Actions Telephone Seminars - Training Resources

Telecommuting: The Next Wave of Wage and Hour Litigation ...lawsuits filed by telecommuting employees (often as class actions) claiming violation of various state and federal wage and hour laws, suggesting a new trend in wage and hour litigation. If you currently have nonexempt telecommuting employees or are considering allowing nonexempt employees to telecommute, you need to be aware of the legal landscape affecting such employees and take steps to  more...

Techniques to Prepare for Difficult Employee Discussions ...orkplace engagement, holding people accountable for their actions and treating adults like adults - all while shifting responsibility for individual improvement away from the company and back to the employee - where it belongs in the first place. More important, we'll develop a structured model and framework that will allow you deliver even the most difficult messages while treating people with  more...

Noncompetition Agreements for the HR Professional: Protecting the Company's Business Resources? ...ctive way to protect your company's resources against the actions of departing employees is the noncompete agreement. But effectively using noncompetes requires knowledge of your and other states' laws, and good decisions both in the design and enforcement of the noncompetes. This teleconference will give you the tools to start effectively using noncompetes or, if you already are, to improve  more...

HR Time Lines: The Complex Integration of FMLA, WC, Disability and COBRA BenefitsHow do worker's compensation, FMLA, disability and COBRA laws work - together, independently or concurrently? What can run together? What cannot? When can we cancel the health plan, for what reason and is it a COBRA qualifying event? We will pull all of these together to explain the employer's liability. When can coverage be canceled? What laws protect employee benefits? Many times all  more...

Complying With OSHA Recordkeeping Requirements ...under the OSH Act are targeted for additional enforcement actions. One of the key components of OSHA's strategy for identifying workplaces to be inspected and an item reviewed in virtually every inspection conducted, is injury and illness recordkeeping. This teleconference is designed to familiarize you with the requirements of OSHA's rules on recordkeeping and reporting for occupational  more...

The Interstate Land Sales Full Disclosure Act: Application to Condominiums and Single Family Homes ...r of developers and exposes them to individual rescission actions and sometimes class action suits on a broad scale. Finally, the issue of piggyback exemptions will be explored and discussed. Whether to defend against rescission for sales already made or to increase the chance of compliant future sales, this teleconference is critical for strengthening ILSA compliance to withstand and overcome  more...

Jeopardizing Exempt Status: Top 10 Mistakes Employers Make and How to Avoid Them ...arily 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. It will also address certain  more...

Conducting Background Checks ... will find themselves defending against their own illegal actions. This teleconference will discuss generally the kinds of background checks that can be conducted by employers and will likewise address the various legal restrictions imposed (primarily under federal law) for conducting background checks. Lastly, any applicable prohibitions on how acquired background information can be legally  more...

When HOA's and the IRS Compete for Lien Property: Lien Priorities, Perfections and Foreclosure Rights ...gation, or neglecting to include IRS liens in foreclosure actions when such liens could otherwise be foreclosed. When an IRS income tax lien appears on record for the real property in lien collection and foreclosure cases, you need to understand these respective lien rights, how to recalculate the HOA's lien balance if necessary and when to not pursue collections. This teleconference will  more...

Ethical Issues in Effective Settlement Negotiations BenefitsThis teleconference will outline the key ethical rules and parameters faced by lawyers during negotiations of litigated matters, and emphasize the recent guidance from the ABA and various state and federal courts on matters ranging from basic duties of disclosure to the often murky rules affecting class actions and the settlement of complex litigation affecting numerous parties. This  more...

Prevailing Wage Law--An Understanding of The Davis-Bacon Act ...the principal 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 contractors in defending these actions. The  more...

Measuring Inefficiency on a Construction Project ...e inefficiency to the owners and design consultants whose actions can lead to inefficiencies. The first step toward managing efficiency is to understand what it is and know how to measure it. That is the objective of this teleconference. The benefits of being a part of this teleconference include an experienced instructor who will explain ways to enhance your ability to detect inefficiencies  more...

Fair Housing Act: 2009 Hot Topics ...m of the current hot issues in the courts and enforcement actions ranging from state agency complaint letters to class action litigation seeking many millions of dollars in damages and remediation. The faculty consists of three attorneys: a prominent litigator who has assisted property owners, lenders, developers and managers in FHA, ADA and Rehabilitation Act compliance and litigation all  more...

