Seminar Agenda

COMPLYING WITH FEDERAL  EMPLOYMENT  LAWS

 Civil Rights Acts Of 1964 & 1991

  • What groups are protected by the law, and which ones are not
  • New EEOC regulations concerning protections for sexual orientation and LGBT status
  • When can a BFOQ allow you to make an exception
  • What are the two types of discrimination cases
  • Five steps to take which are guaranteed to prevent EEOC lawsuits

 Age Discrimination Act

  • Who is actually covered by the law
  • When you can and cannot ask applicants about their age
  • Four common mistakes which cause most Age Discrimination lawsuits
  • Why ADEA lawsuits are so dangerous

 Pregnancy Discrimination Act

  • When does a Pregnancy Leave begin
  • How long must a Pregnancy Leave be
  • What “reasonable accommodations” are now required by the EEOC
  • When can employees return from pregnancy leave
  • What are the pregnant employee’s job rights
  • How the Pregnancy Discrimination Act coordinates with the FMLA

 Family & Medical Leave Act

  • What are the four types of  FMLA leave
  • Which absences are covered by the FMLA – you may be surprised
  • Newly revised definitions of a “Serious Health Condition” and who is a “Spouse”
  • Two New Military Leave Categories – What you need to know
  • New reporting and notice requirements – 6 forms to use
  • What steps you should take to insure compliance and how to prevent abuse

 Americans With Disabilities Act

  • What is a “disability” under the ADA Amendments Act
  • New rules for evaluating who is “disabled” under the Disabilities Act
  • What questions you can and cannot ask applicants under the ADA rules
  • When are non-disabling conditions covered under the ADA
  • How to legally recruit, hire and manage under the ADA

 How To Prevent (Or Win) EEO Lawsuits

  • What 5 steps are essential to prevent or win EEO  lawsuits
  • What documentation you must have to avoid problems
  • Why employees should always sign disciplinary actions
  • What to do if an employee refuses to sign a written warning

 FEDERAL WAGE & HOUR LAWS

  • FLSA Minimum Wage, Child Labor & Overtime rules
  • Who is “exempt” from overtime under the DOL Overtime Regulations
  • Which employees are “non-exempt” and must be paid overtime
  • When do you have to pay for travel time and training time
  • Understanding the “Salary Basis” and “Base Rate” rules
  • Can you terminate employees who refuse to work overtime
  • Are rest breaks, lunch breaks or smoke breaks really required
  • The most common overtime mistakes – and how to avoid them

 OTHER FEDERAL EMPLOYMENT LAWS

  • Immigration Reform Act – New forms and E-Verify requirements
  • COBRA notification requirements
  • HIPAA – Who is actually covered and what is required
  • Fair Credit Reporting Act
  • Changes in Executive Orders affecting Wage & Hour and Civil Rights Laws

Written Summary of Following Laws:

  • WARN: Plant Closing Bill
  • FACTA, USERRA, NLRA
  • Polygraph Protection Act, Drug-Free Workplace Act
  • Equal Pay Act, Fair Credit Reporting Act

 H/R Recordkeeping Requirements

  • Why you should have at least 3 files for each employee
  • What information cannot be in the regular Personnel fie
  • How to comply with ADA, FMLA and FLSA requirements
  • How to get all your Federal & State labor law posters – FREE!

 NEW FEDERAL LABOR LAWS

  • Genetic Information Non-Discrimination Act
  • Lilly Ledbetter Fair Pay Act
  • Mental Health Parity Act

YOUR STATE’S  EMPLOYMENT LAWS

  • YOUR STATE’S  Civil Rights Laws:  Who is protected and how to comply
  • Employee Access to Personnel Files
  • Unemployment Compensation: 3 Reasons That Disqualify Employees
  • Wage Payment & Pay Day Laws
  • Rest Breaks and Lunch Breaks: Are They Really Required
  • Hours of Work & Overtime Regulations
  • Drug Testing & AIDS Testing
  • State and/or Local Paid Sick Leave Laws

