This seminar is designed for human resource managers, payroll professionals, business owners, supervisors and managers.
The employment relationship in Indiana is increasingly more litigious. One result of a slow down in the economy has been increased job loss. Unfortunately, this increased pressure has resulted in an ever-increasing number of employment-related legal complaints. The HIPAA Privacy Rule has added to the burden confronting human resources professionals, supervisors, managers, executives and business owners. To deal effectively with these legal pitfalls, employers must be familiar with the various aspects of employment law. Failure to understand these laws can and has increased the number of lawsuits filed. Knowing the law and fully complying with it can be the difference between preventing the problem or ending up in court. Attendees will receive effective, practical training on how to avoid legal problems.
9:00 a.m. - 10:15 a.m.
I. Hello And Overview
A. Title VII Of The 1964 Civil Rights Act: Scope Of Coverage
B. Americans With Disabilities Act: Determining Disability; Qualified Individual With A Disability; The Accommodation Process
C. Age Discrimination In Employment Act: New Challenges For Employers
D. Sexual Harassment: The Movement To State Courts
E. Family And Medical Leave Act: Overlap With ADA And Worker’s Compensation
F. Fair Labor Standards Act: The “New But Old” Hot Button In Employment Law
10:15 a.m. - 10:30 a.m.
10:30 a.m. - 12:00 p.m.
II. The Fair Labor Standards Act: Wage And Hour Pitfalls
A. Understanding “Exempt vs. Nonexempt”
B. Calculating Overtime Compensation
C. “Comp” Time In The Private Sector
D. “White Collar/Admin” Exemptions
E. Case Review – Awards – Penalties
F. Special Considerations Of Paying Wages Under Indiana Law
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:30 p.m.
III. Sexual Harassment In The Workplace
A. Recognizing Sexual Or Other Forms Of Unlawful Harassment
B. Investigating Complaints
C. Applying The Disciplinary Process To The Harasser
D. Protecting Yourself, Your Employer And Minimizing Liability
2:30 p.m. - 2:45 p.m.
2:45 p.m. - 3:30 p.m.
IV. HIPAA Privacy Rule – FMLA – ADA Overlap
A. HIPAA Privacy Rule And Employers: Role Of The Privacy Officer; Employee Training On The Privacy Rule
B. The Privacy Rule And The FMLA
C. The Privacy Rule And The ADA
3:30 p.m. - 4:30 p.m.
V. Lawful Employee Discipline Up To And Including Discharge
A. Identifying The Problem
B. Effective Coaching And Counseling – Documenting The Process
C. Moving To Verbal Warning – Documenting The Process
D. Moving To Written Warning – Documenting The Process
E. Preparing For And Conducting The Discharge Meeting