Act Telephone Seminars

Accounting Endowments of Not-for-Profit Organizations After UPMIFA ...actment of the Uniform Prudent Management of Institutional Funds Act in most of the United States, the Financial Accounting Standards Board, in 2008, promulgated FASB Staff Position No. FAS 117-1. FSP FAS 117-1 provides guidance for nonprofits as to the proper classification of endowment funds when UPMIFA has been enacted and expands the required disclosure about endowment funds. The  more...

Payroll Recordkeeping: What You Need to Know ... overtime and unpaid wages under the Fair Labor Standards Act. Did you realize that liability for FLSA violations can be enormous? Recent reports estimate that over the last few years companies have collectively paid out more than $1 billion annually to resolve FLSA claims! Learn the role of the FLSA and its requirements as to the records to be kept by the employer regarding wages, hours and  more...

Fair Housing Act Design and Construction Requirements ... design and construction requirements of the Fair Housing Act. We will focus on specific building types that are required to comply, safe harbors and practical application of the design and construction requirements. The presenters have worked with residential builders across the country providing plan and construction reviews. In addition they have been providing technical training for HUD's  more...

Current Issues in Wetland Delineation ... project proponents lack the familiarity with Clean Water Act Section 404 regulations and wetland resources needed to develop comprehensive permit applications and build sufficient time for regulatory compliance into project schedules. Similarly many project opponents who grasp the regulatory process are adept at identifying inconsistencies in the implementation of the delineation process. This  more...

What You Need to Know About Section 404 Permits ...eers. As the federal agency responsible for regulating impacts to wetlands, the Corps' regulations and the permit process can represent a significant part of a project's development. The identification of wetlands or other waters on a project site, determination of federal jurisdiction under the Clean Water Act and ultimately the need for any permits can influence project design, schedule and  more...

Cell Tower Zoning: Overview and Current Issues ...CC's 2009 shot clock rule setting 90/150 day deadlines to act on zoning applications, the pending FCC Notice of Inquiry on cell tower zoning, the major federal zoning cases involving cellular towers and practice pointers on how municipalities can successfully handle cell tower zoning cases. You will gain a useful understanding regarding wireless communications technology for nontechnical staff,  more...

Medicare Secondary Payer Act: Protecting Medicare's Interest In Insurance Settlements ...95y(b)(2), commonly known as the Medicare Secondary Payer Act, Medicare may not make payment for medical benefits where payment has been made or can reasonably be expected to be made under a workers' compensation law or plan of the United States or a state, or under an automobile or liability insurance policy or plan (including a self-insured plan), or under no fault insurance. By law, Medicare  more...

Covenants Not to Compete and Trade Secrets ...rotection and misappropriation, the Uniform Trade Secrets Act and state trade secret statutes, the doctrine of inevitable disclosure, reverse engineering, developing a trade secret protection program, assignment of inventions, and associated state law claims often involved in trade secret and unfair competition lawsuits. Although the program primarily focuses upon the employment relationship,  more...

Intellectual Disabilities and Employer ADA Obligation ... the dramatic expansion of the American With Disabilities Act (ADA) by the ADA Amendment Act of 2008 (ADAAA) and the EEOC's ADAAA final regulations effective as of May 24, 2011, ADA claims are skyrocketing. A great many of the burgeoning claims concern matters formerly called mental disabilities and which are now called intellectual disabilities. Intellectual disabilities, which may include the  more...

HIPAA Security Compliance Challenges after the HITECH Act ...ation, including establishing policies and taking regular actions as part of a security management process. Under new regulations due to the HITECH Act more entities than ever need to be in compliance, and HHS compliance audit activity and enforcement penalties are both increased, especially in instances of willful neglect of compliance. If your security fails, you now may be liable under  more...

Portal to Portal Act: Determining Hours Worked at the Start and End of the Work Day ...efitsEmployees and their counsel continue to pursue class action claims for off-the-clock work and unpaid overtime wages at a fever pitch. Thousands of wage and hour class actions asserting violations of the Fair Labor Standards Act or parallel state laws are filed each year and the costs of defending these matters and the damages claimed and paid, whether through trial or settlement, are  more...

Portal to Portal Act: Determining Hours Worked at the Start and End of the Work Day ...efitsEmployees and their counsel continue to pursue class action claims for off-the-clock work and unpaid overtime wages at a fever pitch. Thousands of wage and hour class actions asserting violations of the Fair Labor Standards Act or parallel state laws are filed each year and the costs of defending these matters and the damages claimed and paid, whether through trial or settlement, are  more...

Prevailing Wage Law: An Understanding of Davis-Bacon ...ecome a major source for the new wave of employment class actions, which often result in hundreds of thousands of dollars, and in many cases millions of dollars, of recoverable damages and attorneys' fees awarded to the successful litigants and their attorneys - in addition to the substantial amount of legal fees and administrative costs incurred by employers in defending these actions. The  more...

Form 706: Estate Tax Return Fundamentals BenefitsAmericans have been able to accumulate wealth. It is estimated more than $10 trillion in wealth will be transferred over the next 15 years. If a person has been fortunate to amass significant wealth, the government imposes a tax when the person transfers their wealth at death. In 2011, if a person's gross estate plus adjusted taxable gifts equaled or exceeded $5 million in value, Form 706  more...

