Agenda / Content Covered

All times are shown in Eastern time

1. Hiring and Firing: Mastering Legal Essentials
   10:00 - 11:00, Douglas W. Desmarais
   1. Interview Questions: What to Ask and How to do it
   2. Verifying I-9 Eligibility: The Latest Updates
   3. Job Postings to Job Descriptions: Ensuring Legal Compliance
   4. Using Arbitration Clauses - Recent Developments
   5. Problem Employees: Using Proper Discipline Procedures
   6. Terminating Employees: Legal Best Practices
   7. Conducting Exit Interviews
2. The FLSA: How Employers Need to Comply
   11:15 - 12:15, Louis R. Cohan
   1. FLSA Updates: Recent Guidance and More
   2. Classifying Employees as Exempt: Recent Court Decisions
   3. Properly Calculating Travel Time
   4. Mealtimes and Breaks: When Are They Compensable?
   5. Independent Contractors: Ensuring Proper Classification
   6. Telecommuting and FLSA Compliance
   7. Handling Unauthorized Overtime and Off-the-Clock Work
   8. Keeping Records That Prove FLSA Compliance
3. Handling FMLA and ADA-Related Leave
   12:15 - 1:00, Douglas W. Desmarais
   1. FMLA, ADAAA and Workers' Compensation Interactions
   2. Verifying FMLA Leave Requests
   3. Using New FMLA Tax Credits
   4. Leave as an ADA Reasonable Accommodation
   5. Investigating Leave Misuse and Abuse
   6. Return-From-Leave Best Practices
   7. FMLA and Compensability of Breaks
   8. Terminating Employees on Leave
4. Non-Compete and Non-Disclosure Agreements: How to Review and Draft
   1:30 - 2:15, Andrea F. Hoeschen
   1. Enforceability - What the Courts Say
   2. Drafting and Enforcement of Non-Compete Clauses
   3. Determining the True Scope and Duration of Agreements
   4. Language to Include - and to Watch Out for
   5. Reviewing Sample Non-Compete and Non-Disclosure Agreements
5. #METOO: How Employers MUST Handle Sexual Harassment Claims
   2:15 - 3:00, Andrea F. Hoeschen
   1. Key Laws Governing Discrimination and Harassment
   2. Defining - and Recognizing - Sexual Harassment
   3. Putting Sexual Harassment Policies in Place: Key Elements and More
   4. Investigating Sexual Harassment Allegations
   5. When Harassment Occurs: Critical Steps Employers Must Take
6. Appropriate Legal Responses for Sensitive Workplace Issues
   3:15 - 4:00, Andrea F. Hoeschen
   1. Employee Social Media Use
   2. Drug and Alcohol Abuse
   3. Medical Marijuana Use
   4. Workplace Bullying
   5. Violence in the Workplace
   6. Firearms in the Workplace: Concealed Carry, Parking Lot Laws, etc.
7. Ethics for Employment Attorneys
   4:00 - 5:00, Louis R. Cohan
   1. Confidentiality
   2. Conflicts of Interest
   3. Professional Conduct
   4. Attorney Fees

Accreditation Details:

LOUIS R. COHAN founded Cohan Law Group, L.L.C., in 2011, following 18 years with Weinstock & Scavo, P.C., and has been a trial lawyer for more than 25 years. His experience includes litigation of more than $100 million in claims in both state and federal courts in Georgia and around the U.S., arbitrations, more than 50 trials, and at least 100 mediations. Mr. Cohan has done work in breach of contract, fraud, injunctive relief, punitive damages, employment, trade secrets, real estate, construction and construction defects, and civil rights litigation. His practice is concentrated on business litigation and employment litigation. Mr. Cohan has been selected as a Super Lawyer and one of Georgia Trend Magazine’s Legal Elite many times. He serves on the boards of the Atlanta Bar Association (treasurer - Litigation Section, chair - Small Firm Section) and the Atlanta Bar Foundation, as well as being a member of the American Board of Trial Advocates (ABOTA). Mr. Cohan earned his B.S. degree from UGA and his J.D. degree from Emory School of Law.

DOUGLAS W. DESMARAIS is a partner with Smith & Downey, P.A., in Baltimore, where his practice deals with all aspects of employment relationships. He has a particular emphasis in his practice on educating employers about the many labor and employment laws that govern the workplace, and then helping those employers comply with these laws, thus avoiding costly and time-consuming litigation. Additionally, Mr. Desmarais has extensive experience in representing clients before the EEOC, DOL, OFCCP, NLRB, and numerous other federal, state and local agencies and courts. He is also a frequent lecturer on employment-related topics, and he is the editor and co-author of the first edition of the American Bar Association’s Model Jury Instructions for Employment Litigation. He is admitted to the bars of Maryland and the District of Columbia. Mr. Desmarais earned his B.A. degree from Brigham Young University, his J.D. degree from the University of Maryland School of Law, and his LL.M. degree in labor law from Georgetown University School of Law.

ANDREA F. HOESCHEN is an attorney with Carlson Dash, LLC. She has more than 20 years of experience practicing labor and employment law. Ms. Hoeschen's practice includes drafting and negotiation of employment contracts, non-compete agreements, employee handbooks and severance agreements. She also advises clients on matters of compliance with all state and federal labor and employment laws, and has litigated a wide variety of matters arising under ERISA, the NLRA, the FMLA, the FLSA, the ADA, and state and federal employment discrimination laws. Ms. Hoeschen is admitted to practice in all state and federal courts in Wisconsin, as well as in the Fifth, Sixth, Seventh, and Eighth Circuit Courts of Appeal, and the Eastern District of Michigan. She is a member of the State Bar Labor and Employment Section, and chairs the Wisconsin Lawyers Assistance Program Committee. Ms. Hoeschen earned her J.D. degree from Tulane Law School.