THE CONFERENCE ON STATE AND FEDERAL PERSONNEL LAWS – TWO DAY

In this conference you'll learn...
What´s new and what´s coming in federal and state laws—things you should know now
Should you shell out for Employment Practices Liability Insurance (EPLI) or are there better alternatives?
Why the EEOC is focusing their enforcement efforts in one area—and what you can do to keep out of their sights
What´s new in alternative dispute resolution (ADR), and how it can save your company big money (or add to your woes if it´s done incorrectly)
And much more
In just 2 days of intensive training, get up to date on the crucial personnel laws—both federal and in your state—so you can stay on firm ground and protect your company from monumental legal costs. Zero in on expanding HIPAA rules, Employment Practices Liability, the ADA and much, much more.
This important conference contains two tracks and 10 information-packed sessions to choose from. Attend one track from start to finish, or mix and match the sessions to meet your training needs.

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OPENING SESSION: 9:00 – 9:35 a.m. — How to protect yourself (and your organization) in today´s lawsuit-happy world
DAY ONE: TRACK ONE: Staying on Top of Evolving Legal Issues
Session 1: 9:50 – 10:40 a.m.
Safeguard your company from changing employment discrimination laws—and keep the EEOC from knocking at your door
Discrimination litigation is on the rise, and it is one of the most expensive and time-consuming legal actions to defend. Even a small error can be devastating. Here´s your opportunity to get completely up to date on the EEOC´s latest rulings and more that are on the way ... and to get your internal policies and procedures in line. Topics include:
The very latest enforcement focus of the EEOC and how to avoid problems now
How to re-examine your documentation to keep your company in line with the EEOC´s latest rulings
Alert! If you require employees to speak English only, here´s information you can´t afford not to know
Late-breaking changes in the status of "testers" ... do you need to worry about them anymore?
Session 2: 10:55 – 11:45 a.m.
Legal update: What you need to know about "at-will" termination
While, in theory, employers have the right to terminate employees "at will," legislative actions and court decisions continue to chip away at your right to discipline and discharge employees, diluting your ability to create the work environment you need to succeed. And, in a growing number of lawsuits initiated by employees against their employers, sympathetic courts and juries are awarding large settlements intended to "send a message" to employers. Attend this session for the legal fuel you need to terminate safely, in spite of the continuing erosion of the employment-at-will doctrine. Topics include:
Beware! Before you dismiss an employee during a probationary period, guard against new legal challenges you face in this fast-changing area
How to scrutinize your employment contracts for language that ties your hands in determining who you can and can´t terminate
Recent federal and state rulings that impose severe limits on the employment-at-will doctrine ... ignore these at your own risk
How to audit and tighten your discipline and termination procedures to protect your company in light of changes in at-will employment
Session 3: 1:00 – 1:50 p.m.
Get to the root of employee misconduct with swift, confidential and lawful internal investigations
With the rise in the number of workplace harassment complaints, every manager needs to know how to conduct thorough internal investigations without trampling employees´ due process rights. If you haven´t yet had to follow up on an allegation of sexual harassment, drug abuse, theft or other employee misconduct, chances are you will. Attend this session and learn how to sidestep tricky and legally explosive land mines as you interview witnesses, obtain evidence, develop required reports and handle other steps in the complex process. Topics include:
What does the Fair Credit Reporting Act have to do with how
A clear guide to conducting your own error-free internal investigations
Bonus! Sample questions you can ask—without worry—to get reluctant witnesses to talk
What will the plaintiff´s attorney demand to see? How to make sure you can produce it
Your rights and responsibilities during an investigation
Session 4: 2:05 – 2:55 p.m.
High-tech privacy: What courts are saying (and what you need to know) about employees´ rights concerning e-mail, voice mail, the Internet and much more!
Employee privacy is one of HR´s hottest issues as recent technological advancements, legislation and concern for employee privacy collide. What are your rights in monitoring telephones, computer terminals, voice mail and e-mail? Are you ready for compliance in the most sweeping privacy reforms established in the last decade? This session examines both sides of these controversial subjects to ensure you have the information you need to stay on firm ground. Topics include:
Know how far your rights extend in the use of video surveillance to track pilferage, safety hazards and other employee activities
Privacy: Your obligations and your responsibilities to employees ... both on and off the job
Where the law stands when employees anonymously "vent" or harass others through electronic bulletin boards and chat rooms
You can legally monitor computers, phone calls and e-mail ... but you must strictly follow these guidelines
What type of employee health information is the employer permitted to use without consent?