Implications of Medical Marijuana in the Workplace ...nject insulin? How do the state medical marijuana laws impact your obligations as a federal contractor under the Drug-Free Workplace Act? This live audio conference will help you work through the thorny issues in hiring, disciplining and other employment related matters within your organization. This program will also help you draft new policies or revise existing policies incorporating the  more...

FLSA New Fluctuating Workweek Regulatory Guidance ... wage and overtime provisions of the Fair Labor Standards Act. Consistent with this philosophy and its current modus operandi, the DOL recently concluded rulemaking that, among other things, discussed 'fluctuating workweek' methodology for calculating overtime under the FLSA. Of particular concern to employers, the DOL in its regulatory preamble stated that the payment of bonuses, shift  more...

NEPA: Understanding the Basics ...Act has been the cornerstone for environmental protection in the United States. To implement NEPA, federal agencies must prepare environmental impact statements or environmental assessments to study the impacts of their proposed actions. Unfortunately, some federal agencies, their consultants and affected citizens do not fully understand the regulations, legal interpretations and practices for  more...

Understanding the Pregnancy Discrimination Act, Employee Family Leave Laws and Return-to-Work Issues ...Act prohibits discrimination on the basis of 'pregnancy, childbirth or related medical conditions.' But what does this mean? The Family Medical Leave Act and the Americans with Disabilities Act may provide protections for employees with certain medical conditions due to pregnancy or who have recently given birth. But how do you know who is covered and what triggers these laws? A misstep may  more...

The New ADA Design Standards: When, Where and How? ...ew design standards under the Americans with Disabilities Act, including the 2004 ADA and ABA guidelines. This live audio conference will provide you with an overview of the new rules, highlights of the major changes, and the potential implications for your business and clients. Presenters include two of the past chairs of the U.S. Access Board. Learning Objectives: - You will be able to  more...

Storm Water Pollution Prevention Plans (SWPPP): Developing a SWPPP and the New EPA Storm Water Rules ...PPP or MS4 program and incorporation of best management practices. This live audio conference will inform you about regulatory compliance with NPDES storm water discharge regulations and provide information for development of an effective SWPPP. Information provided in this audio conference will assist you in developing SWPPPs for construction sites. Further, enforcement examples will be  more...

Employment Law Compliance: Disciplining or Terminating a Workers' Comp Claimant BenefitsThis live audio conference will address many of the difficult issues that arise when considering whether to discipline or terminate an employee who is also a workers' compensation claimant. The program will cover the core concepts underpinning workers' compensation statutes and the primary types of anti-retaliation provisions found in workers' compensation statutes. The live audio  more...

Enhanced Foreign Asset Reporting Rules for 2011: An Update on FBAR and FATCA Requirements ...les, which are part of the Foreign Account Tax Compliance Act (FATCA), signal a new era in foreign asset reporting by U.S. taxpayers, and significantly expand the disclosure requirements in scope and type well beyond what was previously required to be reported on the FBAR form. This live audio conference will explore the new FATCA foreign asset reporting rules, provide an update on the existing  more...

Americans With Disabilities Act - The Reasonable Accommodation Process ...actical issues you have to handle when it comes to the Americans With Disabilities Act. This audio conference will review what employment policies should be contained in your employee handbook, when you can make a medical inquiry, what is a disability-related inquiry, how you should handle a reasonable accommodation request under the Americans With Disabilities Act and what are some practical  more...

Wetlands Challenges and Use of Mitigation Bank Credits ... roads, pipelines, oil and gas exploration and production activities, among many others. Failure to understand and manage these issues had resulted in fines, litigation, and extensive delays in construction. Planning ahead, identifying wetlands, and developing a mitigation strategy before moving dirt is critical to the success of projects involving or affecting wetlands. This live audio  more...

Fair Labor Standards Act: Coverage and Compliance Issues BenefitsA major challenge is ensuring compliance with wage and hour laws. Those laws are extensive and complex, and claims against employers in virtually every industry are on the rise. In particular, employers often misunderstand the exemptions to overtime requirements and fail to properly classify their employees, resulting in potential back pay claims. Even where employees have been properly  more...

Students With Disabilities: How to Legally Discipline ...lassified under IDEA or Section 504 of the Rehabilitation Act are frequently the subject of student disciplinary proceedings in public school districts. It is imperative that public school district officials understand the obligations imposed by the statutes and how to fulfill these obligations. This live audio conference will help the person responsible for overseeing and/or training  more...

Considering Medicare's Interest in Future Medical Expenses While Avoiding MSA Overfunding ...employers in compliance with the Medicare Secondary Payer Act when settling workers' compensation and liability cases. Explore alternatives to submission for CMS approval as a means of compliance. The program advocates a reasoned approach to allocating for the Medicare Set Aside and to deciding whether submission for approval is advisable considering anecdotal evidence of MSA overfunding.  more...

Hot Topics in Native American Financing 2011 ... and developments on the following topics: 1) principal practice guidelines to ensure your financing documents are enforceable and compliant with federal law, including the Indian Gaming Regulatory Act; 2) the National Indian Gaming Commission 'declination letter' review process - how long does it take, what to include in your submission, and what does receiving a 'declination letter' really  more...

