Employment Law Certificate Program For HR Professionals Agenda

Day 1

Preventing Workplace Discrimination

• Defining the employment relationship in the legal context:
• Understanding the “employment at will” doctrine and the implications for employers today
• Distinguishing between employees, independent contractors and contingent workers (leased, temporary, and part-time employees)
• How employment contracts impact the employer’s legal obligations
• Sources of employment law: Federal and state statutes, court decisions, government regulations and enforcement agencies
• Examining common law issues and employment-related torts

• Examining federal laws governing Equal Employment Opportunity (EEO) and prohibiting discrimination in employment practices
• Identifying the protected classes of employees under Title VII of the Civil Rights Act
• Understanding the theories of discrimination under the Title VII: Disparate treatment, disparate impact and mixed motive cases
• Lessons learned from court decisions in discrimination cases: Race, gender, religion and national origin
• Avoiding liability under the Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA), Rehabilitation Act, Pregnancy Discrimination Act (PDA) and Equal Pay Act
• Interactive Exercise: Analyze case studies of recent discrimination cases

• Examining the two types of sexual harassment cases: “Quid pro quo” and “hostile work environment”
• What the courts are saying about new forms of harassment claims: Same sex, same race and disability harassment
• Following EEOC guidelines for drafting strong harassment policies
• Critical steps to take to prevent workplace harassment: Implementing management training initiatives

• How the courts define unlawful retaliation: Examining the Supreme Court decision clarifying retaliation claims rules
• Examining EEOC guidance on retaliation claims
• Preventing retaliatory conduct through effective anti-retaliation policies and careful management training
• Steps you can take to resolve a retaliation claim before it ends up in court

• How to respond when an EEOC charge is filed
• Preparing for an EEOC investigation
• What are the advantages and disadvantages to participating in the EEOC’s mediation program?
• Maintaining a diverse workplace: Examining court decisions addressing affirmative action and reverse discrimination
• Clarification on OFCCP policies, regulatory initiatives and compliance audits

Day 2

Reducing Litigation Risks in HR Management Practices

• Carefully drafting ads for employment and job descriptions that comply with the law
• Ensuring that your Internet recruiting strategies comply with the law
• Interviewing candidates: Knowing what questions you should and should not ask
• Taking the necessary precautions to avoid negligent hiring liability
• Legally and effectively using screening techniques in making hiring decisions
• Complying with visa and I-9 requirements pursuant to Immigration Reform and Control Act (IRCA) and the Immigration and Naturalization Service (INS)
• Interactive Exercise: Participate in a mock interview of a job applicant

• Maintaining personnel files and employee medical records that comply with the law: Employee rights and employer responsibilities
• Deciphering what should and should not be kept in personnel files
• Drafting employee handbook provisions that comply with the law: Which policies are most likely to result in legal problems?
• Handling third-party access to files and subpoena of records
• Understanding which government agencies can audit your files and what information they are permitted to obtain
• Interactive Exercise: Evaluate sample handbook policies and identify problem spots that may lead to trouble

• Clarification on the complex provisions of the Fair Labor Standards Act (FLSA)
• Steering clear of common wage and hour law traps that employers fall into
• Clearing up the confusion regarding the classification of exempt and non-exempt employees and avoiding the payroll pitfalls
• Avoiding the legal perils of managing garnishments, levies and child support
• How to prepare for a Department of Labor audit and investigation
• Protecting yourself from individual liability for FLSA violations

• Understanding the employer’s obligations under ERISA, COBRA and HIPAA?
• Ensuring that your ERISA plan complies with legal requirements
• Tips for successfully tracking COBRA and staying in compliance
• What employers need to know about the new HIPAA medical privacy rules

• Defining the employee’s rights and the employer’s obligations under the Occupational Safety and Health Act: The employer’s “general duty” requirements and “special duty” to inform
• How to prepare for an OSHA inspection: What to do when the government comes knocking
• Clarification on the new OSHA record-keeping rules
• Avoiding the consequences for non-compliance: Citations, violations and penalties
• The vital facts that every employer should know about workplace ergonomics and the employer’s responsibilities under OSHA

