Employment Law Update

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Detailed Overview/Outline

PROGRAM SUMMARY
This seminar is your opportunity to learn the latest developments in the law and what you should be doing to comply with them, as well as techniques you can apply in daily human resource management to protect against the possibility of costly litigation. Employment law never stands still; the shift from paper-based record keeping to electronic Human Resources Information Systems is triggering a surge of issues that never existed before. Immigration law raises questions that most employers wish they could ignore but cannot afford to, while all the traditional challenges are constantly being re-defined. Regardless of your level of expertise, you will benefit from this seminar.

SEMINAR HIGHLIGHTS

• Hot topics in employment law
• FLSA and wage & hour laws
• The paperless workplace
• Foreign national employees
• Negotiating difficult separation agreements
• Navigating the minefield of leave laws

AGENDA

I. Employment Law Developments

• A. Equal employment developments with regard to employment practices: hiring and firing
• B. The increasing importance of written policies, employee handbooks, and documentation
• C. Minimizing employer risk in terminations
• D. Layoff considerations: Older Workers Benefit Protection Act; job transfers: seniority and pay issues
• E. The lurking threat of employee retaliation claims and how to avoid it: Elements of prima facie case of retaliation; Protected activity; Proximity in time; Tips to avoid retaliation claims

II. Stay out of Jail: Immigration Compliance Issues for Employers

• A. I-9 compliance issues / SSN mismatch / eVerification
• B. Undocumented or improperly documented employees
• C. ICE raids

III. Wage & Hour and the FLSA

• A. Regulatory update
• B. Pay for time not worked: vacation rules, time off the clock, travel time, on-call time
• C. Payroll issues: overtime, compensatory time off, wage offsets, bonus rules
• D. Other issues: exempt status, loss of salaried status, flexible workweeks
• E. Military leave rules

IV. Sexual, Racial, and Other Harassment in the Workplace

• A. Recent court cases and their implications
• B. What constitutes severe and pervasive conduct: is it harassment or just obnoxious behavior
• C. Ethnic, religious, political violence in the workplace
• D. Definition of a supervisor
• E. What constitutes acceptable policies and training
• F. Vulnerability to charges from harassed and harassers
• G. Strategies for avoiding litigation

V. Privacy in the Workplace and Conducting an Internal Investigation

• A. Privacy in the workplace: The developing law and practical applications
• -- 1. Screening job applicants: reference checks, credit checks, drug testing, etc.
• -- 2. Evaluating performance and investigating misconduct: surveillance of calls and e-mail, searches of the workplace, and polygraph tests, etc.
• -- 3. Privacy issues in formal complaint procedures and litigation
• B. How to lawfully conduct an internal investigation
• -- 1. Employer obligations re: privacy, confidentiality, and privilege
• -- 2. Electronic surveillance and e-mail files
• -- 3. The effect of the Fair Credit Reporting Act

VI. Protecting At-Will Employment

• A. Employment at-will, in theory, and in practice
• B. “Covenant of good faith and fair dealing” doctrine
• C. Eliminate any implied contractual relationships
• -- 1. Review all company literature
• -- 2. Train recruiters and trainers on "what not to say"
• -- 3. Consider getting an at-will employment statement
• D. Get in compliance with anti-discrimination laws
• E. Create and maintain proper documents in employee files
• F. Avoid wrongful discharge claims

VII. Developments in FMLA Compliance and the Overlap of ADA, FMLA, and WC When Dealing with Absences of Ill, Injured, and Disabled Employees

• A. Notice and medical certification
• B. Serious health condition - defined
• C. Return to work issues: equivalent position, discipline, and termination
• D. Pre-emption issues
• E. Recent developments in ADA
• -- 1. Supreme Court's opinions in Sutton and Toyota
• -- 2. Increase the number of persons considered having a "disability" under the ADA
• -- 3. Make ameliorative effects of mitigating measures (such as insulin for a diabetic) irrelevant for purposes of determining whether someone is "disabled"
• -- 4. Include persons with an impairment that is episodic or in remission in the definition of "disabled"
• -- 5. Expand the list of "major life activities"
• -- 6. Create a "fundamental alteration" affirmative defense for employers

WHO SHOULD ATTEND?

• Human Resources Professionals
• College & University Administrators
• Staffing Agencies
• Business Owners & Managers
• Payroll Professionals
• Labor Organizations
• Legal Service Organizations
• Immigrant Advocacy Organizations
• Attorneys
• -- Employment Law
• -- Immigration
• -- General Practice
• -- Labor Law
• -- Civil Practice

Sponsor Background:
Sterling Education Services Inc. continues a long tradition of continuing education programs first begun in Eau Claire Wisconsin in 1983, dedicated to furthering educational development within the United States through instruction of the public on subjects useful to the individual and beneficial to the community. A hallmark of this tradition is Sterling's dedication to excellence in its relationships with those it serves: faculty members, attendees, and employees. We strive to be fair and easy to deal with at all levels, delivering excellent service and value on time, every time.

Specifically, Sterling Education Services, Inc. offers seminars on timely topics relevant to succeeding in the constantly changing economic, legal, and cultural environment within which professionals, educators, governmental units and agencies, businesses, non-profit entities and individuals must operate today. Sterling Education Services brings its seminars to you, enlisting faculty members from among the most distinguished professionals in your area, who are experts in topics they are presenting.

You can attend a Sterling seminar in your own community, and learn what you need to know from people you know and respect, all at a reasonable fee. You will also receive hand-out materials that are permanently bound into a reference book that will be a valuable resource after the seminar. If attending a particular seminar that you need doesn't work for you, the seminars are also available on audio tape. We look forward to serving you.

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