This seminar is designed for human resource managers, payroll professionals, business owners, supervisors, managers and attorneys.
This seminar is designed to update and assist management in recognizing significant current labor and employment law issues.
The program will address:
• Establishing The Employer And Employee Relationship
• Employer Responsibilities And Compliance
• Terms And Conditions Of Employment
• Discipline And Termination
• Litigating An Employment Case
The faculty brings a wealth of experience in addressing and solving employment and labor law problems.
9:00 a.m. - 10:00 a.m.
I. Establishing The Employer And Employee Relationship
What to do, and what not to do, in preparing applications, advertising for vacant positions, conducting interviews, and checking references. This presentation will also cover the applicant’s privacy rights and how to avoid a claim of discrimination before the employment relationship is even formed.
10:00 a.m. - 12:00 p.m. (Break 10:45 a.m. - 11:00 a.m.)
II. Employer Responsibilities And Compliance
A. ADA And FMLA Leave Issues:
Analysis of employee leave issues stemming from the requirements of the Americans with Disabilities Act and the Family Medical Leave Act. This session will briefly cover the requirements of each statute and how they impact an employer’s leave policies and practices.
B. Unlawful Harassment:
Guidance on actions employers should implement to reduce exposure for harassment liability, including proper policies, procedures and training, and the continuing violations doctrine in harassment cases.
C. Violence In The Workplace:
Practical advice for responding to employee threats/violence in the workplace.
D. Employer Postings:
General overview of state and federal postings required for employer compliance.
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:15 p.m.
III. Terms And Conditions Of Employment
A. Wage And Hour Law:
Learn who is entitled to overtime and how to calculate it. The standard overtime exemptions will be covered, along with the ways those exemptions can be lost and the impact of the proposed new federal overtime regulations. The mechanics of payment, as covered by the West Virginia Wage Payment and Collection Act will also be discussed.
B. Employee Retirement Income Security Act Of 1974:
Discussion of ERISA’s notice requirements, information that must be contained in summary plan descriptions, denial of benefit claims, and impact of HIPAA on the administration of employee benefit plans.
2:15 p.m. - 2:30 p.m.
2:30 p.m. - 3:15 p.m.
IV. Employee Discipline And Termination
Guidance on avoiding discrimination claims, including progressive discipline, and documentation. This presentation will also cover basic termination policies, termination procedures (including exit interviews), and post-termination issues (including references).
3:15 p.m. - 4:30 p.m.
V. The Business Of Litigating An Employment Case
How a human resources director can help prepare witnesses, explain discovery, track the litigation file, and answer questions for the work force without violating privileges.