Live Seminar

Human Resource Law: What You Need to Know Now

Seminar

Date:

Wednesday, March 07, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78339ER

Location:

Fogelman Executive Conference Center

330 Innovation Drive, Suite 211

Memphis, TN 38152

$349.00

$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • TN 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

Hear Tips and Tactics from Experienced Practitioners

Stay up to date on the latest legislative changes and court decisions impacting your human resource practices! This essential course focuses on day-to-day issue spotting - covering current hot button issues and highlighting practical pointers to avoid and handle common problem areas. Experienced faculty will take you through the critical legal issues you need to know from hiring to firing - including wages and benefits, workplace privacy, discrimination, and more. Don't miss this opportunity to learn techniques from those with years in the field. Register today!

  • Stay up to date on the latest changes and cases in human resource law you need to know.
  • Understand the legal do's and don'ts during the interview process, including background checks and drug testing, drafting employment contracts, and hiring independent contractors and immigrants.
  • Ensure overtime and employee leave policies are compliant with the law.
  • Learn appropriate methods for calculating and tracking FMLA time.
  • Make sure employee handbooks contain the critical provisions necessary to keep them up to date with current issues.
  • Discuss the latest interpretations of "disability" under the Americans with Disabilities Act (ADA).
  • Know how to appropriately handle thorny employee behavior issues while ensuring privacy rights are upheld.
  • Set up proper discipline and firing procedures to avoid wrongful termination and retaliatory claims.

Who Should Attend

This basic-to-intermediate level seminar examines the current issues in human resource law for:

  • Attorneys
  • HR personnel
  • Accountants
  • Presidents and Vice Presidents

Course Content

  1. Recent Developments in Employment Law
  2. Hiring/Recruiting
  3. Discrimination and Harassment
  4. Is Your Employee Handbook up to Date?: Essential Components and Sample Policies for Today's Workplace
  5. Wage and Benefit Issues
  6. Employee Discipline and Termination
  7. Workplace Behavior and Privacy Issues