Medical Records Update for Paralegals: Releases, Retention and Confidentiality Requirements ...onfidentiality obligations of such record holders; the impact of those laws, and how to establish policies and systems to ensure those laws are met. This program will specifically outline the requirements of the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder, which have been substantially upgraded in the recently-passed stimulus bill and  more...

Curbing FMLA Abuse: How to Manage Manipulative Employees ...million employees have taken advantage of leave under the Act. Managing FMLA leave can be extremely challenging for employers, especially in the face of rampant employee abuse. However, there are tools available to employers seeking to minimize abuse of the protections provided by the FMLA. While there is no 'magic cure' to instantly constrain employee abuse, a clear understanding of the rules  more...

When Words Get In The Way: FDCPA Claims Based On Collection Letters ...st debt collectors pursuant to the Fair Debt Collection Practices Act and the best defenses against such claims, a discussion of recent cases involving claims emerging from the language and format used in collection letters, and practical do's and don'ts to avoid common FDCPA violations. This live audio conference is designed for attorneys, credit and collection managers, presidents, vice  more...

Turbidity Control and Testing on Construction Sites ... fluid) is an important parameter used to evaluate the impact of construction sites on the waters of the United States. The Construction General Permit will require the sample collection and testing of turbidity if the storm water will (1) discharge into a waterway that been placed on the EPA Section 303(d) list of impaired waters for turbidity ('impaired waters'); or (2) discharge into a  more...

When Employee Bloggers Attack: Responding to Negative Employee Comments on the Web BenefitsAs social networking, via online tools such as MySpace , Facebook , and Twitter , have exploded in popularity over the last few years, many employers have had to deal with inappropriate conduct by their employees on the web, including an employee's direct criticism of the company. According to one survey, at least half of all employers have had to discipline employees for inappropriate  more...

The Carryover Basis Election for 2010 Decedents ...y of the estate tax to administer an estate. The 2001 Tax Act, EGTRRA enacted IRC Section 2210, which made the estate tax inapplicable to 2010 estates, and the GST tax inapplicable to generation-skipping transfers made in 2010. The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (the '2010 Act') Section 301(c) permitted 2010 personal representatives the option  more...

All You Need to Know About the Fair Debt Collection Practices Act but Didn't Know to Ask ...anding and learning more about the Fair Debt Collection Practices Act, who is affected, what debts are covered, who enforces it and how you can collect more money while following the law. Failing to properly train collectors is a top reason companies get sued. Don't let this happen to you, learn as much as you can about what constitutes a violation of the FDCPA and how you can avoid making  more...

Changes to Cafeteria Plans: What You Need to Know to Prepare BenefitsThe IRS recently issued new rules which replaced portions of the old regulations. These new rules are exciting but require you to review and act on your old documents. The information provided in this live audio conference will assist you in decisions for the upcoming plan year and how to prepare for the changes. This live audio conference is designed for human resources and benefits  more...

Status Classification: Exempt vs. Nonexempt ...and their counsel continue to pursue individual and class action overtime claims based on the alleged misclassification of exempt workers at a fever pitch. Thousands of lawsuits asserting violations of the Fair Labor Standards Act or parallel state laws are filed each year, and the costs of defending these matters and the damages claimed and paid, whether through trial or settlement, are  more...

Options Under Section 504 ...bligated to comply with Section 504 of the Rehabilitation Act of 1973. This comprehensive statute imposes a number of obligations on such recipients of federal aid regarding disabled students and employees. An educational facility's failure to comply with Section 504 and its regulations can result in time consuming and expensive litigation, an imposing investigation by the Office of Civil  more...

False Claims Act Update ...Act is one of the most important weapons of the federal government in its efforts to combat fraud, waste and abuse in federal contracting and grants. This audio conference will identify and analyze many of the critically important issues in the interpretation and enforcement of the statute, and will review mandatory disclosure of credible evidence of False Claims Act violations. The recent  more...

Creating a Payroll Manual: Putting Your Procedures Into Writing ...Act made it abundantly clear that all areas of accounting within a company should have well documented policies and procedures. These are an integral part of every function and that includes payroll. During this audio conference, we will discuss the steps you can take to ensure your procedures are well documented, clear and concise. During the program, we will discuss how to document your  more...

Complying With OSHA Recordkeeping Requirements BenefitsMany companies do not understand the scope or complexity of the various recordkeeping obligations under OSHA's laws and regulations. This audio conference will provide guidance as to OSHA's recordkeeping requirements, including pending regulatory changes and trends. Learn about OSHA's new penalty policy, as well as the pending OSHA Reform Bill hidden in the Miner Safety and Health Act.  more...

Economic Substance Doctrine Codification Update ...slation titled the Patient Protection and Affordable Care Act. Knowledge of its tax implications, tax credits, employer obligations and other financial aspects will be discussed in this informative audio conference. Awareness of the compliance rules will avoid financial risk and a variety of costly penalties for both individuals and employers. The Health Care Act includes several nonhealth  more...

