Resource Law Telephone Seminars

Prevailing Wage Law: An Understanding of Davis-Bacon BenefitsAlleged violations of wage and hour laws have become 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  more...

Implications of Medical Marijuana in the Workplace BenefitsAn applicant takes a pre-employment drug screen and tests positive for marijuana but tells you that he is a registered user of medical marijuana to treat his medical condition. Can you refuse to hire him? An employee tells you that he needs to take a daily break in order to consume medical marijuana to treat his cancer. Do you have to accommodate this request? How is this request different  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...

Learning on the Job: Creating Legally-Sound Internship Programs BenefitsCreating a successful internship program is not as simple as identifying and assigning appropriate projects and requiring interns to shadow your employees. An internship can be a wonderful opportunity for the participant to learn about a business, organization, or industry. Organizations that maintain internship programs must be mindful, however, that they must comply with several federal  more...

COBRA: A Little of Everything is Changing BenefitsThis live audio conference is for agents and new employee benefit specialists or the seasoned specialist that want to double check the basics and the most recent changes in the COBRA law. We will discuss who has the compliance responsibilities and what an employer must do every day to be in compliance! How do all of the employee benefit laws work together - when do they work separately.  more...

Employee Discipline for Conduct Outside of Work BenefitsIn this informative live audio conference, you will learn the legal rights and responsibilities of employers in disciplining employees for conduct outside of work. You will hear about recent legislation and court cases involving some of the hottest topics in employment law, including employee discipline for blogging, web-based 'employer trashing,' workplace dating and extramarital affairs,  more...

Rules and Responsibilities Regarding Abandoned Wages BenefitsThis live audio conference will examine the rules and responsibilities regarding abandoned wages. If your payroll department is not handling unclaimed wages properly, you could be placing your company at risk for huge audit assessments, significant interest accumulations, and civil and criminal penalties. If your company issues any type of employment checks whether it be wages, bonuses,  more...

How to Handle Travel Pay Legally BenefitsMany companies do not understand how to compensate an employee properly for time spent traveling to destinations other than a regular work site. Many companies send employees to conferences and other work sites using commercial travel and personal vehicles. This live audio conference will enable you to understand how and when to compensate an employee for travel time away from a work site.  more...

Florida Employment Law Update BenefitsThis audio conference will provide you with working knowledge of the most prevalent issues facing Florida employers. The speakers, experts in management labor and employment law, have identified three areas of utmost concern. You will gain insight and the tools necessary to avoid and combat these common workplace problems. This audio conference is designed for human resource managers,  more...

Status Classification: Exempt vs. Nonexempt BenefitsEmployees 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  more...

Understanding Massachusetts' Exemptions to Employment at Will BenefitsMany Massachusetts employers feel overwhelmed by the number of laws and regulations that govern the employee-employer relationship. Often, employers feel restricted in properly dealing with employee issues, especially when employees claim they have rights or they are being harassed at work. Massachusetts law, however, recognizes at-will employment, which provides you with significant  more...

Anatomy of a Natural Resources Damage Claim BenefitsNatural resources damage claims are an integral part of the environmental clean up and restoration process. Federal, state and tribal natural resource trustees have stepped-up their activities with respect to the natural resources damage assessments process and in their efforts to recover for alleged damages. Trustees are forging forward with assessment activities, involving themselves in  more...

Form 5500 Reporting Update BenefitsEmployers who offer an employee benefit plan must file an annual report regarding the plan's financial condition, investments and operations, unless specifically exempt by law. Filing the Form 5500 will satisfy this requirement. This audio conference will help you understand when you need to file a Form 5500 and what you need to file, and will focus on some recent changes that may impact  more...

Web Research Beyond Standard Search Engines BenefitsIn today's wired world, many attorneys report being overwhelmed by information, especially in electronic format. This fragmentation of attention flies in the face of the requirements that practicing attorneys are required to stay current on trends and changes in the law. Additionally, the cost of electronic information can be a burden on an attorney's legal resources. Free legal Internet  more...

Recent Developments in Employer Liability for 401(k) Investments BenefitsUnhappy employees, U.S. Department of Labor investigations, IRS investigations, massive class action lawsuits - an ever-expanding list of factors bombards sponsors of 401(k) plans, and places companies and their management potentially in the cross hairs. From Enron, Worldcom and Sarbanes-Oxley, to the more recent massive class actions filed against Fortune 500 companies regarding 401(k)  more...

