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Agenda | Employment Law Beyond the Basics Seminar | Davenport, IA | December 14, 2011
Employment Law Beyond the Basics Seminar
  1. FLSA/Wage & Hour Crackdown
    1. Classification issues
      1. Exempt vs. non-exempt employees
      2. Independent contractor vs. employee
    2. Pitfalls in employers’ use of independent contractors, contingent workforce, e.g., staffing agency employees, to avoid payroll taxes
    3. On the clock or off the clock, e.g., meal breaks, pre and post shift activity
    4. Rise of collective/class action lawsuits
    5. E-Verify, I-9 forms
  2. Advanced FMLA and ADA Issues: What does the law really say?
    1. FMLA, ADA updates and EEOC guidelines
      1. Expansion of what can be considered a "disability"
      2. What constitutes accommodation — according to the EEOC
      3. Shift in prohibited action cases
      4. How new ADAAA rules impact HR and benefits
      5. Effect on FMLA and other leave policies
    2. Overlap of FMLA and ADA
    3. Discrimination
  3. Privacy and Social Media in the Workplace
    1. Balancing an employer’s right to know vs. employee privacy
    2. Wireless devices and employee and employer privacy violations
    3. Monitoring and creating policies regarding Internet, email, texting, and other electronic communications
    4. Use of social networking sites in the employment context: risks, best practices, and policies
    5. Off the job behavior, e.g., blogging and dating
    6. Case law studies
  4. Sexual, Racial, and Other Harassment and Discrimination
    1. Recent legislation and court cases B. Domestic partnership issues
    2. Harassment vs. discrimination
    3. Is it quid pro quo, harassment, or just obnoxious behavior?
    4. What constitutes a hostile workplace environment?
    5. Employer liability principles as they affect management of complaints
    6. Liability for claims of harassment by third parties
  5. Termination Best Practices
    1. Legal considerations, e.g., WARN Act, OWBPA B. Structuring severance/separation packages; COBRA
    2. RIF, layoffs, early retirement, performance
    3. Termination of the "difficult" employee: strategies for avoiding claims
  6. Health Care Legislative Update
    1. Planning for changes: 2012, 2013, 2014, and beyond