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 Advanced Employment Law: What You Need to Know Seminar

Presented by NBI, Inc.

Advanced Employment Law: What You Need to Know

Course Description

Handle Employment Law Difficulties with Confidence

Rapid employment law legislative and case law evolution has created complex legal questions for employers and employees alike. Merely keeping up with the increasing number of changes can be challenging for the most experienced of practitioners, not to mention practically applying them to demanding situations that may walk through the door at any moment. Attend this comprehensive, two day seminar and obtain the valuable information you need to navigate the rapidly changing employment law landscape. No matter which side of the aisle you represent, you are sure to take away tips and techniques for handling advanced-level issues - register today!

• Clarify confusion regarding workplace LGBT discrimination and create workplace policies that are in line with the latest developments.
• Resolve complicated matters concerning intermittent FMLA leave, termination of employees on leave and more.
• Confidently determine if workplace ADA accommodations constitute an undue hardship on employers.
• Obtain cutting-edge strategies to handle claims of retaliation.
• Get the latest information on FLSA changes and overcome hurdles they create.
• Detect fatal missteps employers make when they use independent contractors.
• Examine the complexities of non-compete agreements and determine to what degree they are enforceable.
• Analyze how attorney-client privilege is preserved - or refuted - during internal investigations.

Agenda

DAY ONE

1. LGBT/Sexual Orientation Discrimination: Navigating the Changing Legal Landscape
   9:00 - 10:00, Ryan B. Frazier
   1. Clarifying Transgender Employee Issues
   2. Workplace Policy Essentials
   3. State Law Updates
2. Independent Contractors: Detecting Employer Missteps
   10:15 - 11:15, Ryan B. Frazier
   1. Interpreting Recent Guidance
   2. Indicators That Scream "Independent Contractor"
   3. Independent Contractor Policies That Create Liabilities
3. Drugs and Alcohol in the Workplace: Medical Marijuana and Other Considerations
   11:15 - 12:15, Gabrielle Lee Caruso
4. Handling Employee Discrimination and Harassment Claims: Pregnancy, Race, Age, Gender, etc.
   1:15 - 2:15, D. Scott Crook
   1. Burdens of Proof: ENDA, Title VII and Other Considerations
   2. How Employers can Satisfy Burdens of Production
   3. Burden of Persuasion: Establishing Pretext for Discrimination
   4. Employer Documentation That Makes or Breaks Claims: with Examples
5. FMLA Complications: Intermittent Leave, Termination and More
   2:30 - 3:30, D. Scott Crook
   1. Verifying Intermittent Leave: Working with Healthcare Providers
   2. Avoiding Recertification Pitfalls
   3. Investigating Leave: Legal Use of Social Media and Other Tools
   4. Terminating Employees on FMLA Leave
   5. Documentation to Avoid Retaliation Charges
6. Retaliation Claim Legal Strategies: Defenses, Counter-Suits and More
   3:30 - 4:30, David J. Holdsworth

DAY TWO

7. Navigating the ADA
   9:00 - 10:00, David C. Castleberry
   1. Undue Hardship and Unreasonable Accommodations
   2. Fitness for Duty Tests: Weighing Legal Options
   3. Direct Threat - What Does it Mean?
8. The FLSA
   10:15 - 11:15, David C. Castleberry
   1. Salary Thresholds
   2. Exempt Employees and Non-Exempt Duty Pitfalls
   3. Changing Employee Classification
   4. Recognizing Liability in Handbook Policies, Job Descriptions, etc.
9. Responding to EEOC and State Agency Charges
   11:15 - 12:15, Lisa R. Petersen
   1. Evaluating the Claim
   2. Charge Investigation Best Practices
   3. Document and Computer Evidence Retention
   4. Position Statements as Potential Evidence in Litigation
10. Non-Compete, Non-Solicit and Confidentiality Agreements
    1:15 - 2:15, Lisa R. Peterson
    1. Geographic Scope
    2. Duration of Agreement
    3. Restricted Activities
    4. Hiring Employees with an Agreement: Assessing Liabilities
11. Internal Investigations and Attorney-Client Privilege: How it is Preserved or Refuted
    2:30 - 3:30, Clayton H. Preece
    1. Business Purposes vs. Legal Advice
    2. Analyzing Investigation Policies and Procedures
    3. Attorney Oversight of Investigations
    4. Documenting Investigation Legal Purpose
12. Ethical Issues in Employment Law
    3:30 - 4:30, Clayton H. Preece
    1. Key Rules of Professional Conduct
    2. Confidentiality
    3. Privileged Communications
    4. Identifying and Avoiding Conflicts of Interest

More Seminar Information

NBI, Inc. Summary Advanced Employment Law: What You Need to Know Delivery Method  Seminar Who Should Attend This advanced level seminar provides clear legal guidance for complying with employment laws and avoiding lawsuits for: Attorneys Human Resource Managers Presidents Vice President

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