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. Recent Developments in Employment Law
    9:00 - 9:30, Written by Katherine A. Young. Presented by Katherine A. Young in Knoxville and Matthew G. Gallagher in Memphis.
  2. Hiring/Recruiting
    9:30 - 10:30, Written by Matthew G. Gallagher. Presented by John E. Owings in Knoxville and Matthew G. Gallagher in Memphis.
    1. Job Descriptions and Advertisements
      1. Critical Elements (and What to Leave Out)
      2. Record Keeping Requirements
    2. The Interview Process and Avoiding Discrimination
      1. Interviewer's Oral and Written Questions
      2. How to Answer a Candidate's Potentially Dangerous Questions (Religion, Pregnancy, etc.)
      3. Skill Tests
      4. Medical and Drug Testing
      5. Background Checks; Arrest and Conviction Inquiries
      6. Credit Checks
      7. Social Media/Networking Checks
    3. Hiring Independent Contractors
    4. Hiring Immigrant Workers
    5. Communicating with Unsuccessful Applicants
    6. Drafting Employment Contracts
  3. Discrimination and Harassment
    10:45 - 11:45, Written by Cindy Cole Ettingoff and John E. Owings. Presented by John E. Owings in Knoxville and Cindy Cole Ettingoff in Memphis.
    1. Title VII and Related State Laws
    2. Americans with Disabilities Act (ADA) and Amendments (ADAAA)
      1. Interpretation of "Disability"
      2. Shift to Employer Burden (Interactive Process)
      3. Handling Accommodation Requests
    3. Age Discrimination in Employment Act (ADEA)
      1. Age Threshold and Employee Threshold
      2. Out-of-Retirement Issues
      3. Reduction-in-Force Issues
    4. Other Laws to be Aware of: Equal Pay Act (EPA), WARN, GINA, etc.
    5. Handling Complaints/EEOC
    6. Record Keeping/Retention Considerations
    7. Preventing Discrimination and Harassment
    8. Workers' Compensation Discrimination
    9. The Best Defense: Policies, Handbooks and Training
  4. Is Your Employee Handbook up to Date?: Essential Components and Sample Policies for Today's Workplace
    12:45 - 1:30, Written by Frank L. Day Jr. and Allyson Torres Beckman. Presented by Allyson Torres Beckman in Knoxville and Frank L. Day Jr. in Memphis.
  5. Wage and Benefit Issues
    1:30 - 2:30, Written by Cindy Cole Ettingoff and Katherine A. Young. Presented by Katherine A. Young in Knoxville and Cindy Cole Ettingoff in Memphis.
    1. Fair Labor Standards Act (FLSA)
      1. Misclassification of Employees (Exempt/Non-Exempt)
      2. Unpaid Overtime or Prework Time
      3. Calculating the "Regular Rate"
      4. Meal and Rest Breaks
      5. Fluctuating Workweek Pay and Tip Credit
      6. Unauthorized Work and Working Off-the-Clock
      7. Non-Exempt Employee Travel
    2. Benefits: Health Insurance, Flex Spending and Retirement Plans
      1. Modifications to the Consolidated Omnibus Reconciliation Act of 1985 (COBRA)
      2. Changes to Flexible Spending Accounts
      3. Employee Retirement Income Security Act (ERISA) - Pitfalls to be Wary of
    3. Leave Policies: Required by Law?
      1. Vacation and Sick Leave
      2. Jury Duty and Voting Leave
      3. Military Leave - Uniformed Services Employment and Reemployment Rights Act (USERRA)
      4. Family and Medical Leave Act (FMLA)
        1. Covered Employers and Eligible Employees
        2. Qualifying Reasons for Leave
        3. Notice Obligations
        4. Certification and Medical Documentation Requirements
        5. Leave, Reinstatement and Other Employee Rights
    4. Part-Time Employees and Temps: Wage and Benefit Obligations
    5. Unpaid Internships and Training Programs
    6. Record-Keeping: What and How Long
  6. Employee Discipline and Termination
    2:45 - 3:30, Written by Terri L. Bernal and Myra Hamilton. Presented by Terri L. Bernal in Knoxville and Myra Hamilton in Memphis.
    1. Evaluating Employee Performance While Mitigating Liability
    2. Employee Discipline Plan and Documentation
    3. Legal vs. Illegal Reasons for Terminating an Employee
    4. Disciplining an Employee Without Fearing a Retaliation Claim
  7. Workplace Behavior and Privacy Issues
    3:30 - 4:30, Written by Terri L. Bernal and Myra Hamilton. Presented by Terri L. Bernal in Knoxville and Myra Hamilton in Memphis.
    1. Employee Surveillance
    2. Searches of Desks, Smartphones, Lockers, Vehicles, Equipment, Briefcases, 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
    8. Off-Duty Behavior and Activities
    9. Policies to Have in Place
March 5 - Knoxville

TERRI L. BERNAL, Esq. is a partner in the Nashville office of The Chartwell Law Offices, LLP, where she concentrates her practice in the areas of general liability, government liability, insurance, employment law, and workers' compensation. She has served as an assistant attorney general for the state of Tennessee in the Civil Rights and Claims Division before focusing her practice on general civil litigation. Prior to joining The Chartwell Law Offices, LLP, Ms. Bernal worked for an AV-rated employment law and insurance defense firm. She is admitted to practice in Tennessee, Georgia, the U.S. District Court for the Middle District of Tennessee, and the U.S. District Court for the Eastern District of Tennessee. Ms. Bernal is a member of the American and Tennessee bar associations, as well as the State Bar of Georgia. She earned her B.S. degree, cum laude, from the University of Tennessee at Chattanooga; and her J.D. degree from Baylor University School of Law.

