The program will provide an overview of the steps which must be taken by an employer, as well as the documentation required of an employer, in order to comply with important legislation impacting its employment relationships and benefit arrangements.
The program will provide valuable guidance for business owners, human resource and finance executives of employers of all sizes. The program will also be helpful for attorneys, benefits consultants and accountants who are called upon to provide guidance to their clients in these important areas.
8:30 a.m. - 9:30 a.m.
1. Who Does It Apply To?
2. What Is Generally Required Under The Law?
B. Notice Requirements
1. Upon Commencement Of Coverage
2. Notices To the Plan Administrator Upon The Occurence Of A Qualifying Event
3. Notice To The Employee And Other Covered Parties Upon The Occurence Of A Qualifying Event
4. Additional Notices That May Be Required In Certain Circumstances
C. Recent Developments
1. Recent Guidance From The U.S. Department Of Labor
2. Litigation Update
D. Parallel New Jersey Requirements
1. What Is Required Under State Law?
2. The Coordination Of COBRA And State Law Continuation Requirements
E. Nuts And Bolts Compliance
1. What Can Be Done By A Small Employer To Comply And Protect Itself In A Cost Efficient Manner
2. What Should Be Contained In A Basic Compliance Program
3. Is Outsourcing The Solution?
9:30 a.m. - 10:30 a.m.
II. Family Leave
B. New Jersey Family Leave Act
C. Federal Family And Medical Leave Act
D. Notice And Documentation Requirements
E. Nuts And Bolts Compliance
10:30 a.m. - 10:40 a.m.
10:40 a.m. - 12:00 p.m.
A. General HIPAA Provisions
1. Legislative Intent/Purpose
2. What Do The HIPAA Regulations Cover?
3. What Is A Covered Entity?
4. What Is Protected Health Information ('PHI')?
4. Special Rules Hybrid Entities, Affiliated Entities
B. Employer Issues
1. When Is An Employer Subject To HIPAA?
2. Employers And Group Health Plan Administration
3. What Is An Employer Required To Do? What Is It Prohibited From Doing?
C. Business Associates
1. What Is A Business Associate And Why Does It Need An Agreement?
2. Business Associate Agreements What Should They Contain?
3. Responsibilities When An Agreement Is Breached
D. Compliance Issues
1. How Do I Assess My Company's HIPAA Compliance?
2. Addressing Non-Compliance And Related Issues
3. What Is A Permissible Disclosure Of Information?
4. Effective Dates And Enforcement Provisions
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:00 p.m.
IV. Americans With Disabilities Act
B. What Is A Disability?
C. Reasonable Accommodation And Other Aspects Of Nuts And Bolts Compliance
2:00 p.m. - 2:10 p.m.
2:10 p.m. - 3:15 p.m.
V. Employee Handbooks
A. Initial Overview
1. Does My Company Need An Employee Handbook?
2. Who Should Draft The Employee Handbook?
3. How Should The Handbook Be Distributed?
B. Handbook Provisions General Considerations
1. What Provisions Should Be Included In My Company's Handbook?
2. Retaining Employer Discretion
3. Coordination With Other Employee Communications
4. How/When Do I Update My Handbook Provisions?
C. Potential Pitfalls
1. Employment At-Will Disclaimers
2. Employee Classifications
3. Arbitration Provisions
4. Smoking Policy
5. Discrimination Policies
3:15 p.m. - 4:30 p.m.
VI. Employment At Will: Employment And
A. Defining The Relationship
B. Components Of An Employment Agreement
1. Intellectual Property
2. Terminations And Benefits Upon Termination
3. Restrictive Covenants
4. Compensation And Special Benefits
C. Negotiating The Agreement
1. What Are The Opportunities?
2. Special Concerns And Anticipating When Things Go Wrong
D. How To Document A Termination
1. What Is The Basis For The Termination?
2. What Should An Employer Do To Protect Itself
E. Severance Agreements And Releases
1. What Are The Pros And Cons?
2. The Required Provisions