Session 5: 3:10 – 4:00 p.m.
How to protect the health and safety of employees and stay out of compliance trouble
Fasten your seat belts! Even though OSHA is under a new administration, this regulatory powerhouse is still alive and well. And OSHA´s busy agenda—packed with new plans, standards and revisions—means new risks for your company. Our regulatory expert will alert you to the latest changes and trends you need to know about—including the hotly contested area of repetitive stress injuries—and prepare you for what the future could bring. Get the easiest, most cost-effective ways to run a safe, healthy and compliant workplace—this session is loaded with big ideas. Topics include:
Ergonomics is dead ... or is it? Precautions wise employers must take, regardless of what lawmakers decide
What´s OSHA up to now? You can´t afford to find this out too late
So you think your workplace is safe? 5 early warning signs that could mean your luck is about to run out
Who needs to really worry about OSHA these days ... and why
DAY ONE: TRACK TWO: Staying on Top of Evolving Legal Issues
Session 1: 9:50 – 10:40 a.m.
Policy and procedure update: Here´s how to make sure your employment practices are in line with this year´s changing laws and regulations
Is your employee handbook a ticking time bomb? You may think you´re on legally solid ground, but a judge may well disagree. More and more courts are treating handbooks as binding employment contracts which create legal rights and obligations which cannot be modified or terminated in the same way as "at-will" relationships can. Attend this session to find out what is happening in these cases, how handbooks are eroding employment-at-will, and how to head off problems in your organization. Topics include:
Could your handbook backfire on you in court? How to perform your own legal audit to root out and eliminate potential problems
How to use your handbook to make it clear that your employees are "at-will" ... and why it is essential you do so
Know the approach your state takes in interpreting employee handbooks
If you think you´re safe because your handbook contains a legal disclaimer, think again
Session 2: 10:55 – 11:45 a.m.
Yes, you can discipline and fire for attitude problems—legal ways to handle this problem and make your decisions stick
The discipline and termination of problem employees is essential if you´re to keep productivity and morale up. But when the problem is a poor attitude or negative personality, it can get tricky, and even the sharpest employers can get tripped up. In this session, get answers and information you can depend on as you assert your right to staff your business with the people you need to succeed and get rid of those who hamper your progress. Topics include:
How to put "attitude" in your job descriptions and save yourself lots of legal trouble later
How to fire for bad attitude—the right way—without fear of a wrongful termination lawsuit
How to create strong, legally solid documentation that will back you up in court
Attitude vs. performance: Learn how to deal with employees who demonstrate attitude problems even though they´re doing their jobs
Session 3: 1:00 – 1:50 p.m.
Staying on top of leave laws and still controlling absenteeism
Employee absenteeism, excused and unexcused, is a challenge most organizations face. Actually calculating the cost of absenteeism can be a truly eye-opening experience. Research is telling us that to successfully address absenteeism, you must have a clear understanding of your policies and the nature of the problem. This session will offer you insight into these issues and more. Topics include:
The leave allowance that more employers are addressing today—military obligation
Attendance policies can work in partnership with FMLA and the ADA
Calculating the cost of absenteeism
Who decides how many days your employees can be absent?
The key to successful leave policies and attendance
Session 4: 2:05 – 2:55 p.m.
Navigating FMLA in the midst of recent questions and decisions
The Family and Medical Leave Act (FMLA) has been law for some time. But the courts are still struggling to define the parameters, causing endless confusion about where it overlaps—or even conflicts—with other laws. As an employer trying to sort out your compliance strategy, you´re left with more questions than answers. This session will shed new light on recent court decisions, including the first U.S. Supreme Court decision involving FMLA, address the latest legal "hot spots" surrounding FMLA and provide clear direction as you update and lawsuit-proof your practices. Topics include:
Clarifying the often-misunderstood basic requirements of FMLA
A checklist of essential compliance tools for a plan of action
Unravel the overlapping provisions of FMLA, ADA and workers´ comp
The piece of FMLA regulation that the Supreme Court recently ruled invalid
What the Supreme Court said and didn´t say about its recent ruling—what you need to know about the remedies involved
Session 5: 3:10 – 4:00 p.m.
