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Overview
Hear Tips and Tactics From Experienced Practitioners
Stay up to date on the latest legislative changes and court decisions impacting your human resource practices! This essential course focuses on day-to-day issue spotting, covering current hot-button issues and highlighting practical pointers to avoid and handle common problem areas. Experienced faculty will take you through the critical legal issues you need to know from hiring to firing, including wages and benefits, workplace privacy, discrimination, and more. Don't miss this opportunity to learn techniques from those with years in the field. Register today!
- Stay up to date on the latest changes and cases in human resource law you need to know.
- Understand the legal dos and don'ts during the interview process.
- Ensure overtime and employee leave policies are compliant with the law.
- Examine best practices for preventing and responding to discrimination complaints.
- Make sure employee handbooks contain the critical provisions necessary to keep them up to date with current issues.
- Know how to handle thorny employee behavior issues while ensuring privacy rights are upheld.
- Set up proper discipline and firing procedures to avoid wrongful termination and retaliatory claims.
Abbreviated Agenda
- Recent Developments in Employment Law
- Is Your Employee Handbook up to Date? Essential Components and Sample Policies for Today's Workplace
- Wage and Benefit Issues
- Employee Discipline and Termination
- Workplace Behavior and Privacy Issues
- Hiring/Recruiting
- Discrimination and Harassment
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Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| Ohio CLE |
|
6 Total |
| HRCI |
|
6 Total |
| CPE for Accountants/NASBA |
|
7 Total |
| SHRM CP/SCP |
|
6 Total |
Select Jurisdiction
CLE
Other
Agenda
-
Recent Developments in Employment Law
-
Is Your Employee Handbook up to Date? Essential Components and Sample Policies for Today's Workplace
-
Wage and Benefit Issues
- Fair Labor Standards Act (FLSA)
- Misclassification of Employees (Exempt/Non-Exempt)
- Unpaid Overtime or Prework Time
- Calculating the "Regular Rate"
- Meal and Rest Breaks
- Fluctuating Workweek Pay and Tip Credit
- Unauthorized Work and Working Off-the-Clock
- Non-Exempt Employee Travel
- Benefits: Health Insurance, Flex Spending, and Retirement Plans
- Modifications to the Consolidated Omnibus Reconciliation Act of 1985 (COBRA)
- Changes to Flexible Spending Accounts
- Employee Retirement Income Security Act (ERISA) - Pitfalls to Be Wary Of
- Leave Policies: Required by Law?
- Vacation and Sick Leave
- Jury Duty and Voting Leave
- Military Leave - Uniformed Services Employment and Reemployment Rights Act (USERRA)
- Family and Medical Leave Act (FMLA)
- Covered Employers and Eligible Employees
- Qualifying Reasons for Leave
- Notice Obligations
- Certification and Medical Documentation Requirements
- Leave, Reinstatement, and Other Employee Rights
- Part-Time Employees and Temps: Wage and Benefit Obligations
- Unpaid Internships and Training Programs
- Recordkeeping: What and How Long
- Fair Labor Standards Act (FLSA)
-
Employee Discipline and Termination
- Evaluating Employee Performance While Mitigating Liability
- Employee Discipline Plan and Documentation
- Legal vs. Illegal Reasons for Terminating an Employee
- Disciplining an Employee Without Fearing a Retaliation Claim
-
Workplace Behavior and Privacy Issues
- Employee Surveillance
- Searches of Desks, Smartphones, Lockers, Vehicles, Equipment, Briefcases, etc.
- Monitoring Employee Communications: Calls, Email, and Internet Use
- Dress Code/Personal Appearance
- Drug and Alcohol Testing
- Psychological and Personality Tests
- Workplace Violence
- Off-Duty Behavior and Activities
- Policies to Have in Place
-
Hiring/Recruiting
- Job Descriptions and Advertisements
- Critical Elements (and What to Leave Out)
- Recordkeeping Requirements
- The Interview Process and Avoiding Discrimination
- Interviewer's Oral and Written Questions
- How to Answer a Candidate's Potentially Dangerous Questions (Religion, Pregnancy, etc.)
- Skill Tests
- Medical and Drug Testing
- Background Checks; Arrest and Conviction Inquiries
- Credit Checks
- Social Media/Networking Checks
- Hiring Independent Contractors
- Hiring Immigrant Workers
- Communicating With Unsuccessful Applicants
- Drafting Employment Contracts
- Job Descriptions and Advertisements
-
Discrimination and Harassment
- Title VII and Related State Laws
- Americans With Disabilities Act (ADA) and Amendments (ADAAA)
- Interpretation of "Disability"
- Shift to Employer Burden (Interactive Process)
- Handling Accommodation Requests
- Age Discrimination in Employment Act (ADEA)
- Age Threshold and Employee Threshold
- Out-of-Retirement Issues
- Reduction-in-Force Issues
- Other Laws to Be Aware of: Equal Pay Act (EPA), WARN, GINA, etc.
- Handling Complaints/EEOC
- Recordkeeping/Retention Considerations
- Preventing Discrimination and Harassment
- Workers' Compensation Discrimination
- The Best Defense: Policies, Handbooks, and Training
Who Should Attend
This basic level online seminar examines the current issues in human resource law for:
- Attorneys
- HR Personnel
- Accountants
- Presidents and Vice Presidents
Speakers
Speaker bio
R. Joseph Wessendarp
is a solo practitioner in West Chester, who advises and defends private and public sector employers and businesses in labor and employment, workers' compensation, workplace health and safety regulatory compliance, discriminatory and retaliatory discharge, wage/hour issues, and collective bargaining. He practices before state and federal trial and appellate courts, administrative tribunals, and arbitrations. Mr. Wessendarp earned his B.A. degree from the University of Cincinnati and his J.D. degree from the University of Detroit.
