Agenda / Content Covered

1. Employment Law Update
   9:00 - 9:30, R. Joseph Wessendarp
2. Successful Hiring and Recruitment Steps
   9:30 - 10:15, Tessa L. Castner
   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. Discipline and Discharge - Necessary Documentation
   10:30 - 11:15, Rachel M. Pappenfus
   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
4. Employee Handbooks and Policies in the 21st Century
   11:15 - 11:45, Neal Shah
   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
5. Wage and Benefit Issues
   12:45 - 1:30, R. Brent Gambill
   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. Other Employment Laws You Need to Know
   1:30 - 2:15, R. Brent Gambill
   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)
7. Controlling Unemployment Compensation Costs
   2:15 - 3:00, R. Joseph Wessendarp
   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
   3:15 - 3:45, Jessica T.S. Bernard Sexton and Brice C. Smallwood
   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. The National Labor Relations Board - Obligations and Compliance
   3:45 - 4:30, Brice C. Smallwood
   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

JESSICA T.S. BERNARD SEXTON is an attorney with Frost Brown Todd LLC in their Cincinnati office. Her practice is focused on labor and employment, and litigation. She has experience working on litigation matters involving claims of employment discrimination, retaliation, wrongful discharge, and wage and hour violations. Ms. Sexton also advises clients on a variety of other employment related issues, such as employee handbooks, non-competition agreements, FLSA exemptions, and other personnel policies and concerns. Ms. Sexton received her B.A. degree from The Ohio State University and her J.D. degree, summa cum laude, from the University of Dayton School of Law.

TESSA L. CASTNER is an attorney with Frost Brown Todd LLC. Based in the Cincinnati office, she represents employers in all aspects of employment law including employment litigation, traditional labor work, and administrative hearings. Ms. Castner has experience working on litigation matters involving claims of employment discrimination, retaliation, wrongful discharge, and wage and hour violations. She also advises clients on employment related issues, such as contract disputes, disciplinary matters, terminations, and other personnel policies and concerns. Ms. Castner is a member of the American Bar Association (Labor and Employment Law Section), the Ohio State Bar Association (Labor and Employment Law Section), the Cincinnati Bar Association (Labor and Employment Law Section), and the Ohio Women's Bar Association. Ms. Castner earned her B.A. degree from The Ohio State University and her J.D. degree from Washington University School of Law.

R. BRENT GAMBILL is a shareholder at Coolidge Wall Co., L.P.A., with more than 30 years in employee benefits, executive compensation, employment, and labor law. He deals with HIPAA privacy regulations, Family Medical Leave Act, disability, military, and other leaves of absence, as well as drafting executive employment and severance agreements. Mr. Gambill is accredited by the Department of Veterans Affairs to advise, counsel, and represent veterans as to claims for VA benefits. His extensive employment and labor law background, coupled with his employee benefits experience makes him adept at resolving human resource problems that involve complexly intertwined employment, labor, and employee benefit issues. Mr. Gambill earned his B.A. degree, summa cum laude, Phi Beta Kappa, from DePauw University; and his J.D. degree, magna cum laude, from the Indiana University School of Law. He is a member of the America, Ohio State, Indiana State, Dayton, and Cincinnati bar associations.

RACHEL M. PAPPENFUS is an attorney at Taft Stettinius & Hollister LLP, where she focuses her practice on labor and employment law. She practices in the areas of internal investigations, FMLA, attendance and leaves of absence, non-competition agreements, wage and hour law, workers' compensation, workplace safety and health, and education-litigation. Ms. Pappenfus is a member of the Ohio State Bar Association and the Dayton Bar Association. She is admitted to practice in the state of Ohio, the Federal Southern District of Ohio and the Federal Northern District of Ohio. Ms. Pappenfus earned her Master of Arts in education from the College of Mount St. Joseph and her J.D. degree from the University of Cincinnati College of Law.

NEAL SHAH is a member of Frost Brown Todd LLC. He focuses his practice in labor and employment law. Mr. Shah has represented employers in single plaintiff, and class and collective action litigation claims under Title VII of the Civil Rights Act, the American’s with Disabilities Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the Age Discrimination in Employment Act, Occupational Safety and Health Act, and various other federal and state employment laws. He also regularly advises employers on compliance with laws governing hiring, discipline, compensation, termination, and other employment practices. Mr. Shah has been named a Rising Star in employment law by Ohio Super Lawyers magazine from 2014 to 2017. He is a member of the Ohio State, Cincinnati and American bar associations. Mr. Shah earned his B.A. degree from Emory University and his J.D. degree from Boston College Law School.

BRICE C. SMALLWOOD is an attorney with Frost Brown Todd LLC in their Cincinnati office. His practice is focused on representing employers in litigation in federal and state courts, as well as administrative hearings. Mr. Smallwood has experience working on matters involving the National Labor Relations Act, Title VII of the Civil Rights Act, the American's with Disabilities Act, the Fair Labor Standards Act, the Family Medical Leave Act, and other federal and state employment laws. He graduated with his B.A. degree from Morehead State University and earned his J.D. degree from the University of Cincinnati College of Law.

R. JOSEPH WESSENDARP has advised and defended private and public sector employers and businesses for more than 30 years in labor and employment, workers' compensation, workplace health and safety regulatory compliance, discriminatory and retaliatory discharge, wage/hour issues, and collective bargaining. He practices before state and federal trial and appellate courts, administrative tribunals, and arbitrations. Mr. Wessendarp frequently presents at professional education programs. He earned B.A. degree from the University of Cincinnati and his J.D. degree from the University of Detroit.