The Conference on State and Federal Personnel Laws

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Detailed Overview/Outline

You’ll learn ...

• High tech privacy issues are one of today´s hottest topics. Are you covered?
• Is it safe to terminate during probationary periods without legal challenges?
• Could your employee handbook backfire on you in court? Here´s how to find out
• Clarifying the often-misunderstood requirements of ADA and FMLA
• And much more

Employers are faced with a myriad of personnel laws that change almost daily. To really protect your organization and your employees, you´ve got to stay up to date on these ever-changing federal and state personnel laws. Stay on firm ground by being thoroughly briefed on ways to protect your company from monumental legal costs. Get the facts on "at-will" termination, pre-employment screening, exempt/non-exempt classification issues, the requirements of ADA and FMLA and more.

This important conference contains two tracks and 10 information-packed sessions to choose from. Attend one track from start to finish, or mix and match the sessions to meet your particular needs.

CONFERENCE AGENDA
OPENING SESSION: 9:00 – 9:35 a.m. — How to protect yourself (and your organization) in today´s lawsuit-happy world

TRACK ONE: Staying on Top of Evolving Legal Issues

Session 1: 9:50 – 10:40 a.m.

Legal alert: Up-to-the-minute facts, rulings, decisions and trends on federal and state changes you must know about

The days when you could leave employment law concerns in the hands of your attorney are over. Today you´re in the hot seat, expected to know countless laws, regulations and federal and state decisions so you can adjust and modify your company´s employment practices accordingly. This session will help you do just that by giving you an up-to-the-minute update on the exact information you need to know. Then the session leader will give you expert insight and interpretation on each law and regulation—clearing up the confusion of contradictory laws and telling you how to apply and put into action what you learn. If you have any questions about how to comply with federal or state employment laws while still keeping your business competitive, you can´t afford to miss this session!

Session 2: 10:55 – 11:45 a.m.

Legal update: What you need to know about "at-will" termination

While, in theory, employers have the right to terminate employees "at will," legislative actions and court decisions continue to chip away at your right to discipline and discharge employees, diluting your ability to create the work environment you need to succeed. And, in a growing number of lawsuits initiated by employees against their employers, sympathetic courts and juries are awarding large settlements intended to "send a message" to employers. Attend this session for the legal fuel you need to terminate safely, in spite of the continuing erosion of the employment-at-will doctrine.

Topics include:

• Beware! Before you dismiss an employee during a probationary period, guard against new legal challenges you face in this fast-changing area
• How to scrutinize your employment contracts for language that ties your hands in determining who you can and can´t terminate
• Recent federal and state rulings that impose severe limits on the employment-at-will doctrine ... ignore these at your own risk
• How to audit and tighten your discipline and termination

Session 3: 1:00 – 1:50 p.m.

How to stay on the legally safe side of misunderstood exempt/nonexempt classification issues

Over the years, employers have routinely but innocently violated the complex laws governing exempt/nonexempt classification of employees. But recently, the Department of Labor has put a priority on seeking out classification errors—and businesses found not in compliance run the risk of devastating back pay and overtime liability settlements. Don´t be taken by surprise ... get the information and legal insight you need to get your classifications in order and avoid serious liability.

Topics include:

• There´s no simple answer to proper exemption classification ... but these rules will help you avoid the most common mistakes
• Get up to speed on new, far-reaching changes in wage and hour law
• Isn´t everyone covered by the most commonly claimed administrative exemption? Beware of the frequent misapplications of the term "discretion and independent judgment"
• How to audit the job functions of each of your employees and realign job responsibilities and staffing ... so your exemptions are correct
• Should you dock exempt employees´ pay? Understand the legal minefields in this evolving area and how a mistake could undermine your entire work force´s exemption

Session 4: 2:05 – 2:55 p.m.

Safeguard your company from changing employment discrimination laws—and keep the EEOC from knocking at your door

Discrimination litigation is on the rise, and it is one of the most expensive and time-consuming legal actions to defend against. Even a small error can be devastating. Here´s your opportunity to get completely up to date on the EEOC´s latest rulings and more that are on the way ... and to get your internal policies and procedures in line.

Topics include:

• The very latest enforcement focus of the EEOC and how to avoid problems now
• How to re-examine your documentation to keep your company in line with the EEOC´s latest rulings
• Alert! If you require employees to speak English only, here´s information you can´t afford not to know
• Late-breaking changes in the status of "testers" ... do you need to worry about them anymore?

Session 5: 3:10 – 4:00 p.m.

High-tech privacy: What courts are saying (and what you need to know) about employees´ rights concerning e-mail, voice mail, the Internet and much more!

Employee monitoring is one of HR´s hottest issues as recent technological advancements and concern for employee privacy collide. What are your rights in monitoring telephones, computer terminals, voice mail and e-mail? This session examines both sides of this controversial subject to ensure you have the information you need to stay on firm ground.

Topics include:

• Know how far your rights extend in the use of video surveillance to track pilferage, safety hazards and other employee activities
• Privacy: Your obligations and your responsibilities to employees ... both on and off the job
• Where the law stands when employees anonymously "vent" or harass others through electronic bulletin boards and chat rooms
• Your best protection against an employee who claims you intercepted and reviewed e-mail—do this today!
• You can legally monitor computers, phone calls and e-mail ... but you must strictly follow these guidelines

TRACK TWO: Managing Employees

Session 1: 9:50 – 10:40 a.m.

