Agenda

1. Recent Developments in Employment Law

2. Is Your Employee Handbook up to Date? Essential Components and Sample Policies for Today's Workplace

3. Wage and Benefit Issues

   1. Fair Labor Standards Act (FLSA)
      1. Misclassification of Employees (Exempt/Non-Exempt)
      2. Unpaid Overtime or Prework Time
      3. Calculating the "Regular Rate"
      4. Meal and Rest Breaks
      5. Fluctuating Workweek Pay and Tip Credit
      6. Unauthorized Work and Working Off-the-Clock
      7. Non-Exempt Employee Travel
   2. Benefits: Health Insurance, Flex Spending, and Retirement Plans
      1. Modifications to the Consolidated Omnibus Reconciliation Act of 1985 (COBRA)
      2. Changes to Flexible Spending Accounts
      3. Employee Retirement Income Security Act (ERISA) - Pitfalls to Be Wary Of
   3. Leave Policies: Required by Law?
      1. Vacation and Sick Leave
      2. Jury Duty and Voting Leave
      3. Military Leave - Uniformed Services Employment and Reemployment Rights Act (USERRA)
      4. Family and Medical Leave Act (FMLA)
         1. Covered Employers and Eligible Employees
         2. Qualifying Reasons for Leave
         3. Notice Obligations
         4. Certification and Medical Documentation Requirements
         5. Leave, Reinstatement, and Other Employee Rights
   4. Part-Time Employees and Temps: Wage and Benefit Obligations
   5. Unpaid Internships and Training Programs
   6. Recordkeeping: What and How Long

4. Employee Discipline and Termination

   1. Evaluating Employee Performance While Mitigating Liability
   2. Employee Discipline Plan and Documentation
   3. Legal vs. Illegal Reasons for Terminating an Employee
   4. Disciplining an Employee Without Fearing a Retaliation Claim

5. Workplace Behavior and Privacy Issues

   1. Employee Surveillance
   2. Searches of Desks, Smartphones, Lockers, Vehicles, Equipment, Briefcases, etc.
   3. Monitoring Employee Communications: Calls, Email, and Internet Use
   4. Dress Code/Personal Appearance
   5. Drug and Alcohol Testing
   6. Psychological and Personality Tests
   7. Workplace Violence
   8. Off-Duty Behavior and Activities
   9. Policies to Have in Place

6. Hiring/Recruiting

   1. Job Descriptions and Advertisements
      1. Critical Elements (and What to Leave Out)
      2. Recordkeeping Requirements
   2. The Interview Process and Avoiding Discrimination
      1. Interviewer's Oral and Written Questions
      2. How to Answer a Candidate's Potentially Dangerous Questions (Religion, Pregnancy, etc.)
      3. Skill Tests
      4. Medical and Drug Testing
      5. Background Checks; Arrest and Conviction Inquiries
      6. Credit Checks
      7. Social Media/Networking Checks
   3. Hiring Independent Contractors
   4. Hiring Immigrant Workers
   5. Communicating With Unsuccessful Applicants
   6. Drafting Employment Contracts

7. Discrimination and Harassment

   1. Title VII and Related State Laws
   2. Americans With Disabilities Act (ADA) and Amendments (ADAAA)
      1. Interpretation of "Disability"
      2. Shift to Employer Burden (Interactive Process)
      3. Handling Accommodation Requests
   3. Age Discrimination in Employment Act (ADEA)
      1. Age Threshold and Employee Threshold
      2. Out-of-Retirement Issues
      3. Reduction-in-Force Issues
   4. Other Laws to Be Aware of: Equal Pay Act (EPA), WARN, GINA, etc.
   5. Handling Complaints/EEOC
   6. Recordkeeping/Retention Considerations
   7. Preventing Discrimination and Harassment
   8. Workers' Compensation Discrimination
   9. The Best Defense: Policies, Handbooks, and Training