Live Seminar

Mini Law School for HR Professionals

Seminar

Date:

Wednesday, April 04, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78792ER

Location:

State Bar of New Mexico Center

5121 Masthead N.E.

Albuquerque, NM 87109

$349.00

$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • NM CLE - 6.00

CPE for Accountants

  • CPE for Accountants/NASBA - 7.00

Other

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

Program Description

A Comprehensive Primer on Labor and Employment Law

As employment-related litigation rates continue to rise, employers must look for ways to proactively protect themselves in a legal manner. Human resource compliance can be one of the most costly and time-consuming aspects for a business; can you streamline the process and prevent unnecessary risk? This program will get you up to speed so you can return to work confident in your abilities. Know the fundamentals of human resources: from hiring to firing and everything in-between. Register today!

  • Get the latest employment law updates you can't afford to miss.
  • Understand the importance of thorough and accurate paperwork when hiring new employees.
  • Know what a handbook should and should not contain by exploring the advantages and pitfalls of various policies.
  • Review alternative dispute resolution tactics that are effective and advantageous for employment-related matters.
  • Appropriately apply wage and hour exemption requirements in gray areas such as outside salespeople and highly-paid computer professionals.
  • Ensure compliance with federal and state WARN Act requirements when performing layoffs.
  • Learn the key steps to investigating employee misconduct thoroughly and legally.
  • Understand unemployment compensation guidelines and how to manage costs.
  • Remain up to date on the latest developments regarding employee behavior and controversial social media policies.

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. Employment Law Update
  2. Successful Hiring and Recruitment Steps
  3. Employee Handbooks and Policies in the 21st Century
  4. Alternative Dispute Resolution in the Employment Context
  5. Wage and Benefit Issues
  6. Other Employment Laws You Need to Know
  7. Discipline and Discharge - Necessary Documentation
  8. Controlling Unemployment Compensation Costs
  9. Workplace Behavior and Privacy - Current Developments

Continuing Education Credit

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 *

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


* denotes specialty credits

Agenda / Content Covered

  1. Employment Law Update
    9:00 - 9:45, Barbara G. Stephenson
  2. Successful Hiring and Recruitment Steps
    9:45 - 10:30, Quentin F. Smith
    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
    10:45 - 11:15, Quentin F. Smith
    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. Alternative Dispute Resolution in the Employment Context
    11:15 - 12:00, Laurie A. Vogel
  5. Wage and Benefit Issues
    1:00 - 1:45, Steven E. Jones
    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
    1:45 - 2:30, Raul A. Carrillo Jr.
    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. Discipline and Discharge - Necessary Documentation
    2:45 - 3:15, Raul A. Carrillo Jr. and Steven E. Jones
    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
  8. Controlling Unemployment Compensation Costs
    3:15 - 4:00, Lorna M. Wiggins
    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
  9. Workplace Behavior and Privacy - Current Developments
    4:00 - 4:30, Barbara G. Stephenson
    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

RAUL A. CARRILLO JR. is the founder/president of the Carrillo Law Firm, P.C., in Las Cruces, New Mexico. His practice areas include insurance defense, civil rights, business litigation, employment litigation, corporate litigation, and election law. Mr. Carrillo earned his B.A. degree, magna cum laude, from the University of New Mexico and his J.D. degree from Harvard University. In addition to his law practice, Mr. Carrillo is an adjunct professor of business law and ethics at the University of Texas at El Paso. He is a member of the State Bar of New Mexico, along with many other professional and community associations.

STEVEN E. JONES is a civil litigation associate attorney for Carrillo Law Firm, P.C., where he concentrates his practice in insurance defense, civil rights and business litigation, employment, and corporate litigation. Mr. Jones has experience dealing with U.S. federal agencies on behalf of clients in a variety of contexts, including administrative proceedings, investigations, and litigation involving agencies such as the U.S. Department of Labor (DOL), U.S. Department of Agriculture (USDA), U.S. Centers for Medicare and Medicaid Services (CMS), U.S. Food and Drug Administration (FDA), U.S. Postal Service (USPS), U.S. Department of Justice (DOJ), and U.S. Equal Employment Opportunity Commission (EEOC). He is admitted to practice in New Mexico, District of Columbia and Maryland; and is a member of the State Bar of New Mexico; District of Columbia Bar; Maryland State Bar Association; and American Bar Association (2008-present). Mr. Jones earned his A.B. degree, cum laude, from Harvard University and his J.D. degree from Stanford University.

