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Employment Law: Solutions for Top Complexities

presented by NBI, Inc.
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Employment Law: Solutions for Top Complexities

Workshop Description/Agenda

FLSA Changes, Hot-Button Issues and More!

When seemingly routine employment law matters become complex, it is essential to have a comprehensive understanding of the matters at hand in order to aid your client's case. An advanced knowledge of employment law matters will also allow you to gain an upper hand over the other side of the table, thus better ensuring your client's success. Don't miss this valuable opportunity to advance your understanding of complex leave of absence issues, complicated hiring and firing concerns, convoluted NLRB guidance on social media policies and more. Ensure you are representing your clients to the best of your ability by taking your employment law knowledge to the next level - register today!

  • Review the latest FLSA changes.
  • Resolve complicated matters concerning intermittent FMLA leave, termination of employees on leave and more.
  • Determine when employers can and cannot use social media in hiring and firing decisions.
  • Gather essential documentation that proves or disproves the occurrence of pregnancy, religious and other forms of discrimination.
  • Examine the complexities of non-compete agreements and determine to what degree they are enforceable.
  • Get the latest information on accommodating medical marijuana users, testing employees for drug and alcohol use and other contentious workplace issues.


11:00 am to 6 pm Eastern Standard Time
Presenters: Daniel L. Marks, Julie A. Pace and David A. Selden

  1. Wage and Hour Compliance: Challenges and Solutions
    11:00 - 11:45
    1. When are Employees Actually Exempt?
    2. When Independent Contractors are Really Employees?
    3. Unpaid Interns and the Primary Beneficiary Test
    4. Travel Time and Payment
    5. Current FLSA Enforcement Trends, Increased Penalties, etc.
  2. Top FMLA Complications: Intermittent Leave and More
    11:45 - 12:45
    1. New FMLA Opinion Letters: Making Sense of it all
    2. Intermittent Leave Challenges: Verification and More
    3. Applying the FMLA to Telecommuters and Others
    4. FMLA Retaliation: Risk Mitigation Essentials
    5. When FMLA Leave is Exhausted: Next Steps
    6. Mastering Challenging Areas: Notices, Recertification, etc.
  3. Proving/Disproving Discrimination and Harassment Claims in the #Metoo Era
    1:00 - 1:45
    1. Burdens of Proof: Quid Pro Quo, Hostile Work Environment, etc.
    2. Does Documentation Establish a Case?
    3. Establishing Pretext for Discrimination and Harassment
    4. How Employers Obtain Summary Judgement Motions
    5. How Employer Documentation Makes or Breaks the Claim
    6. Essential Updates You Need to Know
  4. Social Media, Email and Electronic Communication: Balancing Employer Requirements and Employee Rights
    1:45 - 2:30
    1. Communication for Non-Business Purposes: What Can Employers Regulate?
    2. Private Accounts and Devices for Business Purposes: Top Challenges
    3. Social Media as a Hiring Tool: When is it Wise?
    4. Crafting Social Media, Email and Communication Policies
    5. Making Sense of Current NLRB Positions
  5. Hiring and Firing: Non-Compete Agreements; Separation Agreements and Releases; Background Checks; and Other Considerations
    3:00 - 4:00
    1. How Enforceable are Non-Compete, Non-Solicit and Confidentiality Agreements?
    2. Geographic Scope
    3. Duration of Agreement
    4. Restricted Activities
    5. Potential Employer Liabilities in Hiring an Employee with an Agreement
    6. What Employers Can and Can't Ask About Criminal Backgrounds, Credit Histories, etc.
    7. Legally Compliant Job Offers, Terms and Conditions of Employment Contracts
    8. Terminating Employees on Leave
    9. Creating Legally Sound Paper Trails for Terminations
    10. Separation Agreements and Releases
  6. Drugs and Alcohol in the Workplace: Medical Marijuana and Other Considerations
    4:00 - 4:45
    1. State Medical and Recreational Marijuana Laws: An Overview
    2. Accommodating Medical Marijuana Users: Do Employers Have to?
    3. Drug Testing Considerations for Current and Prospective Employees
    4. Firing and Disciplining Medical Marijuana Users: Legal Perspectives
    5. Drug and Alcohol Policies: Mitigating Employee Confusion
  7. Ethical Issues in Employment Law
    5:00 - 6:00
    1. Key Rules of Professional Conduct
    2. Confidentiality
    3. Privileged Communications
    4. Identifying and Avoiding Conflicts of Interest

Who Should Attend

This program on employment law issues is designed for attorneys. Human resource professionals and accountants may also benefit.

Additional Information

Training Provider: NBI, Inc.

Course Topics: HR Management Training > Labor/Employment Law

Training Course Summary: Employment Law: Solutions for Top Complexities

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