Day 3

How to Navigate Leave, Disability and Absence Issues

• Understanding employer and employee rights and responsibilities under the FMLA
• Discover which FMLA issues are likely to result in litigation and how you can avoid the legal snares
• Examining the ever-expanding definition of “serious health conditions” and how you can determine whether your employee has one
• What are the employer’s obligations to give notice of FMLA leave designation?
• Dealing with employee requests for intermittent and reduced schedule leave
• Protecting yourself from the perils of individual liability for violations of the FMLA

• Deciphering how the statute and the courts are defining the key terms: Disability, impairment, perceived disability, major life activity, qualified individuals and more
• Ensuring that your job descriptions are in compliance with the ADA
• Determining when an employee is a “qualified individual” under the ADA
• What are the employer’s responsibilities to make “reasonable accommodations” for disabled employees?
• Successfully managing mental disabilities and stress claims
• Dealing with drugs and alcohol in the workplace

• Who is covered under workers’ compensation laws?
• Defining injury and illness “arising out of employment” and “in the course of employment”
• Deciphering the exclusions and the exceptions to workers’ comp coverage: Intentional acts, intoxication, safety violations, horseplay, sexual harassment and more
• Getting injured employees back to work as quickly as possible
• How to protect your organization: Tips on fraud prevention and detection

• Distinguishing between an FMLA “serious health condition” and an ADA “disability”
• Managing the interplay between leave requirements under the ADA and FMLA
• Handling workers’ comp claims that have ADA and FMLA ramifications
• Determining when you can run leave times concurrently under FMLA and workers’ comp
• Interactive Exercise: Work through case studies of your most difficult overlapping leave and disability law dilemmas

• Examining state and federal laws addressing pregnancy leave and accommodation
• Military leave: What are the employee’s rights and the employer’s obligations under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA)?
• State laws impacting employee leave for pregnancy, jury duty, voting, bereavement, school activities, vacation and more

Day 4

Legally Managing Disciplinary Problems, Terminations and Workplace Disputes

• Responding to a complaint of improper behavior or suspected misconduct
• What are the employer’s obligations in conducting investigations?
• Ensuring that your investigation is in compliance with the law
• Critical steps to follow when planning your investigation
• How to get the most out of your witness interviews
• Tips for drafting investigation reports
• Interactive Exercise: Take part in a mock investigation of employee misconduct

• Conducting legally sound and carefully documented performance appraisals that improve performance and can help defend a wrongful discharge suit
• Implementing progressive discipline procedures that focus on improving performance
• Clarification on the rights of union and non-union employees to representation in disciplinary meetings
• Ensuring that your managers follow company policy and the law prior to discharging an employee

• Critical steps to follow when severing the employment relationship
• Dealing with employees in protected categories
• Guidelines for conducting termination meetings and exit interviews
• Procedural due process and other legal issues impacting public employers
• Handling post termination issues: Unemployment compensation, employee reference requests and more

• Guidelines for minimizing your liability when conducting RIF’s
• Ensuring that you are in compliance with the Worker Adjustment Retraining Notification Act (WARN) and the Older Worker Benefits Protection Act (OWBPA)
• Avoiding constructive discharge liability by implementing safeguards for voluntary resignations and early retirements

• Understanding the key provisions of the National Labor Relations Act and how they impact union and non-union employers
• How to successfully deal with the Nation Labor Relations Board
• What you need to know about collective bargaining agreements
• Maintaining a union-free workplace: Understanding the non-union employer’s rights when responding to union organizing

Day 5

Recent Developments and Emerging Issues in Employment Law

• What are the recent trends in employment law litigation and the potential costs to your organization?
• Taking a fresh look at alternatives to traditional litigation: An update on Alternative Dispute Resolution(ADR)
• Understanding the “pros” and “cons” of arbitrating employment disputes in light of the recent Supreme Court case

• Discover the latest legal issues confronting employers in the electronic workplace
• Implementing internet, voicemail, email and cell phone use policies that will protect your organization
• Following legal guidelines for monitoring computers, e-mails and telephone calls: Avoiding employee privacy rights violations

• What issues your workplace should be considering in light of the recent terrorist attacks: Security concerns, emergency response, crisis management and more
• Department of Labor and OSHA guidelines to protect your workplace from new and emerging threats of violence
• Adopting and enforcing a workplace violence policy that will protect your organization

• Discover what new employment legislation has been proposed in Congress
• Hear predictions about current legal trends in the workplace and how this will impact your organization
• Find out which employment law issues are likely to plague you in the coming year