JOHN E. OWINGS is a partner with the Tennessee law firm of Robertson Overbey, where he provides reliable traditional legal services and maintains practice concentrations in business and corporate law, employment and labor law, personal injury, municipal, governmental and public utilities law, mediation and civil litigation, including defending individual police officers, officials, cities and counties in civil rights actions. Mr. Owings is the current secretary-treasurer of the Tennessee County Attorney’s Association. He earned his A.S. degree from Roane State Community College and his B.A. and J.D. degrees from the University of Tennessee. Mr. Owings is a member of the Knoxville, Roane County, Blount County, Tennessee, and American bar associations; and the Tennessee County Attorney's Association.

ALLYSON TORRES BECKMAN focuses her practice primarily in management, labor, and employment law. She has also practiced immigration law and represents employers in both public and private sectors. Ms. Torres Beckman also currently works of counsel for the law firm, Lynn Ross & Gannaway, LLP, headquartered in Fort Worth, Texas. She is admitted to practice in both Tennessee and Texas. Ms. Torres Beckman earned her B.S. degree from the University of North Texas and her J.D. degree from Texas Wesleyan University School of Law (currently known as Texas A&M University School of Law). She was a judicial intern for former Justice Alberto Gonzales of the Texas Supreme Court.

KATHERINE A. YOUNG is an attorney with Young Law Office, P.C., where her practice is focused on employment law, administrative law, wills and probate. She assists clients with discrimination, wage-and-hour, retaliation, ERISA and employment contract cases. Ms. Young also works with clients on last wills, living wills, powers of attorney, and probate of estates. She is a member of the American Bar Association, the National Employment Lawyers Association, the Tennessee Bar Association, Tennessee Trial Lawyers Association, and the Knoxville Bar Association. Ms. Young has been in private practice for 22 years. She taught at the University of Tennessee at Knoxville between the years of 1994 to 2005 as an assistant professor and as a lecturer for the hospitality management program. Ms. Young formerly was a fellow in the Center for Applied and Professional Ethics at the University of Tennessee. She earned her B.A. degrees from the University of St. Catherine in St. Paul, Minnesota; and her J.D. degree, cum laude, from California Western School of Law in San Diego, California.

March 7 - Memphis

FRANK L. DAY JR. is a management-side labor and employment attorney at FordHarrison LLP. He is a seasoned litigator and counselor who assists his clients with a range of business related legal issues such as those that relate to unlawful competition, trade secret disputes, and cases that arise from non-compete agreements. Mr. Day also has many years of experience defending claims of discrimination and retaliation asserted under Title VII, the ADA, FMLA, ADEA, USERRA, and many other federal and state laws. He has helped many clients prevail on summary judgment, at trial, and on appeal. Mr. Day is licensed to practice law in three states, but he also represents clients across the country. In addition to his traditional law practice related activities, he has served on the board for the Memphis Chapter of the Federal Bar Association, and he is currently serving as a member of the Executive Advisory Committee for the Federal Courts Section of the Tennessee Bar Association. He frequently serves as a speaker at seminars regarding issues of labor and employment law and trial practice; and he has published articles in the ABA Employment Law Newsletter, the Tennessee Bar Journal, and the University of Memphis Law Review. Mr. Day earned his J.D. degree, with honors, from the University of Memphis School of Law.

CINDY COLE ETTINGOFF has practiced labor and employment law representing both employers and employees for over twenty years in OSHA, wage and hour, FMLA, ADA, and other employment law matters. In recent years, one of the major focuses of her practice has been assisting growing employers in the development of their employment policies and practices, including drug testing policies, disciplinary policies, workers' compensation policies, and performance policies, as well as in contract drafting and negotiation. In addition, Ms. Ettingoff also serves as a mediator on employment-related disputes. She earned her J.D. degree from the University of Memphis, Cecil C. Humphreys School of Law, where she was a member of the Law Review.