QUENTIN F. SMITH is an attorney in the law firm of Sheehan & Sheehan, P.A., where he focuses his practice in employment and labor law and general civil litigation. He has successfully defended small and large employers against many types of claims, including discrimination, harassment and wrongful discharge. Mr. Smith is certified by the New Mexico Board of Legal Specialization as a specialist in employment and labor law. He is a member of the State Bar of New Mexico, the Albuquerque and American bar associations and the New Mexico Defense Lawyers Association. Mr. Smith is admitted to practice before the Tenth Circuit Court of Appeals, the U.S. District Court of New Mexico, and the state courts of New Mexico. He earned his B.A. degree, magna cum laude, from Texas Christian University; and his J.D. degree, summa cum laude, from the University of New Mexico School of Law in Albuquerque.

BARBARA G. STEPHENSON is a shareholder with Sheehan & Sheehan, P.A. Her practice focuses on defending employers in employment litigation and administrative charges before such agencies as the Equal Employment Opportunity Commission, the New Mexico Human Rights Bureau, and the Office of Federal Contract Compliance Programs. Ms. Stephenson also consults with personnel managers on preventative personnel practices and procedures. She is a member of the Albuquerque and American (Section on Labor and Employment Law) bar associations, and the State Bar of New Mexico, and is a New Mexico Board-recognized specialist in labor and employment law. Ms. Stephenson earned her J.D. degree from the University of New Mexico School of Law. She has been listed in Best Lawyers in America in labor and employment since 2001, and since 2003 as a leading employment defense attorney in Chambers USA Leading Business Lawyers. Ms. Stephenson makes frequent employment law presentations to employers and professional associations.

LAURIE A. VOGEL is a sole practitioner in Albuquerque, New Mexico, where she practices in employment and civil rights law from an employer or management perspective. The State Bar of New Mexico has recognized Ms. Vogel as a specialist in employment and labor law. She has taught legal issues in employment for the Albuquerque Technical Vocational Institute and for the U.S. Department of Energy's Central Training Academy. Ms. Vogel earned her B.A. degree from the University of Montana and her J.D. degree from the University of Idaho. She is a member of the State Bar of New Mexico (member, Employment Law Section), the American Bar Association (member, Law Practice Management Section), and the Society for Human Resources Management.

LORNA M. WIGGINS is a shareholder in the Albuquerque law firm of Wiggins, Williams & Wiggins, P.C. She has practiced primarily in the areas of labor and employment law. Ms. Wiggins started practicing law in New Mexico after completing a judicial clerkship. Much of her practice includes advising management on various personnel issues including, hiring, discipline, termination and layoff issues; negotiating employment contracts; non-compete agreements; patent waiver agreements; and assisting management in developing and implementing personnel policies. Ms. Wiggins regularly assists management in certification and decertification elections, negotiating union contracts, arbitrations, and unfair labor practice charges. She regularly defends employers before the New Mexico Human Right Commission, EEOC, OFCCP, NLRB, and state and federal courts. Ms. Wiggins routinely provides training to employers in recognizing and eliminating discrimination and harassment in the workplace, and is a frequent lecturer on labor and employment law. She attended Southern Methodist University; earned her B.S. degree, cum laude, from the University of North Dakota; and her J.D. degree from the University of North Dakota School of Law. Ms. Wiggins is a member of the Albuquerque and American bar associations, and the State Bar of New Mexico.

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

NM CLE: 6.00
This program has been approved by the New Mexico Minimum Continuing Legal Education for 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. Describe two employment law updates. 2. Describe the importance of thorough and accurate paperwork when hiring new employees. 3. List what a handbook should and should not contain by exploring the advantages and pitfalls of various policies. 4. Explain alternative dispute resolution tactics that are effective and advantageous for employment-related matters. 5. State the wage and hour exemption requirements in gray areas such as outside salespeople and highly-paid computer professionals. 6. Describe the latest changes to the Americans with Disabilities Act. 7. List the key steps to investigating employee misconduct thoroughly and legally. 8. Explain unemployment compensation guidelines and how to manage costs. 9. State the latest developments regarding employee behavior and controversial social media policies.

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 compliance. Upon completion of this course, attendees should be able to: 1. Describe the importance of thorough and accurate paperwork when hiring new employees. 2. List what a handbook should and should not contain by exploring the advantage and pitfalls of various policies. 3. Explain alternative dispute resolution tactics that are effective and advantageous for employment-related matters. 4. State the wage and hour exemption requirements in gray areas such as outside salespeople and highly-paid computer professionals. 5. Describe the latest changes to the Americans With Disabilities Act. 6. Explain unemployment compensation guidelines and how to manage costs. 7. State the latest developments regarding employee behavior and controversial social media policies. 8. List the key steps to investigating employee misconduct thoroughly and legally. 9. Identify techniques for controlling back pay during a National Labor Relations Board investigation. Field(s) of Study -- Personnel/Human Resources.

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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How To Order

Web: Order Now
Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
Eau Claire, WI 54702