Labor & Employment

MD Specific

Maryland Human Resource Law: What You Need to Know Now

Credits Available

There is no credit available on this course.
OnDemand
5 hours 57 minutes
Douglas Desmarais
Meredith Campbell
Steven Bers
Bryce Denny
With Douglas W. Desmarais from Smith & Downey, P.A. + 3 others
Recorded July 30, 2024
Product ID 98576

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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, including background checks and drug testing, drafting employment contracts, and hiring independent contractors and immigrants.
  • Ensure overtime and employee leave policies are compliant with the law.
  • Learn appropriate methods for calculating and tracking FMLA time.
  • Make sure employee handbooks contain the critical provisions necessary to keep them up to date with current issues.
  • Discuss the latest interpretations of "disability" under the Americans With Disabilities Act (ADA).
  • 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

  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
  4. Workplace Behavior and Privacy Issues
  5. Employee Discipline and Termination
  6. Hiring/Recruiting
  7. Discrimination and Harassment

Related Topics

Product ID 98576

Credit Details

Credits Available

There is no credit available on this course.
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Agenda

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  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. 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

  5. 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

  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

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

Douglas W Desmarais
Douglas W.
Desmarais
Smith & Downey, P.A.
Meredith Campbell
Meredith
Campbell
Shulman Rogers
Steven E Bers
Steven E.
Bers
Whiteford Taylor & Preston, LLP
Bryce J Denny
Bryce J.
Denny
Law Office of Bryce Denny, L.L.C.
Speaker bio
Douglas W Desmarais

Douglas W. Desmarais

Smith & Downey, P.A.
Douglas Desmarais

is a partner with Smith & Downey, P.A., where his practice deals with all aspects of employment relationships, with particular emphasis on educating employers about the many labor and employment laws that govern the workplace, and helping 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 a member of the Maryland State Bar Association and District of Columbia Bar Association. 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.

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Speaker bio
Meredith Campbell

Meredith Campbell

Shulman Rogers
Meredith Campbell

is a shareholder with Shulman Rogers, where she serves as a business advisor to local, national and global clients who look to her for counsel on managing their most important asset - their employees. Clients hire her because she successfully resolves workplace-related issues, while helping them to maintain a positive and productive workplace. Ms. Campbell often serves as outside general counsel to her clients, advising on personnel matters and ensuring that her clients are up-to-date on compliance, training and other related issues. She earned her B.A. degree, summa cum laude, from Lehigh University and her J.D. degree from Harvard Law School. Ms. Campbell is a member of the Maryland Chamber of Commerce Employment Issues Committee, Society for Human Resource Management (SHRM), Human Resources Bioscience Alliance (HRBA), Bar Association of Montgomery County, Maryland State Bar Association and the Coalition of Women's Initiative in Law, DC Chapter Steering Committee Member. She is admitted to practice in Maryland, District of Columbia, U.S. Court of Appeals Fourth Circuit, U.S. District Court for the Western District of Michigan and the U.S. Supreme Court.

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Speaker bio
Steven E Bers

Steven E. Bers

Whiteford Taylor & Preston, LLP
Steven Bers

is with Whiteford Taylor & Preston, LLP, where he co-chairs the firm's labor and employment section. He also leads the firm's maritime law practice. Mr. Bers earned his B.A. degree from Johns Hopkins University and his J.D. degree, Top 5% of class, Order of the Coif, from the University of Maryland School of Law. He is a member of the Board of Directors and Executive Board, House of Ruth Maryland, Inc.; Board of Directors, Chizuk Amuno Synagogue; Graduate of Greater Baltimore Committee's Leadership Program; Mayor's Select Committee for City Convention Structure Oversight; MSBA and ABA Employment Sections; and the Maryland Head Injury Foundation (life member). Mr. Bers is admitted to practice in Maryland, U.S. Court of Appeals First and Fourth circuits, and U.S. District Court, District of Maryland.

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Speaker bio
Bryce J Denny

Bryce J. Denny

Law Office of Bryce Denny, L.L.C.
Bryce Denny

is the owner of Law Office of Bryce Denny, L.L.C., where he primarily practices labor and employment law. He is admitted to practice in both Texas and Louisiana. Mr. Denny was re-appointed in 2017 to a three-year term on the Louisiana State Bar Labor Law Advisory Commission. He is a member of the State Bar of Texas and the Louisiana State Bar Association. Mr. Denny earned his B.A. degree from Austin College in Sherman, Texas and his J.D. degree from Baylor University.

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Yes, the more people you bring from your organization, the more you save. After the first registration, each additional attendee receives a special discount off of their total tuition.
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The OnDemand Video will be available to stream within 14 days of live broadcast date. You will have access to the content for 6 months in your account. If you’re a subscriber, you’ll have access to your course recordings until 7 days after the expiration date of the subscription.
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When you enroll prior to the live event date you will receive access to the live-streaming webinar which will allow you to interact with faculty in real-time. With each course, you will receive access to the content via OnDemand Streaming and the Video Download. Course reference materials are included with each course purchase in a downloadable PDF format.
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