Medical Privacy Rights of Minors ...act with medical or health records are often subjected to complex and conflicting requirements to maintain the confidentiality and restrict the use of the information. When those providers and others deal with minors, the complexity increases dramatically. When the right of an individual to privacy and security with regard to his or her medical information runs into the rights of the  more...

Illinois Leave Laws: Navigating a Minefield ... presenting even more obligations for employers. The interaction of these laws can be complex and difficult to institute. This teleconference will assist you in understanding their obligations in implementation and compliance. Leaves include Victims Economic Safety and Security Act, the Illinois Military Leave, the School Visitation Act, the Donor's Leave and much more, as well as their  more...

Impact of Health Care Reform on Elder Law ... teleconference will teach you how the recent health care act will affect seniors and persons with disabilities. President Obama signed into law, in March of this year, the Patient Protection and Affordability Act of 2010 and the Health Care and Education Reconciliation Act of 2010. These together are referred to as the Affordability Care Act. This act makes changes to Medicaid and Medicare  more...

Implications of the First Investigations Under the FTC Guides for Endorsements and Testimonials in Advertising ...help advertisers comply with the Federal Trade Commission Act by setting forth the general principles used by the FTC in evaluating ads (and considering whether to initiate an investigation), have a significant impact on testimonial advertisements and the disclosure of connections between advertisers and those who endorse their products and services via various social media platforms. This  more...

Jeopardizing Exempt Status ...Act, employees do not necessarily remain exempt for the duration of their employment. Actions taken (or not taken) by employers can and do jeopardize the exemptions claimed, leading unknowing employers down the path to potentially ruinous liability for unpaid minimum wages and overtime. This teleconference is designed to help you identify issues which jeopardize exempt status and correct them.  more...

Grant and Other Funding Opportunities Under the Patient Protection and Affordable Care Act of 2010 BenefitsThe health reform legislation signed into law in March provides a significant number of direct and indirect federal grant funding opportunities for medical providers, hospitals, home health agencies, nursing facilities, colleges and universities, and employers. Under several of the grant programs, state and local government, and nonprofit entities are flow-through entities through which  more...

Ohio Prompt Payment Act Update ...Act contains some often misunderstood or overlooked requirements that are critical to protecting project profitability. Cash flow is the lifeblood for most companies, but particularly contractors. Many contractors, subcontractors, specialty trades and suppliers are forced to finance the construction of a project as a result of delayed payment from their contracting partners, often resulting in  more...

Labor Law: Could 2011 Be the Turning Point for Unions? ...e reform, 2011 could prove to be a pivotal year for union activity. What businesses may not be aware of, are many proposed, smaller amendments to NLRA and NLRB rules - when coupled with some form of passage of the Employee Free Choice Act - could prove to be disastrous for employers lacking knowledge and experience against a revitalized union organizing campaign. How might the card check  more...

Health Care Reform Update ...t Obama signed the Patient Protection and Affordable Care Act into law on March 23, 2010. This legislation will effectively restructure one-sixth of our economy and have a significant impact on our personal lives. Beyond the partisan politics and media hype are the practical concerns of employers, HR professionals, attorneys, third-party administrators, and other consultants and professionals  more...

Ethical Collections: The Fair Debt Collection Practices Act and Beyond BenefitsCollecting money is increasingly challenging. One of the main rules of collecting is preventing the debtor from sidetracking the process. Never give the debtor ammunition to shoot back at the collector! We will show you how to avoid ethical and regulatory traps that can keep you from being an effective collector! We will guide you through the FDCPA, FCRA, ethical rules, trust account  more...

Collection Disputes: A Good Defense Is the Best Offense ... a collection demand has been made, about the collector's actions and even about the dispute itself. Learn how to recognize, address and resolve disputes that are commonly asserted, and some less common ones. The failure to resolve collection disputes in an appropriate manner and a timely fashion not only may affect the collection of the debt, but may also expose debt collection firms,  more...

Reporting and Disclosure Requirements Under the American Recovery and Reinvestment Act of 2009 ...fitsThe passage of the American Recovery and Reinvestment Act of 2009 has presented a significant number of opportunities for government, not-for-profit and commercial entities to expand upon current and initiate new programs and services. However, ARRA also establishes a number of mandates that recipients must comply with or risk potential financial and legal penalties in addition to public  more...

Business Associate Agreements After the HITECH Act ...Act includes important, new and far-reaching provisions concerning the privacy and security of health information that will materially and directly affect more entities, businesses and individuals in more diverse ways than ever before. The HITECH Act now directly obligates business associates to comply with the HIPAA Security Rule's administrative, physical and technical safeguard requirements,  more...

Schedule C Reporting Update BenefitsAccording to IRS statistics, more than 22 billion Schedule C forms are filed each year. Many of these represent small, often home-based, businesses. However, a large number also represent large, full-time business enterprises. It is not surprising that with such a large vast array of different types of businesses, Schedule C filers are frequent targets of IRS audits. This teleconference  more...

Illinois Accessibility Codes ...o be addressed, including the Americans with Disabilities Act, Section 504 of the Rehabilitation Act and the International Building Code, the more restrictive elements of the Illinois Accessibility Code must always be followed. In order to construct buildings within the state, those involved in the construction process must be aware of the specific requirements of this code. This teleconference  more...

