Audio CD + Course Book

Human Resource Law: What You Need to Know Now

Audio CD + Course Book

Copyright Date:

February, 2018

Product ID#:

78354CDRA

Audio + Course Book

Credit Information

Continuing Legal Education

  • WV CLE - 7.20
From Event: Human Resource Law: What You Need to Know Now, held February 2018.

Program Description

Stay up to date on the latest legislative changes and court decisions impacting your human resource practices! This essential instruction 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, workplace privacy, discrimination, and more. Don't miss this opportunity to learn techniques from those with years in the field. Order today!

Course Content

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

Continuing Education Credit

Continuing Legal Education – CLE: 7.20 WV - Credit Approval Expiration 02/05/2020


* denotes specialty credits

Agenda / Content Covered

  1. Recent Developments in Employment Law
    9:00 - 9:45, Written by Steven L. Snyder. Presented by Bradley K. Shafer in Wheeling and Steven L. Snyder in South Charleston.
  2. Hiring/Recruiting
    9:45 - 10:35, Written by Bradley K. Shafer. Presented by Bradley K. Shafer in Wheeling and Stacey L. Fragile in South Charleston.
    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. Is Your Employee Handbook Up to Date?: Essential Components and Sample Policies for Today's Workplace
    10:50 - 11:40, Written by Scott K. Sheets and Anthony C. Sunseri. Presented by Anthony C. Sunseri in Wheeling and Scott K. Sheets in South Charleston.
  4. Employee Discipline and Termination
    11:40 - 12:30, Written by Scott K. Sheets. Presented by Douglas C. Hart in Wheeling and Scott K. Sheets in South Charleston.
    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
  5. Discrimination and Harassment
    1:30 - 2:25, Written by Drew M. Capuder. Presented by Drew M. Capuder in Wheeling and South Charleston.
    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
  6. Wage Issues
    2:40 - 3:40, Written by David D. Amsbary. Presented by Craig M. Brooks in Wheeling and David D. Amsbary in South Charleston.
    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. Leave Policies: Required by Law?
      1. Vacation and Sick Leave
      2. Jury Duty and Voting Leave
      3. Family and Medical Leave Act (FMLA)
    3. Part-Time Employees and Temps: Wage Obligations
    4. Unpaid Internships and Training Programs
    5. Record-Keeping: What and How Long
  7. Workplace Behavior and Privacy Issues
    3:40 - 4:30, Written by David D. Amsbary. Presented by Anthony C. Sunseri in Wheeling and David D. Amsbary in South Charleston.
    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

DAVID D. AMSBARY is a member of Bailes, Craig & Yon, PLLC, in Huntington. Mr. Amsbary focuses his practice in the areas of health care, labor and employment, trial practice, contracts and corporations. He is admitted to practice in West Virginia, the U.S. Southern District of West Virginia, North Carolina, the U.S. Eastern District of North Carolina, and the state of Ohio. Mr. Amsbary earned his B.A. degree, cum laude, from the University of Massachusetts, Amherst and his J.D. degree from The Ohio State University College of Law. He also served on The Ohio State University College of Law Pro Bono Research Group. Mr. Amsbary is a member of The West Virginia State Bar, North Carolina State Bar, and American Bar Association. (South Charleston location)

CRAIG M. BROOKS is a director and shareholder of Houston Harbaugh, P.C., a law firm in Pittsburgh, Pennsylvania. A very important and steady part of Mr. Brooks' practice is preventive work with clients, principally involving daily advice and counsel on handling employment problems and issues as they arise, putting clients not only in a position to win claims, but more importantly, to avoid them while achieving needed management goals. He concentrates his practice in the labor and employment law area (representing primarily management), including regularly handling employment discrimination claims (which includes sexual harassment cases, age, disability, sex, race and national origin discrimination cases) in court and before government agencies, union relations matters (which includes labor arbitrations, unfair labor practice charges, union contract negotiations, union organizing matters, wrongful discharge claims), and wage and hour matters in court and with government agencies. Mr. Brooks also handles a select number of plaintiff cases and provides advice to individuals in the employment law area. He is a member of the Labor and Employment Law Section of the Allegheny County Bar Association. Mr. Brooks is a frequent speaker on employment law and has written various articles on labor and employment issues. He graduated, cum laude, from the Wharton School of the University of Pennsylvania and earned his J.D. degree from Duke University School of Law. (Wheeling location)

DREW M. CAPUDER is a partner in Capuder Fantasia PLLC and of counsel to Manchin Injury Law Group PLLC, both in Fairmont, where he focuses on employment litigation and consulting, mediation, business litigation and consulting, and representing medical professionals in licensing board issues and litigation. He has completed both the basic and advanced courses in mediation skills conducted by The West Virginia State Bar. Mr. Capuder is the author of Drew Capuder’s Employment Law Blog. He was an adjunct faculty member at Fairmont State University, teaching legal and ethical issues in media. Mr. Capuder is a member of The West Virginia State Bar, the United States Supreme Court Bar, the Bar of the United States Fourth Circuit Court of Appeals, the bars of the United States District Courts for the Northern and Southern Districts of West Virginia, the Marion County Bar Association, the National Employment Lawyers Association, and the West Virginia Employment Lawyers Association (past president). He is also a member of the Alternative Dispute Resolution and Employment Law committees of The West Virginia State Bar. Mr. Capuder earned his B.A. degree, with honors, from the University of Southwest Louisiana (now named the University of Louisiana at Lafayette) and his J.D. degree from the University of Houston Law Center. (Wheeling and South Charleston locations)

