This seminar is designed for human resource and payroll professionals, their administrative assistants and secretaries and business owners and managers.
Employment law issues occupy a significant amount of management and supervisory time. To make the most efficient and effective use of your time, you must understand the numerous and complex Texas and federal laws governing the employment relationship. This course is designed to give you an overview of the most significant employment laws affecting Texas employers and provide you with practical advice on how to implement these laws to ensure your company’s compliance with its legal obligations.
Topics to be discussed include:
• Labor Law For All Employers
• The Top Five Employer FMLA Mistakes
• Documenting Employment Decisions
• Retaliation Claims: The Litigation Trap And How To Avoid It
• Important Texas State Law Claims And How To Prevent Them
• The Americans With Disabilities Act (“ADA”)
• Hidden (But Dangerous) Employment Law Issues HR Professionals Need To Be Aware Of
• Ready, Aim, Fire: How To Properly Conduct Workplace Investigations
9:00 a.m. - 9:15 a.m.
I. Introduction And Overview
9:15 a.m. - 10:00 a.m.
II. Labor Law For All Employers
A. Protected Concerted Activity: What Even Non-Union Employers Need To Know
B. Employee Committees: What Are They And Why Employers Need To Know
C. Key Issues And Preventative Measures To Help Avoid An Unfair Labor Practices Charge
10:00 a.m. - 10:45 a.m.
III. The Top Five Employer FMLA Mistakes
B. The Top Ten Mistakes That Land Employers In Hot Water Under The FMLA
10:45 a.m. - 11:00 a.m.
11:00 a.m. - 11:45 a.m.
IV. Documenting Employment Decisions
A. Why Documentation Matters
B. What To Document
C. How To Document
D. Pre-Employment Matters
E. Post-Hire Initial Employment
G. Some “War Stories” About Employers Who Didn’t Document (Or Did So Badly)
11:45 a.m. - 12:45 p.m.
Lunch (On Your Own)
12:45 p.m. - 1:30 p.m.
V. Retaliation Claims: The Litigation Trap
And How To Avoid It
A. Overview: Why Some Employers Fall Into The Trap Easily
B. The Elements Of A Retaliation Claim
C. Exhaustion Of Administrative Remedies For Retaliation Claims
D. Avoiding And Responding To Retaliation Claims
1:30 p.m. - 2:15 p.m.
VI. Important Texas State Law Claims And
How To Prevent Them
A. Defamation: Loose Lips Sink Ships
B. Intentional Infliction Of Emotional Distress: Playing Nice With Employees
C. Workers’ Compensation Retaliation: Handling Injured Workers Without Providing Them With Evidence Of Retaliation
D. Sabine Pilot Claims: What Are They And How Can They Be Avoided
E. The Texas Payday Law: The Basics On Paying Employees Under Texas Law
2:15 p.m. - 2:30 p.m.
2:30 p.m. - 3:15 p.m.
VII. The Americans With Disabilities Act
A. Who Is Actually Disabled Under The ADA And What Employers Should Do If They Can’t Decide If An Employee Is “Disabled”
B. The “Regarded As Disabled” Problem (And How To Prevent It)
C. Employer Obligations Under The ADA’s The Interactive Process Requirement
D. Employer Obligations To Maker Reasonable Accommodations Under The ADA
E. How To Handle The Mentally Disabled Employee Who Is Committing Misconduct Because Of Their Disability
F. When Employers May Invoke The “Direct Threat” Defense Under The ADA
3:15 p.m. - 3:45 p.m.
VIII. Hidden (But Dangerous) Employment
Law Issues HR Professionals Need To
Be Aware Of
A. ERISA Section 510: What Is It (And Why Does It Matter)?
B. The Obscure Request For ERISA Plan Information: Avoiding $100.00 Per Day Penalty
C. Mistaken Classification Of Employees As Exempt Under The FLSA: A Costly Error
D. Constructive Discharge: “Firing” The Employee Without “Firing” Them; Not A Good Idea
E. Employees Who Tape Record Conversations And How To Deal With Them
3:45 p.m. - 4:15 p.m.
IX. Ready, Aim, Fire: How To Properly
Conduct Workplace Investigations
A. Reasons To Investigate
B. Sources Of The Legal Duty To Investigate
C. Sources Of Restrictions On Investigations
D. When Must You Investigate?
E. Investigation Preparation Checklist
F. Assessing The Goals Of The Investigation
G. Assessing The Pitfalls Of An Investigation
H. Choosing An Appropriate Investigator
I. How To Conclude The Investigation
J. Special Issues In Conducting The Investigation
K. Top Ten Principles Of Investigation
4:15 p.m. - 4:30 p.m.
X. Questions And Answers