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Legal and Compliance: Managing Employer Risk

February 13-14, 2013
This event has ended. Click Enter Event to view the archive.
Legal and compliance topics in HR cover complex processes, legislation and issues facing corporations and legal departments. It is important to adopt and implement an integrated approach to ensure the governance of federal, state and provincial laws and practices to avoid legal action.

Do you want that competitive edge in your professional space? Do you want to assert your knowledge of current HR topics, trends within your domain? Why not set yourself apart from your peers and get certified with HR.com and the Institutes for Human Resources (IHR).

The Institute for Human Resources (IHR), the certification and accreditation process arm of HR.com, has a program for you! Many HR professionals have a general HR degree or certification with a wide spectrum of HR functionalities learned. The IHR is the only institute that focuses on niche areas within Human Resources. A specialty certification increases your market value, adds value to your work experience, furthers your knowledge, and recognizes you as an industry leader and/or expert in the field.



Conference Webcast Schedule
speaker
Presenters:
Colleen Peck, IHR Facilitator - Social Media & Employee Communications/ Legal & Compliance - Managing Employer Risk(HR.com)
  

Welcome to the Institute of Human Resources and the Legal and Compliance: Managing Employer Risk second virtual event! We are thrilled to welcome you onboard and hope that you have a great learning experience over the next two days.

Legal and compliance topics in HR cover complex processes, legislation and issues facing corporations and legal departments. It is important to adopt and implement an integrated approach to ensure the governance of federal, state and provincial laws and practices to avoid legal action. This introductory conference session will welcome you to the second Legal and Compliance Event, give you an overview of the conference speaker line-up and introduce you to HR.com and The Institute of Human Resources (IHR). We will also share with you how to navigate around our virtual space and maximize your learning and networking opportunities during the event.

An overview of the IHR certification process will result in you leaving the session clear about how you can become recognized as having current and cutting edge expertise in HR related Legal and Compliance matters. The Institute for Human Resources (IHR), the certification and accreditation process arm of HR.com, has a program for you! Many HR professionals have a general HR degree or certification with a wide spectrum of HR functionalities. The IHR is the only institute that focuses on niche areas within Human Resources. A specialty certification increases your market value, adds value to your work experience, furthers your knowledge, and recognizes you as an industry leader and/or expert in the field.

Thanks for joining us and we look forward to your participation!

speaker
Presenters:
David Weisenfeld, Legal Editor, XpertHR(Reed Business Information)
  

This session will cover several critical pre-employment screening and testing issues of interest to HR professionals. XpertHR Legal Editor David Weisenfeld has reported on a host of employment law issues in his career from the Supreme Court to legislative and regulatory issues, and handles the company’s recruiting coverage on XpertHR.com.

From the use of criminal background checks for employment purposes to Ban the Box laws and credit checks, you will get caught up on key do’s and don’ts plus the state of the law. Quick reference charts will be included as well so multi-state employers are up to speed. Compliance topics regarding the Fair Credit Reporting Act (FCRA), including its notice and consent requirements, also will be discussed.

Another key issue will be the EEOC’s 2012 Enforcement Guidance on the use of arrest and conviction records – both for what it says and for what it does not say about employer use of these records.

In addition, drug testing of job applicants will be addressed, including what the state of recent state medical marijuana laws means for employers plus why the Americans with Disabilities Act cannot be overlooked. And finally, Weisenfeld will touch on the trend of mandatory E-Verify laws to confirm the work eligibility of new hires.

Whether you work in HR in the public or private employment sector, this is a webinar you will not want to miss. Any HR professional will find this session useful in terms of making sure their recruiting and hiring efforts are legally compliant.

speaker
Presenters:
Robert Brody, Labor and Employment Attorney(Management Trainers)
  

Federal court data shows that 90 percent of all state and federal class or collective actions filed in the United States are wage-and-hour claims. In 2010, the average settlement in the top 10 reported wage-and-hour class and collective actions was $34 million. The federal Fair Labor Standards Act applies to practically every employer in the United States and covers pay issues involving overtime (authorized and not), employer errors that affect an employee’s exempt status, record-keeping mandates, travel time, and much more. Enforcement of wage and hour law has become a top priority for the United States Department of Labor and state counterparts. If you violate the rules, the penalty can exceed 100 percent of the unpaid wages and you may have to pay the employee’s attorneys’ fees! Learn how to scrutinize your business policies now so that you will not be the next victim. What you learn here can help you avoid triggering a Department of Labor audit.

