Wage and hour class actions continue to sweep through the country and are now the leading type of class action filed nationwide representing 91% of all employment law class actions. These cases are attractive to plaintiffs’ lawyers and devastating to employers because they often result in massive awards or settlements in the tens of millions of dollars.
As employers are learning to comply with the basics of the law, employee claims are targeting new practices that many employers have not considered. This program focuses on identifying these hot button issues and the steps employers should be taking to resolve them now.
In this presentation, Jason Rothman, an employee benefits attorney with the international labor and employment law firm of Ogletree, Deakins, Nash, Smoak and Stewart, P.C. will cover two key employee benefit plan issues that all employers must understand: (1) the Affordable Care Act employer mandate, including guidance issued this summer delaying employer mandate assessments until 2015; and (2) the U.S. Supreme Court’s recent decision in the case of United States v. Windsor ruling that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. These two developments significantly impact employee benefit plans and require employers to take strategic action in the near future to comply with the requirements thereunder.
Are you at risk? Forty-three percent of employers plan to hire temporary and contract workers in 2013, up from thirty-six percent last year, according to CareerBuilder's annual job forecast. However only thirty-five percent of these companies report they screen these workers—leaving them at risk for negligent hiring lawsuits if they have not done due diligence in verifying that contractor’s history. According to Human Resources Management, the average settlement of a negligent hiring lawsuit is nearly $1 million. Employers that go to court for negligent hiring lose the case 79% of the time. Attend this session to learn the five easy steps a you can take to screen your contractor, vendor or temporary help to hold them to the same standards as your employees.
Departing employees continue to walk away with sensitive employer information when they resign or are fired. Often times the employee uses a planned approach to take the information and uses it in a competing venture or new job. What can employers do to prevent this type of theft? This presentation will address the suggested policies and procedures employers should use from day one of the employment relationship through the departure. These range from confidentiality and non-disclosure agreements to non-compete/non-solicitation agreements. The presentation will also address practical solutions employers can use to protect proprietary information.
Though no policy or agreement is foolproof there are definite steps that should be considered to thwart the former employee and avoid having to go to the courthouse.
Every person recruited by a recruiter or staffing professional has the potentials to create a disaster if the candidate is hired and proves to be dangerous, unqualified, unfit or dishonest. A recruiter can choose to simply roll the dice and leave their fate and professional reputation to chance, or a recruiter can learn the basics of due diligence in order to legally recruited safe, qualified and honest workers. In this webinar, learn how to legally select honest and qualified people for your clients or organization by using best practices to avoid bad hires and the professional and legal fallout just one bad hiring decision can create. In addition, understand recruiters legal liabilities if a background check are not done right. The session will also cover the legal limits on recruiters using social media as well as the increased focus on practices that do not discriminate.
For employers with U.S.-based operations, there are a number of important credit opportunities that can be used to offset rising employer taxes. These credits are often missed or not pursued to their full potential; however, an optimized credits program can drive very material savings to your organization.
In this presentation, we will explore the use of best practices to derive maximum potential value from tax credit opportunities.
FICA SUB Pay Protective Filings
Post-M&A "Successor Employer" Credits
General UI Account Review (Housecleaning)
Hiring Incentive Programs such as WOTC and the HIRE Act
The approach of the presentation will be to help payroll professionals:
assess the effectiveness of their current credit administration (if any);
quantify the potential value of credits;
do a rough diagnostic to identify which credits may be worth pursuing in terms of likely eligibility and ROI;
identify common mistakes to avoid and best practices to help extract full value from their credit programs for maximum $avings.
Whistleblower claims brought under federal safety, health and environmental statutes can be costly and disruptive to your business, and claims may involve actions that an employer did not realize could be considered discriminatory. Find out how best to coordinate between safety and HR activities, to avoid prosecution under these statutes, and how to defend against claims when a complaint is filed.
This presentation will cover how to structure your incentive and disciplinary programs to avoid scrutiny by the government, how to document adverse actions properly, and how to address situations involving "bulletproof" employees in a legally sound manner.
The remedies available to whistleblowers and unique aspects of some laws - such as "temporary reinstatement" provisions that may require actual or economic reinstatement while a case is pending - will also be discussed.
In this attorney approved / information packed seminar, participants will learn about Cost Containment Strategies, Best Practices, and tools used by companies to become more profitable in this new economy as it relates to best practices for Workers' Comp administration. If you are like most successful businesses, you need to cut your expenses and you want to be more profitable. This program was developed to help you attain these goals, in addition to reducing your business risk.
Reducing Your Business Risk
Understanding the Importance of "Total Cost of Risk"
New advances in technology result in employees expecting more flexibility, information and empowerment. Is your organization ready to meet these demands? Will your Workforce Management solutions stand up to the challenges coming your way?
In this one-hour seminar, we'll analyze the issues that 'the wave of the future' causes. We'll help employers understand and evaluate the why. Why today's employees expect more flexibility. Why your organization should consider embracing technological advances as an advantageous method of progressing your company’s culture. Then, we'll analyze the how. How to manage your employees effectively while still entrusting them with ‘loose reigns.’ How to comply with the increasing, ever more burdensome, legal regulations imposed by the Department of Labor.
This presentation provides an in-depth look at the issues employers face on a daily basis regarding the Internet, e-mail usage, and social networking tools. These issues include the different mediums of social media that now exist and the related legal problems, for example, in the hiring of employees, communication and crisis planning, employee discipline, social media policies, post-employment scenarios, and other legal issues associated with social media. The legal implications of social media law are both new and constantly evolving, and it is important for your organization to have an understanding of the impact they can have on your business, both for legal reasons and clear employee communications.