Family Responsibility Discrimination Law: Family Friendly Employer or Litigation Target? BenefitsFamily responsibilities discrimination against employees because of their family caregiving responsibilities is becoming a major issue for employers. Employers have been the subject of increasing but not well understood claims based on FRD claims. These claims have been pursued under a variety of both federal and state laws, and have resulted in multimillion-dollar verdicts. This  more...

Labor Law: Could 2011 Be the Turning Point for Unions? BenefitsIt's been almost two full years of President Obama's administrative initiatives - a rollout of many campaign promises. Unions played a vital role in the 2008 elections and they continue to have a large voice in upcoming Congressional elections this fall. While most of the country has been focused on health care reform, 2011 could prove to be a pivotal year for union activity. What  more...

Health Care Reform Update BenefitsPresident 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  more...

Texas Nonsubscriber Claims 101: Perspectives From Employees and Employers BenefitsTexas is the only state in the union that permits employers to opt-out of worker's compensation insurance. Employers who opt-out are known as nonsubscribers. Some nonsubscriber employers purchase insurance products that pay for medical care, lost wages and indemnify the employer if a claim is filed. Other employers self-insure and handle claims in-house or send them to third-party claim  more...

Handling Paid Leave Requests in New Jersey BenefitsIn January 2009, New Jersey became one of only a handful of states mandating that certain kinds of family leave be paid leave. Paid leave brings with it new employer compliance questions. For example, what must an employer do when an employee makes a paid leave request? Who pays for such paid leave? What laws are implicated by such a request and who decides whether an employee is eligible  more...

10 Employee Handbook Mistakes You Can't Afford to Make BenefitsWith major developments occurring in labor and employment law over the past year, now is the perfect time to review your employee handbook to ensure it is in compliance with the latest changes and includes best practices. To avoid errors in this process, you will learn the top mistakes employers make and the keys to making the employee manual a valuable tool. The new governing legal  more...

Current Issues in CEQA BenefitsWhile others chose to fight over the reality of climate change, those of us who work on new development or projects in California only have time to fight to keep up with the enormous changes in California law and jurisprudence concerning climate change. This teleconference will provide an update on the proposed changes to the California Environmental Quality Act guidelines for mitigation  more...

Conducting Background Checks BenefitsAn ever increasing number of employers are recognizing the benefits that can be derived from conducting background checks on both current and prospective employees. While background checks can be an effective tool for weeding out questionable employees, legal limitations on how such checks can be performed (and how the resulting data discovered can be used) must be understood or otherwise  more...

ADA Interaction with Addictions and Personal Habits BenefitsOne of the most confounding problems for employers is what to do when an employee comes forward with a drug problem or when an employee appears to be intoxicated while at work. This teleconference is designed to educate legal and HR professionals in addressing those situations within the boundaries of the Americans with Disabilities Act, which generally protects recovering drug addicts and  more...

Criminal Liabilities Under HIPAA BenefitsMany hospitals, physician offices and other covered entities have been surprised to learn that HIPAA rules provide for criminal penalties - up to 10 years in prison for intentional violations! Now the stakes are higher and there are more stakeholders: recent stimulus legislation dramatically increased the stakes for HIPAA compliance by substantially increasing penalties for HIPAA  more...

Screening Applicants Using Social Networking Sites: Legal or Liability? BenefitsJob applicants have long used the internet to research employers. But now, employers are using the internet to research job applicants as well. Employers aren't only using search engines to find information on applicants but are now examining social networking sites, such as Facebook or MySpace . For job applicants, social networking site are places to interact with peers in any manner  more...

Enforcing Federal Garnishments BenefitsNearly every employer at one time or another has received a garnishment, whether for taxes, child support or general creditors. Failing to follow garnishment laws can be very costly for employers, and thus it is critical to carefully follow the requirements of any garnishment. This teleconference will explain the different kinds of garnishments under federal law and their use and  more...

Implications of the Stimulus Package on HIPAA BenefitsThe American Recovery and Reinvestment 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,  more...

Independent Contractor Reporting BenefitsIndependent contractor status has distinct advantages for companies and workers, and continues to grow in popularity. However, as independent contractor relationships have become more common, the risks have become more apparent as well. This teleconference will help you understand how independent contractor status is determined for tax, EEO state law and other purposes, including in PEO  more...

Avoiding Costly Mistakes In Harassment Policies and Investigations BenefitsSexual and other forms of harassment remain a significant problem for employers. Courts and legislatures continue to create new obligations for employers and continue to increase the potential for liability for employers. Many employers continue to have policies and procedures for harassment that are outdated or that actually create potential liability. This teleconference will help you  more...