Speaker bio
H. Devon Collins
is a shareholder with Ogletree Deakins where he focuses his practice on labor and employment law. His practice primarily focuses on advising and defending employers of all sizes in a wide range of labor and employment contexts. He has represented employers in matters including compliance and litigation regarding the Worker Adjustment and Retraining Notification (WARN) Act, Fair Labor Standards Act, Title VII of the Civil Rights Acts of 1964, the Americans with Disabilities Act, the Family and Medical Leave Act, the Age Discrimination in Employment Act, the National Labor Relations Act, defamation of employees, and employment contract law. Mr. Collins has substantial experience defending employers in litigation and trials in state and federal courts across the country. Further, he has defended countless charges filed with the Department of Labor, Equal Employment Opportunity Commission, and similar state employment commissions. Mr. Collins also works closely with employers to ensure that problems do not reach litigation by consulting on appropriate methods to manage risk in the workplace and performing workplace training. He received his J.D. degree, cum laude, from The Ohio State University Moritz College of Law, where he also served as the editor-in-chief of the Ohio State Journal of Criminal Law. Mr. Collins is admitted to practice in the State of Ohio, the U.S. Court of Appeals for the Sixth Circuit, U.S. District Courts for the Northern District of Ohio, the Southern District of Ohio, and the Eastern District of Michigan.
Speaker bio
Latha M. Srinivasan
is with The Lincoln Electric Company. She has been a licensed attorney in the state of Ohio for more than 25 years, and has worked in the areas of labor and employment law, business and civil litigation, EEO and HR compliance, and workplace diversity and inclusion management and implementation. She has presented numerous seminar topics on labor and employment law and HR compliance. She also regularly speaks on lactation laws in the workplace. She is a member of the Cleveland Metropolitan Bar Association (CMBA) and earned her undergraduate degree, magna cum laude, from the University of Rochester and her J.D. degree from the Case Western Reserve University School of Law, where she was awarded the Paul J. Hergenroeder Award in trial tactics. Ms. Srinivasan is mock trial coach.
Speaker bio
Matthew E. Miller-Novak
earned his J.D. degree from Chase School of Law, his Master of Fine Arts degree in painting from the University of Cincinnati, and his Bachelor of Fine Arts degree in painting from Youngstown State University. He first moved to Cincinnati in 2001 to study painting at the University of Cincinnati after marrying his wife Jamie. Jamie began teaching high school English in the Three Rivers School District, and Mr. Miller-Novak began teaching painting and drawing at Northern Kentucky University while exhibiting his art regionally and nationally. He soon developed an interest in local government and began getting involved in campaigns and other community service. Mr. Miller-Novak decided to stop teaching and attend law school. Upon his admission at Chase Law, he focused his studies on constitutional jurisprudence and employment discrimination. He graduated cum laude, and he received honors for his trial advocacy skills and legal writing. In addition, Mr. Miller-Novak published two law review articles and spoke at Whittier Law School regarding employment matters in 2014. He is now focusing his practice on employment matters, government accountability, business law, and civil litigation. He is currently assistant prosecutor in Hamilton County, Ohio.
Speaker bio
James G. Burkhardt
is an arbitrator and mediator at his firm James Burkhardt, Arbitration & Mediation LLC, where he practices arbitration and mediation of workplace disputes, including labor-management, grievance, discipline, discrimination, wages and hours, employment covenants, and contracts. Mr. Burkhardt has represented public and private sector employers and employees, and now helps resolve workplace disputes as a mediator and arbitrator. He earned his bachelor's degree from Penn State and his J.D. degree from University of Toledo College of Law. Mr. Burkhardt is a certified specialist in labor and employment law; Ohio State Bar Association Labor and Employment Law Section Council - NLRB CLE chair; and State Employment Relations Board (Ohio) Fact Finder roster. He is admitted to practice law in Ohio and before the U.S. Supreme Court.
Speaker bio
Chelsea L. Canaday
is a member with Dickinson Wright PLLC in Columbus, Ohio. She focuses her practice primarily in the areas of education and employment law. Ms. Canaday regularly appears in state and federal courts and at administrative hearings, and has argued appellate cases in front of the Sixth Circuit and state district courts. She is a member of the Columbus Bar Association and Ohio State Bar Association. Ms. Canaday earned her B.A. degree, summa cum laude, from University of Pittsburgh and her J.D. degree from the Ohio State University, Moritz College of Law.
Speaker bio
Roman Arce
is a member of the law firm of Marshall & Melhorn, LLC, where he focuses exclusively in labor and employment law. From 1992 to the present, Mr. Arce has practiced management-side labor law; construction industry labor law; employment litigation in state and federal courts; employment discrimination/harassment; workers‘ compensation; litigation under the FMLA, FLSA, ADA, OSHA, ERISA, Multiemployer Pension Plan Amendments Act, WARN Act, and affirmative action; wage and hour; and Ohio prevailing wage law compliance. He is a member of the Labor and Employment Law sections of the American, Ohio State, and Toledo bar associations. Mr. Arce earned his B.A. degree from the University of Notre Dame and his J.D. degree from the University of Michigan Law School.
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