Yes, you can discipline and fire for attitude problems—legal ways to handle this problem and make your decisions stick

The discipline and termination of problem employees is essential if you´re to keep productivity and morale up. But when the problem is a poor attitude or negative personality, it can get tricky, and even the sharpest employers can get tripped up. In this session, get answers and information you can depend on as you assert your right to staff your business with the people you need to succeed and get rid of those who hamper your progress.

Topics include:

• How to put "attitude" in your job descriptions and save yourself lots of legal trouble later
• How to fire for bad attitude—the right way—without fear of a wrongful termination lawsuit
• How to create strong, legally solid documentation that will back you up in court
• Attitude vs. performance: Learn how to deal with employees who demonstrate attitude problems even though they´re doing their jobs

Session 2: 10:55 – 11:45 a.m.

How to carry out the requirements of the ADA and FMLA and develop a worry-free paper trail

The ADA and FMLA have been law for some time. But the courts are still struggling to define their parameters, causing endless confusion about where the laws overlap—or even conflict. As an employer trying to sort out your compliance strategy, you´re left with more questions than answers. This session will shed new light on recent court decisions, address the latest legal "hot spots" surrounding both laws and provide clear direction as you update and lawsuit-proof your practices.

Topics include:

• ADA Update! Find out what the courts—in your state—are saying about two unexplored areas: Mental and stress-related disabilities and managed disease
• Clarifying the often-misunderstood basic requirements of the ADA and FMLA ... your company´s legal defense begins here
• New, valuable guidance on how to control absenteeism in light of recent state and federal laws
• Bonus! A checklist of essential compliance tools for a plan of action that is crystal-clear ... and liability-free

Session 3: 1:00 – 1:50 p.m.

Policy and procedure update: Here´s how to make sure your employment practices are in line with this year´s changing laws and regulations

Is your employee handbook a ticking time bomb? You may think you´re on legally solid ground, but a judge may well disagree. More and more courts are treating handbooks as binding employment contracts which create legal rights and obligations which cannot be modified or terminated in the same way as "at-will" relationships can. Attend this session to find out what is happening in these cases, how handbooks are eroding employment-at-will, and how to head off problems in your organization.

Topics include:

• Could your handbook backfire on you in court? How to perform your own legal audit to root out and eliminate potential problems
• How to use your handbook to make it clear that your employees are "at-will" ... and why it is essential you do so
• Know the approach your state takes in interpreting employee handbooks
• If you think you´re safe because your handbook contains a legal disclaimer, think again

Session 4: 2:05 – 2:55 p.m.

Risk avoidance—how to insulate your company from the financial drain of costly litigation

Hopefully, your company will never have to suffer through a long and messy litigation process. It can be financially devastating—in fact, some companies never get back on their feet. But in today´s lawsuit-happy environment, you must be prepared. Attend this session and explore the legal pros and cons of two increasingly popular ways to protect your company. Walk through a legally safe internal investigation process in an effort to prevent costly litigation down the road. If you haven´t yet had to follow up on an allegation of harassment, drug abuse, theft or other employee misconduct, chances are you will. Can alternative dispute resolution (ADR) really keep you out of court and save you money? Will Employment Practices Liability Insurance (EPLI) protect you from every claim? Get the answers here.

Topics include:

• A clear guide to conducting your own error-free internal investigations
• Your rights and responsibilities during an investigation
• Is ADR still a viable option in light of recent court decisions?
• How to weigh whether EPLI is right for your company

Session 5: 3:10 – 4:00 p.m.

Have you updated your pre-employment screening practices to address the latest legal developments? Here´s how

Do you sometimes feel like you just can´t win when it comes to pre-employment screening? If you don´t check out candidates carefully and a troublemaker is hired, you could have many problems trying to discipline or terminate this employee. And if you do attempt to get a complete background check on a promising applicant? That process is full of perils too, including negligent hiring, violation of privacy, defamation and ADA violations. The answer? Attend this session and gain insight into how to expertly balance your need to know who you´re hiring with growing and complex legal restrictions.

Topics include:

• Recent litigation that limits how pre-employment tests may be administered
• Get up to date on the far-reaching and growing impact the ADA now has on pre-employment tests
• Knowing why psychological tests are so difficult to defend and what you can do to get on firm legal ground
• A legal framework for conducting drug tests and background checks that strike a balance between employer need and employee privacy

Sponsor Background:
SkillPath's seminars, videos, audiocassettes, books and software packages offer expert guidance on everything from how to get the most from the latest version of your favorite computer programs to how to manage people, time, projects or priorities and just about everything in between. At current count, SkillPath's curriculum includes more than 60 different seminar topics and nearly 200 book, audio and video titles.

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Cancellation Policy: Cancellations received up to five business days before the workshop are refundable, minus a registration service charge, which you may apply toward any future workshop. After that, cancellations are subject to the entire workshop fee, which you may also apply toward a future workshop. Please note that if you don’t cancel and don’t attend, you are still responsible for payment. Substitutions may be made at any time.

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