Agenda / Content Covered

1. Employment Law Update
   9:00 - 9:30, Andrew L. Houlding
2. Successful Hiring and Recruitment Steps
   9:30 - 10:15, Andrew L. Houlding
   1. Drafting Accurate Job Descriptions
   2. Job Applications: Getting the Data You Need
   3. Proper Way to Conduct Background Checks
   4. Screening References Through a Filter of Reality
   5. The Job Offer or Rejection Letter
   6. Checklist for a Legal Hire
   7. Orientation and Training
   8. Immigration Compliance Documents (I-9 and E-Verify)
   9. IRS and Federal Compliance Documents (SS-4, W-4, Form 940)
3. Employee Handbooks and Policies in the 21st Century
   10:15 - 10:45, Zachary D. Schurin
   1. Guidelines for Whether Your Organization Should or Should Not Have a Handbook
   2. Ensuring Handbook Style Fits with Corporate Culture
   3. Revising the Old vs. Starting Anew
   4. Topics That Should be Included
   5. Boilerplate Language
4. Other Employment Laws You Need to Know
   11:00 - 11:30, Zachary D. Schurin
   1. Family and Medical Leave Act (FMLA)
   2. Americans with Disabilities Act (ADA)
   3. Worker Adjustment and Retraining Notification Act (WARN)
   4. Older Workers' Benefit Protection Act (OWBPA)
   5. Age Discrimination and Employment Act (ADEA)
   6. Title VII of the Civil Rights Act and Sexual Harassment
   7. Pregnancy Discrimination Act (PDA)
   8. Uniformed Services Employment Reemployment Rights Act (USERRA)
5. Wage and Benefit Issues
   11:30 - 12:15, Glenn A. Duhl
   1. State-Specific Wage and Hour Laws
   2. What Qualifies as Overtime?
   3. Differences to be Aware of: Salaried Exempt vs. Salaried Non-Exempt
   4. Options for Employees Reporting Time Worked
   5. Handling Deductions from Wages
   6. Leave Policies
   7. Part-Time Employees and Temps: Wage and Benefit Obligations
   8. Unpaid Internship and Training Programs
   9. Benefits: Health Insurance, Flex Spending and Retirement Plans
      1. Modifications to the Consolidated Omnibus Reconciliation Act of 1985 (COBRA)
      2. Change to Flexible Spending Accounts
      3. Employee Retirement Income Security Act (ERISA) Pitfalls to be Wary of
6. Alternative Dispute Resolution in the Employment Context
   1:15 - 1:45, William Madsen
7. Controlling Unemployment Compensation Costs
   1:45 - 2:15, Robert D. Noonan
   1. General Rules on Who is Entitled to Unemployment Compensation
   2. Key Information to Present Regarding the Initial Claim
   3. When is it Important to Fight an Unemployment Compensation Claim
   4. What you Need to Know About the Hearing Process
   5. Traditional Ways to Manage Unemployment Compensation Costs
8. Workplace Behavior and Privacy - Current Developments
   2:15 - 2:45, William Madsen
   1. Employee Surveillance
   2. Searches of Desks, Smartphones, Lockers, Vehicles, Equipment, etc.
   3. Monitoring Employee Communications: Calls, Email and Internet Use
   4. Dress Code/Personal Appearance
   5. Drug and Alcohol Testing
   6. Psychological and Personality Tests
   7. Workplace Violence: Harassment and Bullying
   8. Off-Duty Behavior and Activities
9. Discipline and Discharge - Necessary Documentation
   3:00 - 3:45, Glenn A. Duhl
   1. Putting a Discipline Policy in Place Proactively
   2. What to do When There is no Policy Addressing an Offense
   3. Evaluating Employee Performance While Mitigating Liability
   4. What Goes in the Discipline/Discharge Letter?
   5. At What Point Should Discharge be Considered?
   6. Minimizing Liability When Discharging an Employee
   7. Common Mistakes to Avoid During Discharge
   8. Waivers and Releases - Their Use After Termination
10. The National Labor Relations Board - Obligations and Compliance
    3:45 - 4:30, Caroline B. Park
    1. Current Challenges in NLRB Policies
    2. Petition Process
    3. Complaint and Hearing
    4. Controlling Back Pay
    5. Avoiding a Bargaining Order After Winning an Election
    6. Rules on Secondary Boycotts
    7. Working Around the Problems in Project Only Agreements
    8. Handling Concerted Activity in Non-Union Environments

Accreditation Details:

GLENN A. DUHL is a principal in Zangari Cohn Cuthbertson Duhl & Grello P.C., representing management in employment law and litigation. He is an aggressive, experienced litigator who zealously represents his clients in trials before federal and state court judges, juries, and administrative and arbitration proceedings. Representative matters include breach of contract, wrongful termination, discrimination, defamation, trade secret misappropriation, restrictive covenants, wage and hour, harassment, and class action defense. Mr. Duhl also advises clients on litigation-avoidance strategies and techniques in complex and highly sensitive disputes. He was chosen for inclusion in The Best Lawyers in America; selected by his peers as a Connecticut and New England Super Lawyer in the areas of employment litigation defense, employment and labor law, and civil litigation defense; and earned an Avvo Rating of 10.0 out of 10.0. For the following ABA - Bloomberg/BNA publications, Mr. Duhl is the Connecticut chapter author of Wage and Hour Laws - A State-by-State Survey, associate editor of Age Discrimination in Employment Law, contributing author of The Fair Labor Standards Act, The Family and Medical Leave Act, and Tortious Interference in the Employment Context. Mr. Duhl frequently speaks on various employment law and litigation topics. He previously served as an adjunct professor in moot court and trial advocacy at UCONN Law School, and taught advanced employment law at the University of Hartford. Mr. Duhl is licensed in Connecticut, New York, Massachusetts and Louisiana. He earned his B.A. degree from Wesleyan University and his J.D. degree from Tulane Law School.

