Mini Law School for Louisiana HR Professionals

Agenda / Content Covered

All times are shown in Central time.

1. Successful Hiring and Recruitment Steps
   9:00 - 10:00, Donald C. Douglas Jr.
   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)
2. Employee Handbooks and Policies in the 21st Century
   10:00 - 10:45, Monica Bowers
   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
3. Wage and Benefit Issues
   11:00 - 12:00, Elizabeth Liner
   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
4. Other Employment Laws You Need to Know
   1:00 - 1:45, Donald L. Hyatt II
   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. Workplace Behavior and Privacy - Current Developments
   1:45 - 2:30, Donald L. Hyatt II
   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
6. Discipline and Discharge - Necessary Documentation
   2:45 - 3:30, Elizabeth Liner
   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
7. The National Labor Relations Board - Obligations and Compliance
   3:30 - 4:30, William E. Hester III
   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

MONICA BOWERS is the founding partner of Bowers Law Firm, L.L.C., a multi-jurisdictional boutique law practice that offers expert legal services in employment law, family law and business law. She is co-founder of the Bowers Mediation Group, offering the unique service of co-mediation with a mental health professional. Ms. Bowers was a law clerk for Hon. Irvin Kilcrease, Jr., Chancery Court, Nashville, Tennessee. Admitted to practice in Tennessee and Louisiana, she counsels businesses and government agencies with conflict resolution in employment-related matters, including internal investigations, policy and procedure development and harassment training. Ms. Bowers is an EEOC mediator and presents seminars for SHRM, local SHRM chapters and other national CLE programs on Human Resource Law-related matters. She attended Doshisha University in Kyoto, Japan, and earned her B.A. degree from Mount Holyoke College and her J.D. degree from Vanderbilt University School of Law.

DONALD C. DOUGLAS JR. is of counsel with Riess LeMieux where he practices predominantly health care, employment, and business law. Mr. Douglas both advises and represents physicians and physician groups on compliance, employment, contract, and other practice-related matters. He brings many years of litigation, appellate practice, arbitration, and counseling experience to the firm's clients. Mr. Douglas is a Registered Arbitrator and Neutral with the American Health Lawyers Association. He arbitrates various types of matters including employment, contract, and business ownership disputes. Mr. Douglas attended the University of New Orleans for his B.A. degree and received his J.D. degree from the Paul M. Hebert Law Center at Louisiana State University where he was a member of the Louisiana Law Review. He is a member of the American Health Lawyers Association, Louisiana State Bar Association and the Louisiana Association of Defense Council.

WILLIAM E. HESTER III is a member of the New Orleans office of The Kullman Firm. Since joining the firm in 1975, Mr. Hester has engaged in the full range of labor and employment law practice before the NLRB, EEOC, U.S. Department of Labor, the Federal Wage and Hour Division, OFCCP, and in litigation before federal and state courts. He advises and assists clients in management training, human resources administration, union avoidance, employment law compliance, and prevention of claims under Title VII, ADA, ADEA, OSHA, FLSA, WARN, FMLA, and other federal and state employment laws and regulation. Mr. Hester has extensive experience in representing and advising companies in matters arising under the National Labor Relations Act: organizing representation elections, union decertification, contract negotiation, arbitration, defense of unfair labor practice charges and complaints, and preparation for, and operations during strikes. He is a former adjunct professor at Texas A&M University, and also has lectured to various professional groups on safety, health and other labor and employment law issues. Mr. Hester is a member of the New Orleans and Louisiana State bar associations, and The Mississippi Bar. He earned his B.B.A. and J.D. degrees from the University of Mississippi.

DONALD L. HYATT II is a sole practitioner in New Orleans, where he practices in the areas of employment law, professional malpractice and other intentional torts, including fraud and defamation. He previously has spoken for various professional groups on his areas of practice. Mr. Hyatt is a member of the Louisiana State Bar Association; the U.S. 5th and 9th Circuits; and the Eastern, Middle and Western districts of Louisiana. He earned his B.A. degree from Centenary College and his J.D. degree from Loyola University, New Orleans.

ELIZABETH LINER is a labor and employment litigation attorney with Baker Donelson. She advises clients on day to day employment decisions regarding discipline, termination and advises clients as to drafting, revising and implementing employment policies. She helps to defend clients in claims brought under Title VII, FMLA, ADA, ERISA, FRSA and other grievances through litigation, mediation and arbitration. She also manages Department of Labor investigations, regularly responds to EEOC charges, and drafts position statements. Ms. Liner is a member of the Louisiana State Bar Association. She received her B.S. degree, magna cum laude, from Louisiana State University; and her J.D. degree, magna cum laude, from Paul M. Hebert Law Center, Louisiana State University.