Dodd-Frank Wall Street Reform and Consumer Protection Act: The Overhaul of the U.S. Financial System ...The Dodd-Frank Wall Street Reform and Consumer Protection Act signed into law by President Obama overhauls the United States financial system. This legislation will affect every corner of the financial services industry. Learn how this legislation is likely to affect you. This teleconference will review many important aspects of the Act, including the new Financial Stability Oversight Council,  more...

Is Your Health Care Plan Grandfathered Under the Health Care Reform? ...mandates under the Patient Protection and Affordable Care Act, as modified by the Health Care and Education Reconciliation Act of 2010 (collectively, the 'Act'). The Act provides limited exceptions from the new federal mandates for certain grandfathered plans and new interim final regulations provide detailed guidance on how a plan may retain its grandfathered status. This national  more...

Understanding the HIRE Act and Form 941 ... hiring new employees. We will explain in detail the HIRE Act from how to determine what employees and/or employers qualify, to how to claim the tax benefits with the IRS. Special situations will also be reviewed such as restaurant payrolls, rehires and company's already claiming the WOTC credit. This teleconference is designed for payroll professionals, accountants, controllers, CFOs,  more...

Interstate Land Sales Full Disclosure Act: Application to Condominiums and Single-Family Homes ...ject to the federal Interstate Land Sales Full Disclosure Act do not understand how to comply, or perhaps worse, they think they're in compliance when they're not. These developers do not understand either how to draft unit purchase agreements to comply with the completed home exemption or when circumstances of their program would indicate consideration of registration. This teleconference will  more...

Liability, Cures and Defenses, and Rescission Under the Truth in Lending Act ...oan servicers, continually struggle with Truth in Lending Act compliance and rescission issues, often finding themselves the subject of various TILA claims. This teleconference will help you understand your potential liability, any cures or defenses available and how to determine the best course of action when faced with a TILA violation. It will also address the sometimes confusing rescission  more...

Social Networking in the Workplace: Policies, Monitoring and Discipline Issues ...k within which an employer already facing such issues can act as well as strategies for avoiding such problems to begin with. This teleconference will also provide best practice tips for any employer looking to develop a social networking policy. MYSPACE is a registered trademark of MySpace, Inc. and this event is not sponsored by or affiliated with MySpace. FACEBOOK is a registered trademark  more...

K9 Case Law Update BenefitsThe use of canines in law enforcement continues to increase in criminal investigation, detection and apprehension. Canine encounters have potential implications for prosecuting attorneys, criminal defense attorneys, civil litigation attorneys and labor law attorneys. This teleconference will provide you with an update of case law that addresses the issues that arise from the use of canines  more...

EPA's Rules on Compensatory Mitigation for Impact on Wetlands, Streams and Other Waters ...proach to mitigation under Section 404 of the Clean Water Act, which regulates fill in wetlands and other waters of the United States. The new rules adopt a mitigation hierarchy that moves away from the prior preference for on-site, in-kind mitigation in favor of mitigation banks and watershed-based mitigation programs. The rules also clarify the financial measures the corps will require to  more...

Avoiding Exposure Under The Illinois Wage Payment And Collection Act ...paying your employees correctly? Maintaining proper pay practices has always been challenging due to the highly technical and often changing regulations in this area. Unfortunately, as the number of wage and hour lawsuits continues to spiral out of control, keeping abreast of the current rules and legal developments regarding pay practices has now become a matter of basic survival. The Illinois  more...

Climate and Energy Policy: Interpreting State, Regional and Federal Discrepancies ... also identify some of the opportunities that have been enacted, and the new technologies and practices coming into the market. Learning Objectives - You will be able to discuss EPA Actions under the Clean Air Act. - You will be able to identify regional greenhouse gas initiatives. - You will be able to recognize opportunities and potential burdens. - You will be able to explain incentives  more...

Planning Fundamentals for Illiquid Assets ... for clients, estates and the assets/business involved. Practitioners advising clients with substantial liquid assets need to identify the unique problems and provide guidance and solutions to deal with them. This teleconference will review a broad range of issues and planning opportunities affecting illiquid assets, including both pre- and post-death planning. Addressing liquidity issues in  more...

Protecting Assets for Long-Term Care Medi-Cal Benefits ...lexity has been added to the planning process since the enactment of California's SB 483, the state's most significant step yet toward the implementation of the Deficit Reduction Act of 2005, which made sweeping changes to eligibility requirements for the Medicaid program nationwide. Even after Medi-Cal eligibility is obtained, families must still concern themselves with the Medi-Cal's recovery  more...

LEED Tax Incentives and Credits for Green Buildings ... changing climate. The American Recovery and Reinvestment Act included more than $60 billion in clean energy investments intended to jump-start our economy and build the clean energy jobs of tomorrow. The Department of Energy is issuing a series of grant opportunities directly, and through state and local government, to address these areas. This teleconference will highlight the numerous  more...

Current Issues in CEQA ... proposed changes to the California Environmental Quality Act guidelines for mitigation of greenhouse gas emissions as well as their effects on the environment. We will discuss the many changes proposed to the guidelines, issues and concerns of the private and public sectors, and how this will affect future projects within California. We will also discuss recent CEQA decisions which provide a  more...

