Live Seminar

Troubleshooting HR Legal Nightmares

Seminar

Date:

Wednesday, April 11, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78794ER

Location:

Courtyard by Marriott Cincinnati Midtown/Rookwood

3813 Edwards Road

Cincinnati, OH 45209

$359.00

$349 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • KY CLE - 6.00
  • OH 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

Fix Problematic Employment Practices Before They Become HR Nightmares

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. Let our experienced attorney faculty highlight expensive legal mistakes other employers have made so you can proactively smooth out any employment law molehills before they turn into mountains - register today!

  • Spot critical errors that lurk in seemingly standard employee background check policies.
  • Avoid critical wage and hour errors by understanding the latest information on employee classification.
  • Confidently navigate the intersection of the FMLA, ADA and workers' compensation overlaps.
  • Analyze employee handbook for errors that have the potential to cause significant legal headaches.
  • Get the latest updates on employer legal obligations concerning gender discrimination, pregnancy discrimination and more.
  • Confidently navigate the maze of Affordable Care Act requirements employers must comply with.
  • Understand how the ACA and the ADA conflict with each other when it comes to employee wellness plans.
  • Ensure discipline and termination decision documentation is an asset and not a liability in the event of a lawsuit.

Who Should Attend

This intermediate level seminar on addressing the top HR legal nightmares is of benefit to:

  • Human Resource Professionals
  • Attorneys
  • Corporate Executives
  • Accountants
  • Payroll Professionals
  • Employee Benefit Consultants
  • Paralegals

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

Certified Payroll Professionals – Certified Payroll Professional: 6.00

Continuing Legal Education

Credit Hrs State
CLE 6.00 -  KY
CLE 6.00 -  OH

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. 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

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

KY CLE: 6.00
This activity has been approved by the Kentucky Bar Association Continuing Legal Education Commission for a maximum of 6.0 credits, of which 0.0 hour relates to ethical considerations.


OH CLE: 6.00
This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 6.0 CLE credit hours, including 0.0 hour of attorney professional conduct instruction.


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, attendee will be able to: 1. Identify two critical errors that lurk in seemingly standard employee background check policies. 2. Describe two critical wage and hour errors. 3. Describe the overlap of the FMLA, ADA and workers' compensation 4. State from recall two employee handbook errors that have the potential to cause significant legal headaches 5. Describe the latest updates on employer legal obligations concerning gender discrimination 6. Identify how to comply with ACA requirements. 7. State how the ACA and the ADA conflict with each other when it comes to employee wellness plans 8. Identify how employee discipline documentation can be an asset in the event of a lawsuit.

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 an intermediate level program presented in a group live setting. Accountants should have a basic understanding of ways to avoid HR nightmares. Upon completion of this course, attendee will be able to: 1. Identify two critical errors that lurk in seemingly standard employee background check policies. 2. Describe two critical wage and hour errors. 3. Describe the overlap of the FMLA, ADA and workers’ compensation. 4. State from recall two employee handbook errors that have the potential to cause significant legal headaches. 5. Describe the latest updates on employer legal obligations concerning gender discrimination. 6. State how the ACA and the ADA conflict with each other when it comes to employee wellness plans. 7. Identify how employee discipline documentation can be an asset in the event of a lawsuit. Field(s) of Study -- Personnel/Human Resources.

Professional Achievement in Continuing Education

N PACE: 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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How To Order

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