Supervisor´s legal skill-builder: The all-you-need guide to managing a safe, fair and legal workplace
You may hire, discipline, evaluate and terminate employees on a regular basis—but don´t fool yourself into thinking these are "routine" management responsibilities. Employees today are well-informed about their rights and willing to fight for them in court. That means you must be on your toes at all times. "That´s the way I´ve always done it" simply won´t fly before a jury. Update your skills in this idea-packed session and learn new twists to the way you promote and transfer employees, treat contract workers, discipline employees claiming mental and stress disabilities and more. Topics include:
The 10 new commandments of fair and legal employee management
5 poor performance appraisal practices that seriously compromise your defense as an employer in court
So you think your ADA-related practices are perfectly in line with the law? You may be in for a surprise
How your good intentions to reward your exempt and nonexempt employees equally could be a lawsuit waiting to happen
DAY TWO: TRACK ONE: Managing Employees
How to stay on the legally safe side of misunderstood exempt/nonexempt classification issues
Over the years, employers have routinely but innocently violated the complex laws governing exempt/nonexempt classification of employees. But recently, the Department of Labor has put a priority on seeking out classification errors—and businesses found not in compliance run the risk of devastating back pay and overtime liability settlements. Don´t be taken by surprise ... get the information and legal insight you need to get your classifications in order and avoid serious liability. Topics include:
There´s no simple answer to proper exemption classification ... but these rules will help you avoid the most common mistakes
Get up to speed on new, far-reaching changes in wage and hour law
Isn´t everyone covered by the most commonly claimed administrative exemption? Beware of the frequent misapplications of the term "discretion and independent judgment"
How to audit the job functions of each of your employees and realign job responsibilities and staffing ... so your exemptions are correct
Should you dock exempt employees´ pay? Understand the legal minefields in this evolving area and how a mistake could undermine your entire work force´s exemption
Session 2: 10:35 – 11:30 a.m.
Legal alert: Up-to-the-minute facts, rulings, decisions and trends on federal changes you must know about
The days when you could leave employment law concerns in the hands of your attorney are over. Today you´re in the hot seat, expected to know countless laws, regulations and federal decisions so you can adjust and modify your company´s employment practices accordingly. This session will help you do just that by giving you an up-to-the-minute update on the exact information you need to know. Then the session leader will give you expert insight and interpretation on each law and regulation—clearing up the confusion of contradictory laws and telling you how to apply and put into action what you learn. If you have any questions about how to comply with federal employment laws while still keeping your business competitive, you can´t afford to miss this session!
Session 3: 12:45 – 1:40 p.m.
State issues and trends in states rights
HR professionals often find it challenging to keep up with federal employment law regulations. More difficult is the task of keeping abreast of state court and legislative activities. State laws are trending toward expansion into new areas like genetic discrimination, broadening of unemployment laws concerning insurance and FMLA, sexual orientation discrimination, comparable worth, privacy issues and living wage laws. Considering that many of the hot employment issues are coming from state and local levels, your job may be getting even harder. Topics will include:
Up-to-the-minute facts on what your state legislature is up to regarding workplace-related proposals and new regulations
Deciphering the differences between state and federal laws and which you have to comply with
Staying current with state regulations, your best resources
Session 4: 1:55 – 2:50 p.m.
Fair, complete and legal documentation and record keeping
Hiring, discipline, performance management and investigations all have one thing in common: The need for thorough documentation and maintenance of those records. Airtight documentation is something that really can´t be left to chance. In your workplace, you can´t afford not to pay attention to detail when documenting work-related issues. Attend this session of the "how-to´s" of fair, complete and legal documentation and record keeping. Topics will include:
The importance of documentation for avoiding future accusations
The anatomy of legally defensible documentation
A checklist of employees´ work-related actions that need to be documented
The key to documentation that will stand up in court
Keeping good records—meeting record-keeping requirements
Session 5: 3:05 – 4:00 p.m.
How to insulate your company from the financial drain of costly litigation and avoid risk
Hopefully, your company will never have to suffer through a long and messy litigation process. It can be financially devastating—in fact, some companies never get back on their feet. But, in today´s lawsuit-happy environment, you must be prepared. Join this session and explore the legal pros and cons of two increasingly popular ways to protect your company. Can alternative dispute resolution (ADR) really keep you out of court and save you money? Will the new Employment Practices Liability Insurance (EPLI) protect you from every claim? Get the answers here. Topics include:
Is ADR still a viable option in light of recent court decisions?