MATTHEW G. GALLAGHER is an attorney with Littler Mendelson P.C., where he represents employers in federal and state courts, as well as in proceedings before administrative agencies such as the Equal Employment Opportunity Commission and National Labor Relations Board, in a broad range of labor and employment law matters. He has significant experience representing management clients in the healthcare, hospitality, manufacturing and transportation industries. In his litigation practice, Mr. Gallagher regularly handles matters involving: discrimination and harassment claims; wrongful discharge and related state tort claims; unfair competition and trade secret issues; wage and hour issues and unfair labor practices. He earned his B.A. degree from St. Lawrence University and his J.D. degree from Benjamin N. Cardozo School of Law. Mr. Gallagher is admitted to practice in Tennessee, Mississippi, Arkansas, New York, and New Jersey. His professional and community affiliations include the Tennessee Bar Association (member, Labor and Employment Section), the Memphis Bar Association (member, Labor and Employment Section), the American Bar Association (member, Labor and Employment Section), the New York State Bar Association, New Jersey State Bar Association, The Mississippi Bar, the Mississippi Oil & Gas Lawyers Association, the Memphis World Trade Club, and the Mississippi World Trade Center.

MYRA HAMILTON serves as general counsel for Hamilton Entertainment & Employment Law LLC, where she handles federal and state workplace matters inclusive of those regulated by the United States Department of Labor, United States EEOC Experience, Tennessee Human Rights Commission and the Tennessee Department of Labor. She has been retained by employers to conduct workplace investigations of personnel records, interviews employees, and write the official defense position statement directly to the Unites States EEOC and state agencies in response to allegations of unlawful and discriminatory employment practices in violation of Title VII of the Civil Rights Act of 1964 as amended, as well as the EEOC Federal Sector and EEOC Hearings Unit before Administrative EEO judges (in cases involving Federal agencies). Ms. Hamilton has served on the city of Memphis Collective Bargaining Team during union negotiations, as well as counseled managers with union grievance issues. She has provided training on sexual harassment, FMLA, labor laws, policies, and has conducted new hire orientation for the city of Memphis. Ms. Hamilton earned her undergraduate degree from Virginia Union University and her J.D. degree from the Thurgood Marshall School of Law at Texas Southern University.

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

TN CLE: 6.00
This course has been approved by the Tennessee Commission on Continuing Legal Education for a maximum of 6.0 hours of credit, including 0.0 hour of ethics.


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. Identify two of the latest changes in human resource law. 2. Describe how background checks and drug testing during the interview process can be illegal. 3. Define three conditions that constitute a disability under the Americans with Disabilities Act (ADA). 4. Describe two essential components of a legally sound employee handbook. 5. Identify what type of employers the Family Medical Leave Act covers. 6. State two legally sound and two illegal reasons for terminating an employee. 7. Describe two legally compliant methods to monitor employee communications.

National Association of State Boards of Accountancy

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 human resource practices. Upon completion of this course, attendees should be able to: 1. Stay up to date on the latest changes and cases in human resource law. 2. Avoid illegal actions during the interview process, including background checks and drug testing, drafting employment contracts, and hiring independent contractors and immigrants. 3. Ensure overtime and employee leave policies are compliant with the law. 4. Use appropriate methods for calculating and tracking FMLA time. 5. Make sure employee handbooks contain the critical provisions necessary to keep them up to date with current issues. 6. Recognize the latest interpretations of “disability” under the Americans with Disabilities Act (ADA). 7. Prevent workplace safety violations by knowing safety regulations and record keeping requirements. 8. Appropriately handle thorny employee behavior issues while ensuring privacy rights are upheld. 9. Set up proper discipline and firing procedures to avoid wrongful termination and retaliatory claims. Field(s) of Study -- Personnel/Human Resources.

Professional Achievement in Continuing Education

N PACE: 7.00 Includes - Registered Employee Benefits Consultant: 7.00
This seminar qualifies for 7.0 PACE (Professional Achievement in Continuing Education) credit hours for REBC.


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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Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
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