Leasing Public Infrastructure ...reements became increasingly popular. Although these transactions have slowed during the recent financial crisis, once federal direct funding through the American Recovery and Investment Act slows, it is thought that these transactions will again become more popular as a way to provide government services without increasing taxes. This teleconference helps government decision-makers and  more...

Meeting Your Fiduciary Responsibilities Under ERISA ...t plan subject to the Employee Retirement Income Security Act of 1974 requires that people managing the plan or investing plan assets become fiduciaries. You need to know when they might become an ERISA plan fiduciary. You must understand your legal obligations to plan participants and beneficiaries. This teleconference will provide you with an overview of the ERISA rules governing plan  more...

ADA Interaction with Addictions and Personal Habits ... within the boundaries of the Americans with Disabilities Act, which generally protects recovering drug addicts and alcoholics. The ADA was recently amended to allow more people to be protected and this teleconference will explain how the amendments affect those with addictions. There are also important exceptions to the ADA's protections and this program will help you know when the ADA is in  more...

Implications of the Unlawful Internet Gambling Enforcement Act ...e world and remains one of the most profitable e-commerce activities, despite a crackdown by authorities in the United States at both federal and state levels. U.S. law in this area is both risky and complex. Intermediaries such as payment services, banks, publishers, and Internet portals all face risks under U.S. law for providing services that are used by illegal gambling businesses. At the  more...

New Technology and the Fair Debt Collections Practices Act ...egarding the interplay between the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act and the use of new technology in contacting debtors. The speakers will cover the use of voice mail, caller ID, email, text messages and faxes, and discuss recent case law addressing the application of this technology to the debt collection industry. This teleconference will assist you to  more...

Stark Act Update: Recent Changes and Operational Challenges ...Act is a very technical law that prohibits several common financial arrangements between physicians and entities to which they refer, including hospitals. If a physician has a financial arrangement with an entity that bills for or performs 'designated health services,' the financial arrangement will need to meet all components of an applicable exception. If the Stark Act is implicated and all  more...

Understanding the New GFE and HUD-1/1A Settlement Statements ...required by the federal Real Estate Settlement Procedures Act and creates significant new responsibilities and potential liabilities in connection with the preparation and provision of those forms. No loan originator can afford to do business after year-end without a complete understanding of the changes brought about by the new rule, which will take considerable time and effort to implement.  more...

Living With Uniform Prudent Management of Institutional Funds Act (UPMIFA) ...009, 29 states have adopted UPMIFA as law and the Uniform Act is presently pending in an additional 16 jurisdictions. By the end of 2009, in most of the United States, attorneys representing nonprofit institutions and those who donate to them and their endowment funds will be governed by new state law which replaces the Uniform Management of Institutional Funds, which had been the law in 47  more...

Implications of the Stimulus Package on HIPAA ...Act includes substantial changes to requirements for the protection of health information privacy and security under HIPAA, some of which are already in effect. New requirements for business associates of HIPAA covered entities and requirements to notify individuals in the event of a breach are only two of the many areas affected in the new law, including new requirements for restricting and  more...

Stimulus Reporting Requirements for Schools BenefitsTen months into the American Recovery and Reinvestment Act of 2009, this teleconference will review the impact on education entities to date, including compliance risks and challenges. An update and analysis of current issues and guidance will be discussed as well as recent reporting experiences and upcoming reporting requirements. School administrators, teachers, special education  more...

Taxation Issues When Conducting Business With Native American Tribes ...Act of 2009 included a number of provisions designed to encourage economic development on Native American reservations, including expanded authority for American Indian tribes to issue tax-exempt bonds for projects on American Indian lands and a $500 million investment of funds for infrastructure, renewable energy, tribal detention facilities and other such projects. As the stimulus measures  more...

Providing Investment Advice to Retirement Plan Participants Without Triggering Liability ...dvice given in good faith. This teleconference provides practical advice to human resource and benefits professionals, along with their consultants and attorneys, as to how to comply with ERISA's rules regarding investment advice, including the new investment advice exemptions under the Pension Protection Act. Regulation of investment advice is rapidly changing. The Obama Administration has  more...

Clean Air Act Update ...uncertainty as to future requirements under the Clean Air Act and an array of new programs addressing stationary and mobile emission sources. The Obama Administration and Congress are poised to usher in a new era of greenhouse gas and energy regulation. At the same time, the Obama EPA is confronting a bewildering array of court-ordered regulatory revisions and politically charged environmental  more...

New Regulations for the Credit Card Industry: Prepare Now and Avoid Penalties ...Credit Card Accountability, Responsibility and Disclosure Act of 2009 to regulate several aspects of the credit card industry. This is one of the most sweeping changes to hit the industry for quite some time. This new legislation amends the Truth in Lending Act, the Fair Credit Reporting Act and the Federal Trade Commission Act, and places a number of restrictions on the credit card industry  more...

Obtaining a Portion of the Stimulus Grant Funding ...primarily implemented through grant funding. The Recovery Act (American Recovery and Reinvestment Act of 2009 signed by President Obama on February 16, 2009) is the economic stimulus package of $787 billion. Because of the national scope of the economic situation, stimulus money has been targeted at nearly every business and industry sector, and many grants for many purposes have been created.  more...

