Audio CD + Course Book

Troubleshooting HR Legal Nightmares

Audio CD + Course Book

Copyright Date:

April, 2018

Product ID#:


Audio + Course Book

Credit Information

Continuing Legal Education

  • KY CLE - 6.00
From Event: Troubleshooting HR Legal Nightmares, held April 2018.

Program Description

HR personnel are an employer's first line of defense in combating seemingly innocent employment practices that have the potential to become complex legal nightmares. As a skilled professional on the employment law front lines, it is essential for you to have the most up-to-date knowledge of employee classification regulations and medical leave laws, in addition to a whole host of other things, so you can ensure your employer sleeps soundly at night. This comprehensive guide will highlight expensive legal mistakes other employers have made so you can proactively smooth out any employment law molehills before they turn into mountains - order today!

Course Content

  1. NIGHTMARE #1: Hiring and Recruitment Mistakes That Lead to Trouble
  2. NIGHTMARE #2: Employee Misclassification and Other Wage and Hour Mistakes
  3. NIGHTMARE #3: Leave Law Non-Compliance
  4. NIGHTMARE #4: Handbook Errors That Cause Legal Difficulties
  5. NIGHTMARE #5: Employment Practices That Lead to Discrimination Claims
  6. NIGHTMARE #6: Failure to Comply with Affordable Care Act Requirements
  7. NIGHTMARE #7: Wellness Programs That Invite Legal Liabilities
  8. NIGHTMARE #8: Improperly Documenting Discipline and Termination Decisions

Continuing Education Credit

Continuing Legal Education – CLE: 6.00 KY - Credit Approval Expiration 06/30/2018

* denotes specialty credits

Agenda / Content Covered

  1. NIGHTMARE #1: Hiring and Recruitment Mistakes That Lead to Trouble
    9:00 - 9:45, Faith C. Whittaker
    1. Avoiding the Specter of Negligent Hiring Claims
    2. Pre-Employment Background Check Dangers - Criminal and Financial
    3. Criminal Records and the EEOC
    4. The Importance of Accurate Job Descriptions
    5. What Can and Cannot be Asked - Best Practices
    6. Social Media and Applicant Screening
  2. NIGHTMARE #2: Employee Misclassification and Other Wage and Hour Mistakes
    9:45- 10:30, Peter K. Newman
    1. New FLSA Updates: What You Need to Know
    2. Exempt vs. Non-Exempt
    3. Key Exemptions - Outside Sales, Computer Duties, etc.
    4. Applying the Salary Test
    5. Primary and Concurrent Duties
    6. Discretion and Independent Judgment
    7. Independent Contractor Misclassification
  3. NIGHTMARE #3: Leave Law Non-Compliance
    10:45- 11:30, R. Joseph Wessendarp
    1. Eligibility for FMLA and Other Types of Leave
    2. State and Local Leave Law Compliance
    3. Ensuring Notice Requirements are Met
    4. Handling FMLA, ADA and Workers' Compensation Overlap
    5. Avoiding FMLA Leave Interference and Retaliation Claims
    6. Managing Return to Work Issues
  4. NIGHTMARE #4: Handbook Errors That Cause Legal Difficulties
    11:30- 12:15, R. Joseph Wessendarp
    1. At-Will Employment Issues
    2. Confidentiality Rules
    3. Employee Conduct
    4. Attendance Policies
    5. Conflict of Interest Provisions
    6. Social Media Policies
    7. Handbooks and NLRB Scrutiny - What You Must Know
  5. NIGHTMARE #5: Employment Practices That Lead to Discrimination Claims
    1:15- 2:00, Peter K. Newman
    1. Pregnancy Discrimination
    2. Religious Discrimination
    3. Age Discrimination
    4. Disability Discrimination
    5. Gender Discrimination and Sex Stereotyping
    6. Racial Discrimination
    7. National Origin Discrimination
  6. NIGHTMARE #6: Failure to Comply with Affordable Care Act Requirements
    2:00- 2:45, Timothy G. Pepper
  7. NIGHTMARE #7: Wellness Programs That Invite Legal Liabilities
    2:45- 3:30, Timothy G. Pepper
    1. The ADA and the ACA - Legal Conflicts in Wellness Programs
    2. Discrimination in Wellness Programs
    3. Financial Incentives - When do They Penalize Employees?
    4. Biometric Testing - When is it Truly Job Related?
    5. Ensuring Wellness Programs are Truly Voluntary
  8. NIGHTMARE #8: Improperly Documenting Discipline and Termination Decisions
    3:45- 4:30, Faith C. Whittaker
    1. Essentials for Employee Evaluations - Documenting Problem Behavior
    2. The Dangers of Over Documentation
    3. Legal Essentials for Written Reprimands
    4. Social Media Postings and Misbehavior Documentation
    5. Termination - Avoiding Discrimination and Retaliation Claims
    6. Employment Record Best Practices