STACEY L. FRAGILE is an attorney with the Law Office of Stephen New in Beckley. Ms. Fragile focuses her practice primarily in the areas of labor & employment law, estate planning, and injury and discrimination law because of the wrongful actions of others. She is admitted to practice in West Virginia and before the U.S. Court of Appeals for the Fourth Circuit, the U.S. District Court for the Southern District of West Virginia, and the U.S. District Court for the Northern District of West Virginia. Prior to joining the Law Office of Stephen New, Ms. Fragile worked for the West Virginia Office of Administrative Hearings where she served as acting director of the Office of Administrative Hearings, a position she was appointed to by Governor Earl Ray Tomblin. She is a member of the American Association for Justice, West Virginia Association for Justice, and The West Virginia State Bar. Ms. Fragile earned her B.S. degree from the West Virginia University Institute of Technology and her J.D. degree from the West Virginia University College of Law. (South Charleston location)

DOUGLAS C. HART is a partner in the Pittsburgh office of Burns White LLC. He is licensed to practice in Pennsylvania and West Virginia, and his primary focus is in the areas of commercial litigation, employment litigation and real estate. Mr. Hart is an adjunct professor in the M.B.A. program of Duquesne University, where he teaches accounting and also has lectured to attorneys and accountants on areas related to his practice. He earned his B.A. degree from the University of Pittsburgh, and his M.B.A. and J.D. degrees from Duquesne University. Mr. Hart is a member of the Pennsylvania and Allegheny County bar associations. (Wheeling location)

BRADLEY K. SHAFER is a partner with Swartz Campbell LLC, where he focuses his practice in the areas of labor law, employment law, workers’ compensation and business litigation. Mr. Shafer is admitted to practice in West Virginia and Ohio, and before the United States Court of Appeal for the Fourth Circuit, United States District Court for the Northern and Southern District of Ohio, and United States District Court for the Northern and Southern District of West Virginia. He is a member of the Ohio State Bar Association, Virginia Bar Association, The West Virginia Bar Association, and the Society for Human Resource Management. Mr. Shafer earned his B.A. degree from Alma College, Alma, Michigan and his J.D. degree from The Ohio State University College of Law, Columbus. (Wheeling location)

SCOTT K. SHEETS is a partner with Dinsmore & Shohl LLP. He focuses his practice primarily in the representation of employers in the areas of labor and employment law, employment litigation and general commercial litigation. Mr. Sheets represents employers in trial, mediation, arbitration and appeals at all levels of state and federal courts and administrative agencies in connection with claims of wrongful termination, harassment, discrimination, unemployment, workers' compensation, unfair labor practices, OSHA citations, and other labor and employment matters. His practice includes consultation with and representation of employers in traditional areas of labor law, including contract negotiations, employee handbooks, bargaining unit elections, disciplinary proceedings, and the defense of grievances and arbitrations. Mr. Sheets is admitted to practice in West Virginia and Ohio; as well as before the U.S. District Court for the Northern and Southern Districts of West Virginia, the Fourth Circuit Court of Appeals, and the Sixth Circuit Court of Appeals. Mr. Sheets frequently conducts seminars and publishes articles of interest to employers and the employment defense bar on such topics as internal investigations, employee disciplinary and job performance strategies, employee handbooks, workplace privacy, limiting employer liability for sexual and other types of harassment, compensation issues under the Fair Labor Standards Act, and state and federal developments in employment and labor law. He is a member of the American, West Virginia State, Ohio State and Cabell County bar associations; and the Defense Trial Counsel of West Virginia. Mr. Sheets earned his B.A. degree, summa cum laude, from Marshall University and his J.D. degree from the College of William & Mary, Marshall-Wythe School of Law, where he was Order of the Coif. (South Charleston location)

STEVEN L. SNYDER is senior counsel to Jenkins Fenstermaker, PLLC, where he is a member of the labor & employment and litigation departments. His practice areas include employment, labor and benefits; audits, counseling and training; appellate practice in the area of employment; employment discrimination litigation; wage/hour law; and wrongful discharge. Mr. Snyder is admitted to practice in West Virginia, Ohio and Kentucky, as well as the U.S. Court of Appeals for the Sixth and Seventh Circuits. He is also admitted to practice before the U.S. District Court for the Central District of Illinois, Southern District of Indiana, Eastern and Western Districts of Kentucky, and Southern District of West Virginia. He is a member of the Kentucky, Ohio State, The West Virginia and Louisville (Intellectual Property Section) bar associations. Mr. Snyder earned his B.A. degree from Antioch College; his M.S. degree from the University of Illinois; his M.B.A. degree from Xavier University; and his J.D. degree, summa cum laude, from the University of Illinois. (South Charleston location)

ANTHONY C. SUNSERI is a partner with Burns White LLC, where he has been a litigator for more than a decade. He has been representing corporate entities, professionals, and individuals in a variety of matters with emphasis on employment law, health care law and personal injury. Mr. Sunseri is admitted to practice in both Pennsylvania and West Virginia. He is a member of the American Bar Association, the Pennsylvania Bar Association, and the Defense Research Institute. Mr. Sunseri earned his B.S. degree from the University of Pittsburgh and his J.D. degree from Duquesne University School of Law. (Wheeling location)

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

WV CLE: 7.20 Credit Approval Exp
02/05/2020
This program may qualify for up to 7.2 hours of self-study credit, which includes 0.0 hour of self-study ethics credit, under the West Virginia Rules for Mandatory Continuing Legal Education. No more than 12.0 hours of self-study CLE credit may be earned during a reporting period.


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