Financial Planning After Retirement: Coordinating the Retirement Plan with the Estate Plan ... in light of the recent changes of the Pension Protection Act. New preparer penalties put an additional premium on determining whether the trust is likely to qualify. This teleconference will help you understand which trusts qualify and which do not, and how to ensure they do. It also discusses two alternatives to owner control that are often overlooked - the trusteed IRA and the IRA annuity.  more...

Collective Bargaining and Construction Labor Contracts ...actors who sign collective bargaining agreements and later find out that the agreements do not accurately represent the verbal understandings they had reached with the union. Many of these contractors soon learn they are bound to the collective bargaining agreements for longer periods of time than expected and that the agreements cover all projects involving work within the union's  more...

Employer's HIPAA Privacy and Security Responsibilities ...ion of HIPAA under the American Recovery and Reinvestment Act of 2009 and the recently issued Massachusetts privacy regulations that become effective January 1, 2010. In addition, this teleconference will include a discussion of some preventive strategies and steps companies can take to address this emerging issue affecting all of us. Human resource managers, benefits and payroll  more...

Deductions From Pay ...ough the complex requirements of the Fair Labor Standards Act. Misclassifying employees' status can be costly to an employee. It is estimated that at least 70 percent of employers are not in compliance with the FLSA. As Department of Labor audits increase, it is critical for employers to understand the FLSA and to recognize the permissible deductions. This teleconference is intended to  more...

Climate Change and Federal Greenhouse Gas Reporting Rules ...10,000 facilities in a broad range of industrial and manufacturing sectors to begin monitoring and reporting greenhouse gas emissions. The rule is intended to inform EPA policy decisions, including possible new source performance standards for GHGs under the Clean Air Act. This teleconference helps those responsible for GHG monitoring and reporting understand how the new rule is structured, and  more...

When Bad Things (Unexpectedly) Happen to Good Projects: Force Majeure Clauses in Contemporary Construction Contracts ...sWhat happens when unforeseen external events, such as an act of nature (e.g. a hurricane or flood), an act of war (e.g. a terrorist attack) or similar sudden, disruptive developments impact a construction project and result in schedule delays and substantial increased costs? Virtually every construction contract contains a force majeure clause providing for schedule and price relief for such  more...

A Comprehensive Approach to Building Excellent ADA Facilities within the Public Right-of-Way ...ound full compliance with the Americans with Disabilities Act within the public right-of-way to be a difficult goal to achieve. This teleconference will provide proven techniques that will increase the chances of fully completing the ADA facilities the first time without costly mistakes or retrofits. This practical approach coordinates the survey, design, inspection and construction of ADA  more...

Healthcare Self-Disclosure Update ...th care providers have for voluntary disclosure? - What factors should health care providers consider when determining whether a potential violation should be reported? - How have these been changed by health care reform legislation and the Fraud Enforcement and Recovery Act? - How does the position of CMS alter the approach of a health care provider undertaking voluntary disclosure? - How  more...

OFCCP Compliance for Construction Contractors ...ligations under Executive Order 11246, the Rehabilitation Act of 1973, and the Vietnam Era Veterans Readjustment Assistance Act. Because of the renewed emphasis on construction contractors by the Department of Labor's Office of Federal Contract Compliance Programs, contractors must be well prepared to defend their employment practices. This teleconference will provide you with an overview of  more...

Valid Consents ...irmative decision, it is important that the health care practitioner obtain informed consent. This teleconference will educate you on how to determine whether a patient is capable of giving informed consent. This teleconference also explains who may give informed consent on behalf of the patient if the patient is incapable of doing so. In addition to informed consent for medical procedures, a  more...

Determining When an Individual With a Disability Is "Qualified" Under the ADA ...ndments have been made to the Americans with Disabilities Act, the requirement that an applicant or employee with a disability be 'qualified' for the job sought or held has not changed. Drawing on regulations from the Equal Employment Opportunity Commission and decisions from federal courts across the country, this teleconference will provide participants with information they can use to (1)  more...

Health Information Exchange: The Impact of the Stimulus Code ...tion Technology for Economic and Clinical Health (HITECH) Act known more commonly as the Stimulus Act. The legislation for a large part included tremendous new legislation, but brings to the forefront, the first time in history, incentives for American doctors to revamp their paper charts to electronic health records format. Behind the graceful parallelism to reform health care, electronic  more...

Return-to-Work Compliance When Jobs Are Gone ... workers' compensation laws, the Family and Medical Leave Act, and the Uniformed Services Employment and Reemployment Rights Act are just a few of the laws that govern this difficult minefield that must be navigated by employers. Failing to comply with these and other employment laws can expose you and your organization to significant legal liability and damage awards. This teleconference will  more...

Understanding Insider Lending and Regulation O ...rs are not prohibited, they are tightly regulated and attract greater than normal regulatory attention, and not without good reason. Insider loan abuses historically have been a major reason for bank failures. This teleconference will review the rules applicable to loans to insiders as set forth in Sections 22(g) and 22(h) of the Federal Reserve Act (12 USC 375a and 375b) and its accompanying  more...