Can Medical Tourism Lower Your Healthcare Costs? BenefitsThis teleconference will address a myriad of legal issues associated with persons traveling abroad for their medical care. Medical travel, or medical tourism, has become a major focus of interest as a potential means for helping to mitigate the high cost of health care in the United States. It is no longer really about tourism but substantially more about the nature of medical care that  more...

Discipline and Termination Considerations for Employees on Leave BenefitsIn an economy when many employers are forced to terminate employees, they should be cognizant of federal and state laws that may be implicated with respect to employees on leave. Employee leave can be as short as a few hours to vote, several months to care for a newborn or longer than a year due to a disability. In the event that an employee who is on leave will be terminated, whether for  more...

To Test or Not to Test: The Legal Implications of Pre-Employment Testing BenefitsAs technology advances and the pool of job applicants increases, pre-employment testing is becoming a more common hiring practice for many employers. But are all tests created equal? Are they all legal? This teleconference helps you navigate and understand the different types of pre-employment tests and understand the pros and cons of testing job applicants. This teleconference will also  more...

Work-Related Stress Claims: Overview, the Law and Strategies for Defense BenefitsPerhaps the most nebulous and ill-defined workplace injury involves the claim of mental disability as the result of stressful working conditions. Unlike the garden variety orthopedic injury and even pulmonary injury, there is no objective medical evidence that can unequivocally establish psychiatric disability, let alone its relationship to workplace stress. This teleconference will solely  more...

Don't Bet the Company: Understanding and Avoiding Class Actions in Labor and Employment Law! BenefitsYou have all seen in the news media 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  more...

ADA Update: Overview of Americans with Disabilities Act and Practical Implications for Employers BenefitsThe ADA Amendments 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  more...

Paid Sick Leave Update: Policies and Procedures in an Evolving Workplace nMany employers voluntarily provide their employees with paid sick leave. Increasingly, however, states and localities are dictating that employers allow employees to use these voluntarily-provided paid sick leave benefits for reasons beyond those covered by the employer's program. In some cases, states and localities have begun to mandate that employers provide employees with a minimum paid sick  more...

Writing an Employee Handbook nAre you overwhelmed with the task of revising your existing employee handbook or of preparing a new employee handbook? Are you unclear about what types of employment policies are required by federal law? Stop worrying and attend this teleconference. You will learn which policies are required by law and what employment laws apply to employee handbooks. Take the first step to creating your employee  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...

Labor Law Update: Preparing for Upcoming Regulations nAttend this teleconference and learn the new laws and strategies regarding a variety of employment-related laws that are in effect or are expected to be in effect for 2009. From the new COBRA rules, FMLA regulations, EFCA and union initiatives, issues involving wage and hour and independent contractors, the latest drug and alcohol testing, confidentiality and security of personnel data,  more...

The New HIPAA Special Enrollment Rules and Related Disclosure Issues nRecently enacted legislation expands the special enrollment rights currently applicable to group health plans and imposes new notice and disclosure obligations for employers that maintain such plans. While many of these obligations are not effective until after 2009, the special enrollment changes are effective April 1, 2009. In addition, the new law imposes civil penalties of up to $100 a day  more...

Preparing for and Properly Reacting To Legal and Illegal Drug and Alcohol Use in the Workplace nDrug and alcohol abuse continues to have a huge impact 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  more...

The Do's and Don'ts of Telephone Monitoring nMany employers monitor or record employee telephone conversations as a routine part of doing business. This monitoring must comply not only with the federal wiretap statute, but with a variety of differing requirements imposed by state statutes. Since courts in California have changed the rules for telephone monitoring for anyone who makes a call into California and other states with mutual  more...

Employee Retaliation: Supreme Court Update nThe mere mention of retaliation in the workplace today sends waves of concern throughout an employer's organization. Most recent court decisions recognize retaliation claims 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  more...

What the New Ledbetter Pay Act Means for Employers nOn January 29, 2009, President 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  more...

Using Medical Certifications to Minimize Employer Liability: FMLA, ADA and Workers' Comp nSince the Americans with Disabilities 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  more...

Curbing Unauthorized Overtime Benefits Year after year, one of the most challenging tasks employers face is keeping track of the hours their nonexempt employees work and correctly paying any required overtime premium. When unauthorized overtime occurs, labor costs skyrocket, and businesses face a budgeting nightmare. And when employees perform compensable work off the clock, the potential overtime liability for an employer  more...