PETER K. NEWMAN, founder of The Newman Law Group, has more than 35 years of experience representing employers in all areas of labor and employment law with an emphasis on litigation avoidance and defense. As a former National Labor Relations Board attorney, in-house employment law counsel, and partner with several large law firms, Mr. Newman has a well-established reputation for providing practical answers for today's workplace problems. He has served several roles for his clients: litigator, having successfully represented employers in hundreds of cases involving employment discrimination, wrongful discharge, related torts, wage-and-hour violations, non-compete agreements and trade secrets; traditional labor lawyer, with extensive experience with all types of NLRB cases, union avoidance and decertification, collective bargaining negotiations; and workplace problem solver, providing day-to-day advice on personnel issues and employment law trainer, having trained hundreds of executives, managers and supervisors on how to avoid getting their employers - and themselves - sued. Mr. Newman was one of the first lawyers to be certified by the Ohio State Bar Association as a specialist in labor and employment law. He earned his B.A. degree, cum laude, from Miami University and his J.D. degree from Georgetown University Law Center.

TIMOTHY G. PEPPER is a partner with Taft Stettinius & Hollister LLP. He focuses his practice in the areas of litigation, labor and employment, and E-discovery. Mr. Pepper is a certified specialist in labor and employment law by the OSBA. He represents clients in federal and state courts, in arbitration proceedings, in administrative adjudications, and in government investigations. He is a member of the American, Dayton, and Ohio State bar associations. Mr. Pepper earned his undergraduate degree from the Ohio State University and his J.D. degree from the Ohio State University 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.

FAITH C. WHITTAKER is a partner in the Labor and Employment Law Department of Dinsmore & Shohl LLP. She has significant experience guiding clients through issues that arise in the workplace. Ms. Whittaker has handled a multitude of employment-related litigation for her clients, who range from local businesses to Fortune 500 companies. She has handled litigation relating to all facets of employment law, including but not limited to discrimination claims, retaliation claims, wrongful discharge claims, class and collective actions, claims relating to background checks, wage and hour claims, noncompetition issues, and common law tort claims. Ms. Whittaker also has handled numerous wage/hour and exemption issues for clients, and has extensive experience in negotiating settlements. She has conducted training for her clients related to a variety of issues, including Title VII, the Americans with Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act, The Fair Credit Reporting Act, and a variety of other state and federal employment statutes and regulations. Ms. Whittaker is a Cincinnati Bar Association trustee, chair-elect with the Executive Board for the Young Lawyers Section of the CBA, and previously served in the positions of vice-chair, secretary, and Social Committee chair. She is a chair for the CBA Labor & Employment Law Committee, and previously served as secretary. Ms. Whittaker previously served as trustee for the Cincinnati Bar Foundation. She earned her B.A. degree, cum laude, from the University of Dayton; and her J.D. degree from Northern Kentucky University, Chase College of Law.

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


Accreditation Details:

Continuing Legal Education

KY CLE: 6.00 Credit Approval Exp
This program has been approved as a technological CLE activity by the Kentucky Bar Association Continuing Legal Education Commission and may qualify for up to 6.0 credits, of which 0.0 hour relates to ethical considerations. No more than 6.0 hours of technological CLE credit may be earned during a reporting period.

Additional Format Options


How To Order

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