ANDREW L. HOULDING is a principal with Updike, Kelly & Spellacy, P.C., practicing in the areas of employment law, Indian law, and gaming law. In his employment practice, he represents employers in defense of wrongful discharge and discrimination claims, practicing in both federal and state court. Mr. Houlding also represents and counsels clients on matters before the Connecticut Commission on Human Rights and Opportunities, the U.S. Equal Employment Opportunities Commission, the U.S. Department of Labor, the National Labor Relations Board, and the state Board of Mediation and Arbitration. Of particular note, he has experience in negotiating labor contracts and in handling labor grievances and arbitrations. Additionally, Mr. Houlding has negotiated individual and collective employment contracts and separation agreements between companies and executives, litigated non-compete and other restrictive employment covenants, and conducted investigations on behalf of public and private entities. In his Indian law and gaming law practice, he has a great deal of litigation experience on the issue of state court jurisdiction over matters arising on federally recognized Indian tribal reservations. Mr. Houlding received his B.A. degree from Boston University and his J.D. degree from the University of Connecticut School of Law, with honors. He is admitted to practice in the state of Connecticut Superior Court and the U.S. District Court for the District of Connecticut. He is also admitted to appear before the Mohegan Gaming Disputes Court and the Mohegan Tribal Court. Mr. Houlding is the chair of the Connecticut Bar Association’s Indian Law Committee and serves as a member on its Litigation and Labor and Employment Law sections.

WILLIAM MADSEN is a partner with Madsen, Prestley & Parenteau LLC, where he practices employment-related claims, including wrongful discharge; whistle blower retaliation; family and medical leave; disability accommodation; freedom of speech; wage and hour; breach of contract; violation of public policy; discrimination on the basis of age, race, sex, disability, and national origin; and in the area of class action litigation. He is licensed to practice law before the U.S. Court of Appeals for the Second Circuit, as well as the state and federal courts of Connecticut and Maine. Mr. Madsen graduated from the University of Massachusetts at Amherst, Yale Divinity School and Vermont Law School, where he earned his law degree.

ROBERT D. NOONAN is an attorney and founder of Robert Noonan and Associates. Prior to joining the firm, he served as vice president and counsel for the Connecticut Business and Industry Association. In that capacity, Mr. Noonan was responsible for advising association members of the latest developments in workplace law and HR issues. In addition, his professional experience includes 20 years in human resources management with Pitney Bowes Inc. and the Napier Co., an international manufacturing company. He is on the executive committee of the Employment Section of the Connecticut Bar Association, a trustee of Gibbs College, and a faculty member of St. Joseph’s College and the University of Hartford. Mr. Noonan is admitted to practice before the Connecticut superior courts and the federal district courts. He earned two master‘s degrees and his J.D. degree from the University of Connecticut School of Law.

CAROLINE B. PARK is an attorney with Wiggin and Dana LLP's Labor, Employment and Benefits department and is a member of the Diversity Committee. Ms. Park has successfully represented employers in grievance arbitration matters and unfair labor practice proceedings before the National Labor Relations Board. She has also represented employers in cases involving claims of discrimination and retaliation before the Commission on Human Rights and Opportunities, and in state and federal court. In addition, Ms. Park advises employers on a broad range of personnel related matters, such as disciplinary issues, termination and separation issues, reasonable accommodations, and personnel policies and practices. She provides support for immigration matters for the preparation of non-immigrant and immigrant petitions, applications, supporting documents, motions, briefs, and legal memorandums for submission to government agencies. Ms. Park is admitted to practice in Connecticut and Massachusetts. She earned her J.D. from the University of Connecticut School of Law with honors, and her B.A. degree from Boston College.

ZACHARY D. SCHURIN is an attorney with Pullman & Comley LLC, in Hartford. Mr. Schurin represents businesses, individuals, non-profit organizations, boards of education and municipalities in a in a wide-array of labor and employment law matters. He has frequently written and spoken on labor and employment law issues. His written work has been published in The Connecticut Law Tribune, The Connecticut Public Interest Law Journal, the Connecticut Bar Association’s Labor and Employment Law Quarterly and Pullman & Comley’s Working Together blog. Mr. Schurin is a is a member of the Steering Committee of the Connecticut Labor and Employment Relations Association and is a member of the Executive Committee of the Connecticut Bar Association’s Labor and Employment Law Section. He is a graduate of the University of Connecticut School of Law and Hamilton College. Upon graduation from the University of Connecticut School of Law, Mr. Schurin was awarded the Fleming James Jr. Award for excellence in labor law studies and the Connecticut Bar Association’s Labor and Employment Law Section’s annual scholarship award. While in law school, he served as a legislative fellow in the Connecticut General Assembly’s Office of Legislative Research.