CA Specific

Labor & Employment

Mini Law School for California HR Professionals

Credits Available
Credit Status Total
California CLE Approved 6 Total
OnDemand
5 hours 54 minutes
Christopher Onstott
Lorraine Ocheltree
Christopher Nichols
Joel Glaser
Melissa Zdarstek
Kelly Gemelli
With Christopher Onstott from Kronick Moskovitz Tiedemann & Girard + 5 others
Recorded November 22, 2024.
Product ID 99183

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Overview

A Comprehensive Primer on Labor and Employment Law

As employment-related litigation rates continue to rise, employers must look for ways to protect themselves in a legal manner. Human resource compliance can be one of the most costly and time-consuming aspects for a business; can you streamline the process and prevent unnecessary risk? This program will get you up to speed so you can return to work confident in your abilities. Know the fundamentals of human resources: from hiring to firing and everything in between. Register today!

  • Get the latest employment law updates you can't afford to miss.
  • Understand the importance of thorough and accurate paperwork when hiring new employees.
  • Know what a handbook should and should not contain by exploring the advantages and pitfalls of various policies.
  • Appropriately apply wage and hour exemption requirements in gray areas such as outside salespeople and highly paid computer professionals.
  • Ensure compliance with state leave and accommodation laws.
  • Understand unemployment compensation guidelines and how to manage costs.
  • Remain up to date on the latest developments regarding employee behavior and controversial social media policies.
  • Learn key steps to minimizing liability when discharging employees.

Abbreviated Agenda

  1. Employment Law Update
  2. Successful Hiring and Recruitment Steps
  3. Employee Handbooks and Policies in the 21st Century
  4. Controlling Unemployment Compensation Costs
  5. Other Employment Laws You Need to Know
  6. Wage and Benefit Issues
  7. Workplace Behavior and Privacy - Current Developments
  8. Discipline and Discharge - Necessary Documentation
Product ID 99183

Credit Details

Credits Available
Credit Status Total
California CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. Employment Law Update

  2. Successful Hiring and Recruitment Steps

    1. Drafting Accurate Job Descriptions
    2. Job Applications: Getting the Data You Need
    3. Proper Way to Conduct Background Checks
    4. Screening References Through a Filter of Reality
    5. The Job Offer or Rejection Letter
    6. Checklist for a Legal Hire
    7. Orientation and Training
    8. Immigration Compliance Documents (I-9 and E-Verify)
    9. IRS and Federal Compliance Documents (SS-4, W-4, Form 940)
  3. Employee Handbooks and Policies in the 21st Century

    1. Guidelines for Whether Your Organization Should or Should Not Have a Handbook
    2. Ensuring Handbook Style Fits With Corporate Culture
    3. Revising the Old vs. Starting Anew
    4. Topics That Should Be Included
    5. Boilerplate Language
  4. Controlling Unemployment Compensation Costs

    1. General Rules on Who Is Entitled to Unemployment Compensation
    2. Key Information to Present Regarding the Initial Claim
    3. When Is It Important to Fight an Unemployment Compensation Claim?
    4. What You Need to Know About the Hearing Process
    5. Traditional Ways to Manage Unemployment Compensation Costs
  5. Other Employment Laws You Need to Know

    1. Family and Medical Leave Act (FMLA)
    2. Americans with Disabilities Act (ADA)
    3. Worker Adjustment and Retraining Notification Act (WARN)
    4. Older Workers' Benefit Protection Act (OWBPA)
    5. Age Discrimination and Employment Act (ADEA)
    6. Title VII of the Civil Rights Act and Sexual Harassment
    7. Pregnancy Discrimination Act (PDA)
    8. Uniformed Services Employment Reemployment Rights Act (USERRA)
  6. Wage and Benefit Issues

    1. State-Specific Wage and Hour Laws
    2. What Qualifies as Overtime?
    3. Differences to Be Aware of: Salaried Exempt vs. Salaried Non-Exempt
    4. Options for Employees Reporting Time Worked
    5. Handling Deductions From Wages
    6. Leave Policies
    7. Part-Time Employees and Temps: Wage and Benefit Obligations
    8. Unpaid Internship and Training Programs
    9. Benefits: Health Insurance, Flex Spending, and Retirement Plans
      1. Modifications to the Consolidated Omnibus Reconciliation Act of 1985 (COBRA)
      2. Change to Flexible Spending Accounts
      3. Employee Retirement Income Security Act (ERISA) Pitfalls to Be Wary Of
  7. Workplace Behavior and Privacy - Current Developments

    1. Employee Surveillance
    2. Searches of Desks, Smartphones, Lockers, Vehicles, Equipment, 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: Harassment and Bullying
    8. Off-Duty Behavior and Activities
  8. Discipline and Discharge - Necessary Documentation

    1. Putting a Discipline Policy in Place Proactively
    2. What to Do When There Is No Policy Addressing an Offense
    3. Evaluating Employee Performance While Mitigating Liability
    4. What Goes in the Discipline/Discharge Letter?
    5. At What Point Should Discharge Be Considered?
    6. Minimizing Liability When Discharging an Employee
    7. Common Mistakes to Avoid During Discharge
    8. Waivers and Releases - Their Use After Termination

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

Christopher Onstott
Christopher
Onstott
Kronick Moskovitz Tiedemann & Girard
Lorraine P Ocheltree
Lorraine P.
Ocheltree
Duane Morris LLP
Christopher E Nichols
Christopher E.
Nichols
Nevels Nichols, LLP
Joel Glaser
Joel
Glaser
Joel Glaser APC
Melissa Zdarstek
Melissa
Zdarstek
Triad Business Solutions, LLC
Kelly D Gemelli
Kelly D.
Gemelli
Gemelli Employment Law
Speaker bio
Christopher Onstott

Christopher Onstott

Kronick Moskovitz Tiedemann & Girard
Christopher Onstott

is an attorney with the law firm of Kronick Moskovitz Tiedemann & Girard, where he practices labor and employment law. He defends employers against race, sex and disability discrimination, and harassment claims, as well as wage claims in both federal and state courts. Mr. Onstott earned his B.A. degree, magna cum laude, from Brigham Young University; and his J.D. degree, with high honors, from the University of Texas School of Law.

