Lorman Labor Law Teleconferences
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December 3, 2008
1:00 p.m. – 1:05 p.m.
I. Why Interview?
1:05 p.m. – 1:12 p.m.
II. Types and Styles of Interviews
1:12 p.m. – 1:20 p.m.
III. What to Ask – Determining Interview Content
1:20 p.m. – 1:28 p.m.
IV. What Not to Ask – A Brief Overview of Relevant Laws and Guidelines
1:28 p.m. – 1:38 p.m.
V. How Should You Ask? Developing Effective Questions
1:38 p.m. – 1:44 p.m.
VI. After You Ask – Taking Notes
1:44 p.m. – 1:49 p.m.
VII. Follow-Up Questions – Getting the Information You Need
1:49 p.m. – 1:57 p.m.
VIII. How Was That Answer? Developing Evaluation Criteria
1:57 p.m. – 2:03 p.m.
IX. Evaluating the Candidate – Standardizing and Comparing Across Candidates
2:03 p.m. – 2:10 p.m.
X. Common Rating and Other Interviewer Problems
2:10 p.m. – 2:15 p.m.
XI. Review
2:15 p.m. – 2:30 p.m.
XII. Questions and Answers
January 7, 2009
I. Management Tool No. 1: Qualification for FMLA Leave
A. Eligibility Criteria
B. Serious Health Conditions Under FMLA
II. Management Tool No. 2: Notifications
A. Required Notice to Employer
B. Required Notice to Employee
III. Management Tool No. 3: Medical Certifications and Fitness-for-Duty Requirements
A. Required Information
B. Recertification
C. Fitness-for-Duty Report
IV. Management Tool No. 4: Managing Intermittent Leaves and Reduced Scheduled Leaves
A. Medical Necessity
B. Qualification for Leave and Calculation of Leave
C. Transfers
V. Management Tool No. 5: Substitution of Paid Leave for FMLA Leave
A. Lawful Substitutions
B. Lawful Designations
VI. Management Tool No. 6: Job Protection Under FMLA
A. Termination for Reasons Unrelated to FMLA Leave and Outside Employment
B. Key Employees
C. Periodic Reports
January 20, 2009
I. Management Tool No. 1: Qualification for FMLA Leave
A. Eligibility Criteria
B. Serious Health Conditions Under FMLA
II. Management Tool No. 2: Notifications
A. Required Notice to Employer
B. Required Notice to Employee
III. Management Tool No. 3: Medical Certifications and Fitness-for-Duty Requirements
A. Required Information
B. Recertification
C. Fitness-for-Duty Report
IV. Management Tool No. 4: Managing Intermittent Leaves and Reduced Scheduled Leaves
A. Medical Necessity
B. Qualification for Leave and Calculation of Leave
C. Transfers
V. Management Tool No. 5: Substitution of Paid Leave for FMLA Leave
A. Lawful Substitutions
B. Lawful Designations
VI. Management Tool No. 6: Job Protection Under FMLA
A. Termination for Reasons Unrelated to FMLA Leave and Outside Employment
B. Key Employees
C. Periodic Reports
January 9, 2009
I. Types of Background Checks
A. Criminal Background Checks, Convictions and Arrests – State and County Levels
B. Multijurisdictional Criminal Background Checks
C. Federal Record Search
D. International Criminal Records Search
E. Child Abuse History Searches
F. Sexual Offender Searches
G. Motor Vehicle Record Searches
H. Terrorist Watch Lists
I. Credit History
J. Current Address Searches
K. Education Verification
L. Professional License Verification
M. Drug and Alcohol Testing
N. Employment Eligibility Verification (I-9’s)
O. Employee Job References
II. Legal Limitations on Background Checks
A. Federal Fair Credit Reporting Act
B. Common-Law Privacy Restrictions and Other Statutory Limitations on the Use of Criminal Conviction and Arrest Records
C. The Civil Rights Acts of 1964 and 1991 and Other Anti-Discrimination Laws
III. The Downside of Not Performing Background Checks
A. Claims of Negligent Hiring of Employees
B. Claims of Negligent Retention of Employees
C. Other Possible Common-Law Tort Actions
February 5, 2009
I. The Problem of Unauthorized On-the-Clock Overtime
A. Scenario One: The Good Employee
B. Scenario Two: The Bad Employee
C. The Limits of a Policy Requiring Preapproval for Overtime
II. The Problem of Compensable Off-the-Clock Work
A. Pre-Shift and Post-Shift Activities