ADA Update: Overview of Americans with Disabilities Act and Practical Implications for Employers ...Act of 2008 takes effect January 1, 2009. The new amendments substantially alter and expand the definition of disabled under the ADA and who might be protected. This teleconference will review the ADA amendments and related issues, provide you with practical advice on how to comply with the ADA, and address common ADA and employment issues that may be impacted by the new law. Human resource  more...

FCRA and FACT Act Regulatory and Litigation Update 2009 ...t year, new federal rules under the Fair Credit Reporting Act and Fair and Accurate Credit Transactions Act have become effective. These rules restrict cross-marketing by financial institutions and other companies; impose new requirements on companies that use credit reports; and require lenders and others to establish new fraud prevention programs. In addition, a spate of federal court  more...

California Employment Law Update nCompanies with employees in California face a bewildering and complicated set of employment laws, which are often inconsistent with federal law. This three-hour teleconference will address the most important and current issues facing California employers (or out-of-state companies with employees in California), including wage and hour compliance and litigation trends, California's unique  more...

An Overview of Maritime Law Torts nAdmiralty law is expansive in its reach covering operations in brown water, blue water and offshore industries. The issues are complex and often involve federal and state law conflicts. An overview of maritime law torts addresses the primary and secondary issues arising out of Jones Act, USL&H and OCSLA claims. This teleconference is of practical interest to the occasional and experienced  more...

Impact of the New ADA Amendments on Schools ...protections guaranteed by the Americans with Disabilities Act of 1990. ADA specified the rights guaranteed to individuals broadly qualified as "disabled." These rights applied to the areas of hiring and working conditions for all employees and also to students eligible for education accommodations under Section 504 of the Federal Rehabilitation Act of 1973. In subsequent years, Supreme Court  more...

Preparing for and Properly Reacting To Legal and Illegal Drug and Alcohol Use in the Workplace ...act on employee productivity and safety. At the same time, recognizing drug and alcohol abuse is outside the expertise of most managers and human resource personnel, while dealing with the problem improperly can lead to significant liability under federal and law, including the Americans With Disabilities Act and employee privacy laws. This teleconference will help you understand what laws may  more...

Clean Water Act Jurisdiction Guidance Under the New Administration - Rapanos or Oberstar? ...next. Failing to give proper consideration to Clean Water Act jurisdictional issues on the front end can delay a project, substantially increase costs and occasionally kill a project. This teleconference will provide you with the knowledge base to avoid common and uncommon regulatory pitfalls. n nLearning Objectives n- You will be able to discuss the Rapanos decision. n- You will be able to  more...

Uniform Division of Income for Tax Purposes (UDIPTA): Business vs. Nonbusiness Income Tax ...tained in the Uniform Division of Income for Tax Purposes Act, state courts and taxing authorities have interpreted that set of relatively uniform laws differently, especially with regard to the definition of business income. The differing interpretations of business income have increased significance to multistate businesses that are in the process of selling assets, liquidating or ceasing  more...

Share-Based Compensation - Impact of Recent Events on the Use of Equity Compensation nExecutive compensation continues to be a hot topic across many industries. Recent changes in share-based compensation rules, principally the changes to Financial Accounting Standards 123(R) [FAS 123(R)], and market uncertainty and declines have led to significant changes in how companies and executives view the role and the value of equity as part of an overall compensation package. Join our  more...

Employee Retaliation: Supreme Court Update ...ms in nearly all areas of employment law and find adverse actions in a variety of circumstances, beyond demotion and termination, for purposes of upholding such claims. Most significantly, the U.S. Supreme Court recently determined in CBOCS West, Inc. v. Humphries, 128 S.Ct. 1951 (2008) that employees can bring retaliation claims under Section 1981, a post-Civil War era race discrimination act,  more...

What the New Ledbetter Pay Act Means for Employers ...sident Obama signed into law the Lilly Ledbetter Fair Pay Act of 2009, effectively changing the landscape of the statute of limitations for equal pay discrimination claims. The act greatly expands the amount of time that employees have to bring claims of discriminatory pay practices, which could have a substantial impact on employers. This teleconference will help the people responsible for  more...

Using Medical Certifications to Minimize Employer Liability: FMLA, ADA and Workers' Comp ...Act was passed in 1990, proactive and proper use of medical certifications has proven to be a valuable tool to protect employers from liability under the ADA, the Family and Medical Leave Act of 1994, and state workers' compensation statutes. But the legal landscape for managing employee health issues has had many changes in recent months. Amendments to the ADA took effect January 1, 2009. The  more...

Writing the Critical Teacher Evaluation ...act of teaching is what finally determines the success or failure of the school. To that end, a well-developed and wisely used evaluation system is the most important tool of school administration. Teacher associations will (appropriately) protect memberships from evaluations that are poorly constructed or poorly delivered. Teacher associations also understand the importance of working with  more...

Green Contracting: the Federal Government's Procurement Policies ...actors will have questions regarding the effective implementation of the OFPP policy and will further be concerned as to whether its costs will impact their competitiveness or ability to perform economically. Additionally, the monitoring and reporting that the government will require will have an impact on time and costs and one wonders if contractual sanctions will be imposed for failure to  more...