CRITICAL ISSUES FACING MANAGEMENT

Preserving Employment-At-Will

  • What is the Employment-At Will doctrine
  • What are the most common exceptions to Employment-At-Will
  • Why Employment-At-Will won’t protect you from lawsuits
  • How Employee Handbook language can be used against you
  • How to avoid common Employment-At-Will mistakes

Avoiding Other Employment Lawsuits

  • What 5 common mistakes can trigger these types of lawsuits
  • Simple steps which will prevent wrongful discharge lawsuits
  • How to avoid “Intentional Infliction of Emotional Distress” claims
  • What can cause a “Negligent Hiring” lawsuit

Preventing Sexual Harassment Lawsuits

  • Quid pro quo vs. hostile environment cases – What’s the difference
  • How recent Supreme Court decisions have increased your liability
  • What are the 5 keys to preventing sexual harassment lawsuits
  • When managers can be personally liable for sexual harassment
  • How to resolve sexual harassment complaints effectively

EMPLOYMENT LAW COMPLIANCE GUIDELINES

 Recruiting & Hiring And The Law

  • Which recruiting techniques could cause legal problems
  • What questions you can and cannot ask applicants during interviews
  • What one sentence you should use to reject unsuitable candidates
  • Hidden legal dangers to avoid when making a job offer

Reference Checks & The Law

  • How to legally obtain information from reluctant employers
  • What reference checking questions are legal and illegal to ask
  • How to check criminal histories, credit histories and educational credentials
  • How to comply with the new EEOC criminal records check guidelines
  • When can giving a bad reference protect you from a lawsuit
  • What you can and cannot say about  former employees

Pre-Employment Tests & The Law

  • Which pre-employment tests are legal to use, and which are not
  • When should you give tests to job applicants
  • What criteria makes a test legally permissible for a job
  • Where to find effective pre-employment tests

Legal Attendance Control Procedures

  • Which absences are protected by the ADA and the FMLA
  • What common mistakes make most attendance policies worthless
  • What is a “No-Fault” attendance control policy and why they work
  • When can you fire employees, even if they have a Doctor’s note
  • Why you should have a “No-Call, No-Show” rule

Managing Employees Legally

  • Writing legal and effective Job Descriptions – Mistakes to avoid
  • Performance Reviews – How they can be used against you
  •  What to do if an employee says “it’s not my job”
  • Employee dress codes – what is legal and what is not legal
  • How to legally monitor e-mail, internet and telephone use
  • New: How to handle cell phone and internet abuse

Alcohol And Drug Testing Guidelines

  • When does the ADA protect alcoholics and drug users
  • When can you require applicants and employees to take drug tests
  • When can you test for “probable cause” or on a “random” basis
  • How the new OSHA anti-retaliation guidelines impact testing after accidents
  • Can you terminate employees who refuse to take a drug test

How to Legally Handle Employees with “Attitude” Problems

  • The 3 major types of attitude problems and how to handle them
  • What to do when employees refuse to perform assigned tasks
  • How to deal with “inherited” employee problems
  • How to legally discipline employees with attitude problem
  • One sentence that stops bad employees in their tracks

Legal And Effective Discipline Procedures

  • What 2 conditions are necessary for discipline to be effective
  • Avoiding the legal dangers of “progressive discipline”
  • How to develop ironclad documentation of a disciplinary interview
  • What to do if an employee refuses to sign a written warning

How To Legally Terminate Employees

  • How to implement a “Final Review” system for all discharges
  • When and how to conduct a termination interview
  • How to phrase the reason for termination – dangers to avoid
  • How to use our “Termination Checklist” to prevent discharge lawsuits
  • Why you should always “Fire Friendly”

Managing Layoffs – Legally & Humanely

  • What documentation you need to justify the layoff
  • How to legally select who to layoff – what criteria to use
  • When and how to conduct the separation interviews
  • What steps to take to help laid off employees find another job

 

FREE FOLLOW-UP TELEPHONE CONSULTATIONS!