Speaker bio
Lorraine P Ocheltree

Lorraine P. Ocheltree

Duane Morris LLP
Lorraine Ocheltree

is an employment partner at the international law firm Duane Morris LLP, with more than thirty years of experience. Her advice and counseling practice focuses on providing current and practical guidance to employers of all types and sizes about all aspects of the employment relationship. Ms. Ocheltree routinely provides management training on a variety of subjects, regularly prepares employment-related documents such as handbooks, offer letters, employment and separation agreements, and assists with internal investigations and audits. She is also a trial lawyer, defending employers in both state and federal court and in administrative proceedings. Ms. Ocheltree earned her B.A. degree from the University of California, Los Angeles; and her J.D. degree from the University of San Francisco School of Law. Prior to Duane Morris LLP, she was the head of Hancock Rothert & Bunshoft's Employment Practice Group. Ms. Ocheltree is a frequent speaker for business groups, industry organizations and employers on a variety of employment topics, and has been interviewed by local television news. She is a published author in various CEB publications, a contributor to Society for Human Resource Management (SHRM) articles, and regularly writes about new developments in employment law. Ms. Ocheltree is a member of the American Bar Association, San Francisco Bar Association, International Association of Defense Counsel, National Association of Women Lawyers, and Duane Morris Women's Impact Network for Success. She is listed in Chambers USA: America's leading lawyers for business.

Speaker bio
Christopher E Nichols

Christopher E. Nichols

Nevels Nichols, LLP
Christopher Nichols

is managing partner with Nevels Nichols, LLP. He represents employers and employees involved in class action lawsuits, breach of contract disputes, and various other business-related matters. Additionally, Mr. Nichols has experience in representing both employees and businesses in class action lawsuits, in both CLRA (consumer) and wage and hour claims. He is experienced in all phases of civil litigation, including depositions and evidentiary hearings, and has acted as lead trial counsel in numerous matters. Mr. Nichols earned his B.A. degree from the University of San Diego and his J.D. degree from the University of San Diego School of Law. He is admitted to the State Bar of California and the United States District Court for the Central and Eastern districts of California. Mr. Nichols is a member of the American, San Diego and Fresno County bar associations.

Speaker bio
Joel Glaser

Joel Glaser

Joel Glaser APC
Joel Glaser

is the principal of Joel Glaser APC in the Los Angeles, Newport Beach and San Diego offices. His practice includes employment and business litigation. Mr. Glaser has extensive experience in employment practices liability, including defending whistleblower, wrongful termination, harassment, race, age, disability, and gender discrimination and retaliation cases. He has also defended wage and hour class actions and single plaintiff cases. Additionally, Mr. Glaser has counseled employees and employers on employment-related matters such as applications and hiring, sexual harassment policies and training, employment handbooks, internal investigations, compliance issues, employee discipline issues, severance agreements and termination issues. He has represented clients in both state and federal court, and before the California Labor Board, Department of Fair Employment and Housing, the Equal Employment Opportunity Commission and the Unemployment Appeals Board. Mr. Glaser is a member of the State Bar of California; and the Los Angeles County, Orange County and San Diego County bar associations. He earned his B.A. degree from University of California, Santa Barbara; and his J.D. degree from Southwestern University School of Law - where he was on Law Review. Mr. Glaser is licensed to practice law in California.

Speaker bio
Melissa Zdarstek

Melissa Zdarstek

Triad Business Solutions, LLC
Melissa Zdarstek

is the vice president of adminstration at Triad Business Solutions, LLC located in Bakersfield, California. She earned her bachelor's degree from the University of La Verne.

Speaker bio
Kelly D Gemelli

Kelly D. Gemelli

Gemelli Employment Law
Kelly Gemelli

is the founder of Gemelli Employment Law in San Diego, California. She is a trusted legal advisor and seasoned employment law practitioner with extensive experience in advising and representing clients in both the public and private sectors. Prior to founding Gemelli Employment Law, Kelly was a partner at one of California's leading workplace and campus investigation law firms, Van Dermyden Makus. Kelly also spent over a decade at one of the country's preeminent workplace law firms, Jackson Lewis, P.C., where she was a Principal. During this time, Kelly gained extensive experience advising clients on employment decisions. Kelly graduated from the Association of Workplace Investigators (AWI) Training Institute in 2019 and is an AWI Certificate holder. She was recently appointed to the Board of Director for Lawyers Club of San Diego. Over the years, Kelly has co-chaired the Judicial Appointments, Endorsement Committee; the Mentorship Committee; the Red, White & Brew Committee; the Professional Advancement Committee; and the Business Development Subcommittee. Kelly is also active with the San Diego County Bar Association (SDCBA), having previously served as the Vice Chair of the Labor & Employment Law Section. She earned her J.D. at University of San Diego School of Law and is admitted to practice in California.

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