Construction Documentation: Preparing Effective Job Records BenefitsAlthough the term 'papering the file' is often associated with increased documentation efforts in preparation for litigation after a job has gone bad, it shouldn't be. Effective communication and accurate recordation of those communications can keep the parties - and the project - on course and out of litigation. And should an irreconcilable dispute nevertheless arise, thorough project  more...

Reductions in Force Litigation Update BenefitsWith the continued recession, employers have been faced with significant challenges to reduce costs. Since personnel accounts for a major proportion of overhead, one possible area of consideration is that of a reduction in the workforce. While reaching and implementing such a decision will, in optimum circumstances, involve significant input from counsel experienced in both employment and  more...

Don't Bet the Company: Understanding and Avoiding Class Actions in Labor and Employment Law! ...ia reports of companies settling employment-related class actions for many millions of dollars. The horror of class actions is that a small claim among a few employees can mushroom into a huge claim worth millions of dollars once some ferocious plaintiff's lawyers get their teeth into it and add hundreds of additional claims through the simple process of becoming a class action. Not only do  more...

How To Prevent Construction Projects From Going Bad ...come more risky than ever. This teleconference focuses on actions you can take to keep your project pointed toward success. It addresses the steps that can and should be taken to help anticipate, identify and manage the problems inherent in the construction process. n nThis teleconference is intended to benefit attendees who want to have a better understanding of the pitfalls of the  more...

Understanding the Language of Mold Assessment Reports nLaymen and professionals who do not deal with mold assessment reports on a regular basis are likely to struggle with understanding the language presented in a mold assessment report. They may be prone to accepting the written word of the consultant at face value, without question. This would be a mistake for anyone. For others it could be considered negligent and result in liability. Far too many  more...

7 Questions to Ask When Establishing Cause for Disciplining and Terminating Employees nThis teleconference will focus on understanding and implementing a simple, yet comprehensive approach to investigating and documenting potential disciplinary and termination actions. You will learn seven questions to establish cause for discipline or termination, as well as why proper investigation and documentation minimizes potential for the filing of discrimination claims, decreases settlement  more...

Bankruptcy Preferences nLenders, borrowers, vendors and purchasers alike all risk receiving a notice from a bankruptcy trustee demanding a return of funds, legitimately paid out by the debtor, as a preference. Attorneys representing debtors, trustees and creditors must be intimately familiar with the elements required to prove a preference and as well as to defend against one. This teleconference will provide an  more...

401(k) Plan Costs Including Recent Update on Supreme Court Rule LaRue v. DeWolff, Boberg & Associates Inc. ...dcom and Sarbanes-Oxley, to the more recent massive class actions filed against Fortune 500 companies regarding 401(k) plan service fees, decision makers face increasingly tough choices and more difficult compliance challenges when it comes to providing 401(k) plan benefits. Arguably, the most rapidly evolving yet least understood element to this challenge is posed by the rigorous ERISA  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...

Common NEPA Mistakes and How to Avoid Them ...mental 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 properly complying with NEPA. Thus, there are many mistakes in implementing the law. This teleconference will identify some of the most common mistakes made under NEPA and  more...

Pitfalls with Lean Implementation nAre you (or about to be) in the 90% lean failure group? In implementing lean, the cards are stacked against your success. The sad truth is this: eight or nine organizations of 10 who embark on implementing an improvement initiative like lean, Six Sigma or Lean Six Sigma FAIL to get the benefits they should. This wastes time and money, and disenfranchises the workforce. In extreme cases, it can  more...

Multiplaintiff Settlement Negotiations ...actions continue to increase. More and more employers are facing wage and hour cases and collective actions under the FLSA. Plaintiffs' counsel increasingly are relying on the benefits of Rule 23 certification to bring their wage and hour claims under applicable state wage and hour laws, bypassing the more restrictive FLSA collective action "opt-in" process. Where courts have shown reluctance  more...

Estate and Gift Tax Audits nThe first question the executor asks when the estate tax return is selected for audit is "why this return?". What was it about the return that caused it to be selected for IRS examination? n nThis teleconference answers that question and many more related to the subject of estate and gift tax return audits. Learn about the characteristics that trigger audits and why some estate and gift tax  more...