B. Tasks Performed Away From the Workplace
C. Meals and Breaks
D. Employees Volunteering Their Time
E. Supervisors Shaving Time
III. How to Prevent Unauthorized Overtime
A. Effective Policies
B. Periodic Training
C. Ongoing Management Responsibility
IV. Questions and Answers
January 14, 2009
I. Overview of HR Metrics
A. Basic Measurement Concepts and Terms
B. Importance of Demonstrating Value to the Organization
II. What to Measure
A. Types of Measurements
B. Identify What Should Be Measured
C. Making the Business Case
III. Data Collection
A. Sources of Data
B. Who Collects the Data?
IV. Measurement Issues
A. Customize vs. Standardize
B. Number of Measures
C. Statisticians
V. Communication Issues
A. Identify Stakeholders
B. Communication Strategies
February 9, 2009
I. How to Plan and Structure an Internal Investigation of an Employment Matter
II. Who Should Investigate?
III. Creating an Investigation Plan
A. Who Should Be Interviewed?
B. What Documents Should Be Reviewed?
C. What Records Should Be Generated and Kept?
IV. Interviewing the Victim
V. Interviewing the Witnesses
A. What to Ask
B. What Not to Say
C. Witness Statements, Tape Recording and Documentation
VI. Interviewing the Accused
VII. Confidentiality and Employee Inquiries
VIII. Role of Inside and Outside Counsel for Individuals
A. Attorney-Client Privilege Issue
B. What to Do If the Accused or the Victim Retains Counsel
IX. Retaliation and Interference in Investigations
X. After-the-Fact Investigations
XI. Concluding the Investigation and Determining What to Do
XII. Undercover Investigations, Searches and Polygraphs
XIII. What to Tell the Workforce
November 25, 2008
I. Documenting Employment Decisions
A. The Employee File
1. What Should Be Inside It
2. Federal vs. State Laws
B. Recordkeeping
1. Legal Considerations
2. Types and Frequency
3. Most Common Errors
C. Employee Feedback
1. Disciplinary Action
2. Written Warnings
3. Performance Evaluations
4. Termination Documents
D. Other Documentation Issues
1. References
2. Document Retention and Storage
3. Safeguarding HR Information
II. Destruction of Documents
A. Legal Considerations
B. When to Destroy Data
C. Other Ways to Store Data
III. Successful Document Retention and Destruction Policies
January 22, 2009
I. Sources of the Duty to Accommodate Religious Needs in the Workplace
A. Title VII
B. Other Federal Law
II. What Is Religion and What Is Protected?
A. Practice, Belief and Observance – Broad Scope
B. Sincerity of Religious Belief
III. Accommodation of Religious Needs in the Workplace to Avoid Lawsuits
A. Reasonable Accommodation Requirement
1. Title VII and EEOC Guidelines
B. Constitutional Challenges to Legality of Duty to Accommodate
C. Types of Religious Needs and Conflict That Need to Be Accommodated
1. Religious Observance and Scheduling
2. Religious Dress
3. Religious Symbols
4. Religious Speech
a. Worktime
b. Nonworktime
c. Proselytizing
5. Other
D. Reasonable Accommodation and the Defense of Undue Hardship
1. General
2. Cost and the Duty to Accommodate
E. Seniority Systems and the Duty to Accommodate
F. Other Issues Affecting the Duty to Accommodate
G. Conflicting Laws and the Duty to Accommodate
H. Reasonable Accommodation – Balancing Competing Interests
I. Employer’s Duty to Propose a Reasonable Accommodation
J. Consideration of Alternative Means of Accommodation
K. Employee’s Cooperation Role in Religious Accommodation
L. Employee’s Duty to Give Employer Notice of Conflict
M. No Employer Duty to Inform Employee Regarding Consequences of Rejecting Reasonable Accommodation
N. Temporary Accommodation
O. Long-Term Conflict Accommodation
P. Accommodation of Federal Employees’ Religious Beliefs
Q. Other Defenses
IV. Practical Tips to Avoid Employee Lawsuits Regarding Religious Accommodation in the Workplace
December 16, 2008
I. What Technology Is Included in the Rules?