Delve into the different types of ADR available ... whether they can save you money ... and which would work best for your company
How to weigh whether EPLI is right for your company
How to strictly evaluate competing EPLI packages (price is not everything)
DAY TWO: TRACK TWO: Managing Employees
Session 1: 9:00 – 10:20 a.m.
How to select and hire the best employees while staying safe with interviewing, checking references, pre-employment testing and screening practices
In today´s competitive job market, companies are looking hard to fill vacancies with the best candidates whose qualifications come closest to matching the organization´s needs. But beware, even when managers in your company are under pressure to fill vacant positions, they can´t afford to "break the rules" when screening candidates. More than ever, you must step up your awareness of legal land mines in this confusing area and develop sound practices that keep you out of court. Attend this session and gain insight into how to expertly balance your need to hire the right person with growing and complex legal restrictions. Topics include:
How to take the necessary steps to ensure your pre-employment and pre-placement practices are ADA-compliant
The case for a well-planned, structured approach to interviewing (and why winging it is so dangerous)
How to update your reference-checking practices now—you could be held accountable for information you don´t give out
Knowing why psychological tests are so difficult to defend and what you can do to get on firm legal ground
A legal framework for conducting drug and other tests and background checks that strike a balance between employer need and employee rights
Session 2: 10:35 – 11:30 a.m.
Addressing complex issues under the ADA
A decade has elapsed since the establishment of the Americans With Disabilities Act (ADA). Employers and the courts are still struggling with many complex issues related to parameters and compliance. This session will address recent court rulings and will provide the answers to challenging questions faced by employers concerning what a reasonable accommodation is under the ADA. Topics include:
Defining the basic requirements of the ADA
ADA Update! Find out what the courts are saying about who is disabled, mental and emotional disabilities and musculoskeletal disorders
Familiarity with the complex, and sometimes misunderstood, reasonable accommodation questions presented under the ADA
Gain some understanding of how far the legal accommodation obligation goes
Bonus! A checklist of essential compliance tools for a plan of action that is crystal-clear ... and liability-free
Session 3: 12:45 – 1:40 p.m.
Get the benefits of today´s more liberal workplace rules—and still maintain control of your business
Employees couldn´t be happier with the growing trend toward more relaxed work policies. But where and how do you draw the line when employees threaten to push the limits too far? You must be aware of both your rights and your employees´ rights to avoid unknowingly stepping into legal traps. Our expert in this important session will provide you with step-by-step guidance that you can apply to keep control in this unexplored and volatile area. Topics include:
How to avoid the mistake of treating performance standards the same way you treat conduct standards
The legally safe response to challenges to your dress code
Breaking through the myth that you must treat employees the same
The pros and cons of detailing liberal workplace practices in your employee handbook
Session 4: 1:55 – 2:50 p.m.
Dealing with violence or threatened violence: How to protect yourself from liability and your employees from harm—both on and off the job
As an employer, you´re between a rock and a hard place in your obligation to provide employees with a safe workplace. Terminate a threatening employee and you run the risk of being held liable for discrimination or for violation of the ADA. But if you fail to take action and the employee harms another worker, you´re in jeopardy of being deemed negligent. Here you´ll gain expert guidance in managing this complex balancing act while lessening your liability. Topics include:
How to maintain a safe workplace without running the risk of violating the ADA
Is it safe to fire a worker for threatening or violent behavior? Or for just frightening others? Here´s what state and federal courts are saying along with strategies for backing up the decisions you make
Domestic violence: Up-to-the-minute status of current legislative proposals to extend the FMLA and increase payroll taxes to protect victims ... and cost-effective steps you can take today to accommodate your affected employees
Proactive strategies for crisis management and response actions
Session 5: 3:05 – 4:00 p.m.
When generations collide: Managing an age-diverse work force within a sound legal framework
The workplace today is a hodgepodge of young, old and in-between employees who don´t see work—or life––the same way. That spells new opportunities and conflicts for managers. If you´re not currently dealing with the confusion and new legal risks of this "generation clash," you will be soon. This session will alert you to some surprising demographic statistics and what to expect and how to respond, help you understand the gulf that separates the generations and prepare you to correctly manage the differences, challenges and opportunities. Topics include:
Just who are these differing generations?
When generations clash ... new conflicts and how to turn conflict into opportunities
Why managing older workers is a new, risky ball game—do you know the changing rules?
One issue that´s a sleeper now, but threatens to drive unprepared companies right out of business
Diversity: Why it´s not just "nice to have" anymore

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