar Association; American Bar Association; Camden County (New Jersey) Bar Association; barrister, Sidney Reitman Labor and Employment Law Inns of Court; and Justinian Society (Italian-American attorneys organization). Mr. Frattarelli is admitted to practice in Delaware, Pennsylvania and New Jersey and before the U.S. Supreme Court, Third Circuit Court of Appeals, and the U.S. District Court (Delaware, Eastern District of Pennsylvania and District of New Jersey). He earned his B.S. degree from Drexel University and his J.D. degree, magna cum laude, from Widener University School of Law.

ROBERT J. HAGERTY is a managing partner at Hagerty & Bland-Tull Law LLC, where he practices in the area of employment rights for employees and employers, specifically on harassment, discrimination, wrongful discharge, employment contract, restrictive covenant, trade secret, whistleblower and ERISA. He is master and treasurer in the Sidney Reitman Employment Law Inn of Court. Mr. Hagerty earned his B.S. degree, cum laude, from the University of Connecticut and J.D. degree from Rutgers School of Law, Camden. He is a member of the Pennsylvania, New Jersey State, Burlington County and Camden County bar associations.

ARMANDO V. RICCIO is an attorney in private practice. For more than 20 years, he has concentrated his practice in representing management in public and private sectors with various employment matters such as discrimination, harassment, retaliation, and wrongful termination claims. Mr. Riccio represents management before various federal and state agencies including the EEOC, NLRB, Division on Civil Rights, and PERC, as well as federal and state courts. He also conducts investigations of discrimination and harassments claims; training sessions on numerous workplace issues, such as anti-discrimination, harassment and retaliation issues; and advises clients regarding employment practices, policies and procedures. Mr. Riccio is admitted to practice before the Southern District of New York, Eastern District of New York, Third Circuit Court of Appeals, and U.S. Supreme Court. He is a member of the New York State, New Jersey State, Burlington County, and Camden County bar associations. He is also a member of the Society of Human Resource Management and the president of the Human Resources Association of Southern New Jersey. Mr. Riccio earned his J.D. degree from Rutgers University School of Law, and his M.S. in human resources management and B.F.A. degrees from New York Institute of Technology.

PATRICIA A. SMITH is a partner with the law firm of Ballard Spahr LLP, where she represents management in all areas of employment and labor law and litigation. She has experience in a variety of industries, including health care, transportation, refining, manufacturing, construction, and commercial lending. Ms. Smith regularly provides advice and counseling to employers concerning the implementation of reductions in force and other difficult employment decisions. She also practices traditional labor law and regularly handles labor arbitrations, union organizing campaigns, collective bargaining negotiations, and unfair labor practice charges. Ms. Smith is a veteran litigator with significant jury trial experience in state and federal courts. Ms. Smith also conducts workplace investigations and represents clients during government audits and investigations. She has an active ERISA litigation practice and counsels employers on avoiding and resolving employment-related problems. She earned her B.A. degree, magna cum laude, from Rowan University; and her J.D. degree, cum laude, from Rutgers, The State University of New Jersey School of Law-Camden. She is a member of New Jersey State Bar Association and the Pennsylvania Bar Association.

RALPH R. SMITH III is a shareholder with Capehart & Scatchard, P.A., and is the vice chairman of the labor and employment group. He practices in the area of employment litigation and preventive employment practices, which includes counseling employers on the creation of employment policies and employer training to avoid employment-related litigation. Mr. Smith is a member of the American, New Jersey State, New Jersey Federal, and Camden County bar associations; Camden County Inns of Court; and the Society for Human Resources Management. He earned his B.A. degree, magna cum laude, from Temple University and his J.D. degree, cum laude, from Temple University School of Law.

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:

Continuing Legal Education

NJ CLE: 7.20
This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 7.2 hours of total CLE credit. Of these, 0.0 qualify as hours of credit for ethics/professionalism.


NY CLE: 7.00 Includes - Areas of Professional Practice: 7.00
This course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 7.0 credit hours. 7.0 hours can be applied to the Areas of Professional Practice requirement. This live format program is appropriate for experienced attorneys.


PA CLE: 6.00
This program has been approved by the Pennsylvania Continuing Legal Education Board for a total of 6.0 hours, including 6.0 hours of substantive law, practice and procedure CLE credit and 0.0 hour of ethics, professionalism or substance abuse CLE credit.


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. Explain the latest developments in state employment laws. 2. Describe two triggers to initiate internal investigations of employee misconduct. 3. List the most effective tactics that prevent off-the-clock claims by employees. 4. Identify two best practices for drafting policies for medical leave. 5. List at least one NLRB decision that affects both union and non-union employers. 6. Describe a practical strategy for responding to EEOC and state agency charges. 7. State what types of electronic discovery are allowed during the litigation process.

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.


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Mail: NBI
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