II. Who Is an Internet Applicant? Unsolicited Resumes, Expressions of Interest; Contractor Consideration: Job Fairs, College Recruiting; Applicant Removal (Withdrawal) From Consideration (Necessity for Two or More Nonresponses to Contractor Inquiries)
III. What Parameters Can Be Placed on Applicants? What Are Basic Qualifications? Objective, Noncomparative and Relevant
IV. What Records Must Be Kept? How Long to Retain Applications and Other Records; Importance of Job Descriptions; Use of Outside Recruiters (Their Obligations)
V. Requirement to Obtain Protected Class Status
VI. What Constitutes Qualified? Employment Tests
VII. How to Manage Data
February 3, 2009
1:00 pm - 1:05 pm
I. Overview
A. Discussion of Problems That Employers Have With Absenteeism Due to Illness and for Other Reasons
B. Increased Desire for Flexibility Among Employees
1:05 pm – 1:15 pm
II. Different Types of PTO Policies
A. Absences Due to Vacation and Other Holidays
B. Absences for Personal Reasons
C. Absences Due to Illnesses
1:15 pm – 1:35 pm
III. Pros and Cons of Different Types of Policies
A. Pay Out at Termination Issues
1. Obligation to Compensate Employees for Unused Personal Time at Time of Termination
B. Encouraging of Absenteeism Through Policy Structure
1. Pay Out Issues
C. Compelling Usage of Time for Various Types of Absences
1. Impact on Morale of Various Concepts
1:35 pm – 1:55 pm
IV. Interplay of PTO Policies With Other Laws
A. Wage and Hour Law
1. Salary Issues
2. Intermittent Leave Issues and Salary Basis for Exemption
B. Family and Medical Leave Law
1. Discipline for Absenteeism
2. Compelling Exhaustion of PTO Benefits
3. PTO Policies and Intermittent Leave Issues
C. Laws Pertaining to Reasonable Accommodation of Disabilities
1. PTO Policies as Reasonable Accommodation
1:55 pm – 2:15 pm
V. Designing a PTO Policy That Enhances Employee Morale and Reduces Absenteeism
A. Plan Design
B. Enhancing Employee Satisfaction
C. Reducing Absenteeism
D. Implementation Issues
1. Dealing With Obligations Under Old Policies
E. Practical Experience of Employers
2:15 pm – 2:30 pm
VI. Questions and Answers
December 5, 2008
I. Brief Overview of Wage and Hour Requirements Applicable to Telecommuting Employees
II. How to Properly Record All Hours Worked by Telecommuting Employees
III. How to Properly Compensate Telecommuting Employees for All Hours Worked, Including Overtime
IV. How to Compensate Telecommuting Employees Who Are Required to Wait for Work or Instructions
V. Wage and Hour Issues Involved in Requiring Telecommuting Employees to Travel to the Employer’s Workplace
VI. Other Wage and Hour Issues Applicable to Telecommuting Employees, Including Any Obligation to Pay for Mileage
December 9, 2008
I. The At-Will Employment Relationship
A. General At-Will Rule
B. What Are the Exceptions to the General At-Will Rule?
II. The Guts of an Employee Handbook
A. Mission Statement
B. Employee Relations Philosophy
C. Modification of Policies
D. Compliance With Governmental Laws and Regulations
E. Employment at Will
F. Equal Employment Opportunity
G. Reasonable Accommodation
H. Anti-Harassment
I. Performance Reviews
J. Pay Raises
K. Personnel and Medical Files
L. Keeping Information Up-to-Date
M. Separation From Employment
N. Probationary Status
O. Categories of Employment
P. Ethics
Q. Definition of Workweek and Workday
R. Attendance and Punctuality
S. Leaves of Absence
T. Inclement Weather
U. Payday
V. Payroll Advances
W. Code of Conduct
X. Violence in the Workplace
Y. Employee Benefits
Z. Safety
AA. Company Policies and Procedures
BB. Smoking in the Workplace
CC. Drug and Alcohol Use
DD. Personal Telephone Calls
EE. Dress Code
FF. Religious Accommodation
GG. Outside Employment
HH. Business Opportunities
JJ. Parking
KK. Solicitation and Distribution of Materials
LL. Protecting Company Information
MM. Disciplinary Action
NN. Electronic Communications
OO. Tape Recording
PP. Employment Verification