What You'll Learn:
• When employees can be paid a salary and when they must be paid hourly
• The impact of job titles on your legal obligations
• When unpaid interns are allowed
• Whether a salaried employee is exempt from overtime
• Payment requirements for unauthorized overtime
• What time and pay records employers must keep and for how long
• And much more valuable information

Join this live 60-minute webinar as nationally recognized employment attorney, Robert G. Brody, Esq., provides guidance for Human Resources professionals, Supervisors, Managers, Executive Team Members, Business Owners, and Lawyers on these crucial issues.

speaker
Presenters:
Lisa Sahli, Sole Practitioner(Lisa R. Sahli, Attorney at Law)
  

In this presentation, Ms. Sahli will offer unique perspectives on how and when to terminate difficult and/or disruptive employees who otherwise perform their jobs satisfactorily. Utilizing real-life case scenarios involving employees in protected classes, Ms. Sahli will identify the "do's" and "don'ts" of identifying and discharging difficult employees. In the program, Ms. Sahli will assist managers, H.R. professionals and others to identify problem employees early, and to overcome obstacles to prompt action. Ms. Sahli will reveal her approach to proper documentation of behavioral issues when not accompanied by performance problems. The program will include a discussion of "pretext," and how it often provides powerful amunitiion in suits brought by employees. While no honest attorney or H.R. professional can guarantee absolute protection from lawsuits, in her many years of representing employees, Ms. Sahli has identified a number of mistakes commonly made by employers, managers, H.R. professionals and in-house attorneys which not only increase the risk of litigation, but also increase the risk of meritorious lawsuits by employees. Most employees in the United States are employed "at-will." No employer should be required to tolerate a difficult, disruptive and/or divisive employee, and no federal, state or local law in the United States requires this. Still, employers, H.R. Professions and in-house attorneys often hesitate to dismiss such employees when they also fall into a protected class based on gender, age, race, national origin, disability, religion or sexual orientation, only to discover that the delay has multiplied obstacles to dismissing the employee. Ms. Sahli will introduce simple tools to more effectively manage and dismiss such employees in order to restore equanimity to the workplace, while minimizing the risk of costly lawsuits.

speaker
Presenters:
Michael Jacobson, Legal Editor(XpertHR)
  

Terminating an employee is an emotional, unforgiving process, fraught with pitfalls that often take a painful experience and make it more costly and time-consuming for employers after the fact. Given that the process by which one terminates an employee can either end the relationship with a clean break or create new and unimaginable problems for the employer, it is crucial for HR professionals to understand how best to go about it and what tools they have at their disposal to forestall conflict.

Most often, the process of termination begins with identifying the type of relationship the employee has with the employer. At-will employees are afforded fewer protections than contract employees, but they are still protected by federal, state and local laws, as well as notions of implied contracts, public policy considerations and so-called employment torts. Thus, there are many civil claims arising from improper, unfair or unnecessarily harsh terminations that employers should be aware of and take action to prevent. What good is it to fire a problematic employee if that individual merely creates additional, more severe problems for the employer after the fact?

HR professionals have many tools at their disposal to reduce these post-termination liabilities other than a mere assessment of the employee’s contractual status. In other words, they have many ways to discipline or even fire employees without getting burned. Specifically, HR has an intricate role when it comes to evaluating employees, giving them candid, thorough performance evaluations, managing their expectations, identifying problematic employees before they are forced out of the organization, taking steps to propose or reach agreements with employees before they leave the organization and, where conflict is unavoidable, working with in-house or outside counsel to successfully defend the employer against employment claims.

speaker
Presenters:
Eric Meyer, Attorney(Dilworth Paxson LLP)
  

Your employee handbook lays out most, if not all, of the policies and procedures, governing employees in the workplace. Years ago, your company engaged in an all-hands-on-deck effort to draft the handbook. It was practical, compliant, and it reflected company culture.

But my how times have changed -- why, just in the last year alone. Even putting aside the changes in the law, your business has likely evolved. What are the odds that your handbook is either fully compliant or accurately reflects where your company is (or wants to be)?

So, why has it been sitting in the corner there for over a year collecting dust?

Now, more than ever, your organization needs an up-to-date employee manual that is not only tailored to your business, but can provide protection from potential costly liability and litigation.

So, discover the tools you need to draft a practical and legally compliant employee handbook, in our new webinar featuring labor-and-employment-law attorney Eric B. Meyer, partner at Dilworth Paxson LLP and author of The Employer Handbook (www.TheEmployerHandbook.com).

Eric will discuss steps you can take now to construct an effective and legally compliant handbook, examine must-have policies, procedures, and protocols, explore how to avoid common pitfalls and mistakes, tackle the effect that technology continues to have on the workplace, and address distribution, acknowledgement and updating the manual.

Plus, you’ll have the opportunity to ask Mr. Meyer your questions during the live Q&A portion of the webinar.

Do you want to bulletproof your employee handbook? Then don't miss this webinar.

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HRCI
Did you know that each one-hour webcast is submitted to qualify for HR Certification Institute recertification credits? The archive of the webcast also qualifies recertification credits, for one (in some cases two) year(s) after the original broadcast. You can get your PHR, SPHR, GPHR and credits all without ever leaving your desk. We know how busy today's successful HR professionals are, which is why we're committed to delivering the best education to you in an easy and entertaining format. For more information about certification or recertification, please visit the HR Certification Institute homepage at www.hrci.org
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