The Act Telephone Seminars - Training Resources

New Technology and the Fair Debt Collections Practices Act BenefitsThis teleconference will provide you with information regarding 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  more...

EPA's Rules on Compensatory Mitigation for Impact on Wetlands, Streams and Other Waters BenefitsIn 2008, the U.S. Army Corps of Engineers adopted new rules that dramatically changed its approach 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  more...

Medical Records Releases, Retention and Confidentiality Requirements BenefitsMedical providers and others (health plans, vendors, etc.) who retain medical or health records are often subjected to complex and conflicting requirements to maintain the confidentiality and restrict the disclosure of the information. Complex and overlapping rules and regulations impose rigid requirements that must be met before information is released, and require medical record  more...

Living With Uniform Prudent Management of Institutional Funds Act (UPMIFA) BenefitsAs of March 19, 2009, 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  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...

False Claims Act Update BenefitsThe False Claims 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 teleconference 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  more...

Stark Act Update: Recent Changes and Operational Challenges BenefitsThe Stark 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  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...

Complying With OSHA Recordkeeping Requirements BenefitsThe Occupational Safety and Health Administration plans to get tough on workplace safety enforcement. OSHA has received more than $50 million in additional funding, plans to hire between 130 and 160 new inspectors, has suspended certain voluntary compliance programs in order to free up resources for enforcement efforts, and has introduced a new program, the Severe Violators Inspection  more...

Hot Wage and Hour Issues: Assuring Proper Exempt and Nonexempt Classification of Your Employees 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...

LEED Tax Incentives and Credits for Green Buildings BenefitsLEED is a certification program for green buildings. Key elements of the program are water conservation, energy conservation and a reduction in waste going to landfill. Federal, state and local jurisdictions are looking for ways to incentivize improved performance in these key areas. The President is working with Congress to pass comprehensive legislation to protect our nation from the  more...

The Interstate Land Sales Full Disclosure Act: Application to Condominiums and Single Family Homes BenefitsIn today's environment, many purchasers of condominium units and homesites are trying to back out of their purchases. Learn how to keep your hard-earned condominium unit sales and single-family home sales from slipping away. Many condominium developers and home builders who are subject to the federal Interstate Land Sales Full Disclosure Act do not understand how to comply, or perhaps  more...

Determining Meaningful Use for Electronic Health Records BenefitsThe 2009 American Recovery and Reinvestment Act stimulus package allotted nearly $20 billion in direct funding and incentives for health care providers to implement health information technology provided they demonstrate 'meaningful use' of a 'certified' electronic health record. This teleconference is intended to provide you with a timely update on the federal government's requirements  more...

Jeopardizing Exempt Status: Top 10 Mistakes Employers Make and How to Avoid Them BenefitsOnce exempt under the Fair Labor Standards 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  more...

FAS 117-1: Endowments of Not-for-Profit Organizations BenefitsIn response to the enactment of the Uniform Prudent Management of Institutional Funds Act in most of the United States, the Financial Accounting Standards Board last year 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  more...

Options Under Section 504 BenefitsPublic and private educational facilities that receive federal assistance must comply with the Rehabilitation Act Amendments of 1973, concerning the rights of disabled employees and students. An educational facility's failure to comply with this law and its related regulations can result in a school being assessed with significant liability, including potential loss of federal funds.  more...

Medicare Secondary Payer Act - Protecting Medicare's Interest in Insurance Settlements BenefitsPursuant to 42 USC Section 1395y(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 workmen's 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  more...

Covenants Not to Compete and Trade Secrets BenefitsThis teleconference will provide an overview and general principles of the law and legal theories related to protecting competitive business interests and confidential business information - one of the fastest growing areas of intellectual property law outside of traditional patent, copyright and trademark concerns. You'll learn about covenants not to compete, nonsolicitation agreements,  more...

Changes to Cafeteria Plans: What You Need to Know to Prepare BenefitsThe IRS recently issued new rules which replaced parts of the old regulations. These new rules are exciting but require you to review and act on your old documents. The information provided will assist you in decisions for the upcoming plan year and how to prepare for the changes. Human resources and benefits managers, attorneys, controllers, CFOs finance directors, payroll managers,  more...

Deductions From Pay BenefitsEmployers often have difficulties navigating through 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  more...

Mental Illness and the ADA BenefitsManaging employees with claimed mental conditions creates unique challenges for employers attempting to comply with the ADA. What mental impairments does the ADA protect? How does the employer know of these often invisible disabilities and of the employee's need to accommodate the condition? How does an employer accommodate conditions that cause employees to violate work rules or request  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...

Employer's HIPAA Privacy and Security Responsibilities Benefits strong New Mandates Under HIPAA and State Laws Create Obligations for Employers /strong Personal and company confidential data, exceedingly valuable assets, are under siege. Organizations across the country and locally have experienced significant data breaches resulting in unauthorized access to a vast amount of personal and company confidential information. At the same time,  more...

Meeting Your Fiduciary Responsibilities Under ERISA BenefitsMaintaining an employee benefit 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  more...

Prevailing Wage Law--An Understanding of The Davis-Bacon Act BenefitsWage and hour laws have become 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  more...

Collective Bargaining and Construction Labor Contracts BenefitsThe construction industry is rife with contractors 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  more...

Financial Planning After Retirement: Coordinating the Retirement Plan with the Estate Plan BenefitsA wrong determination of whether a trust qualifies as a designated beneficiary of retirement benefits can cost the owner decades of tax deferral as well as 50 percent excise tax penalties. Learn how to provide the best asset protection and estate planning benefits for large retirement plans so that the valuable 'stretch out' does not become a 'blow out.' Most trusts are inadequately  more...

Fair Housing Act: 2009 Hot Topics BenefitsThis teleconference will focus primarily on the areas of the Fair Housing Act that are, and have been, receiving the most attention in the courts in the past several years: disability rights and familial status. The program, which focuses on multifamily dwellings, both rental and condominium-type ownership, is intended to provide information to those performing acquisition due diligence,  more...

Clean Air Act Update BenefitsU.S. businesses are facing unprecedented 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  more...

Federal Flood Plain Regulation BenefitsSafety and environmental issues are the most significant issues in flood plain development today. Practitioners continue to struggle with jurisdictional issues under the Clean Water Act regarding wetlands regulation, with new EPA and USACE guidance following the Rapanos decision offering limited relief. In the post-Hurricane Katrina era, FEMA is proposing sweeping changes to flood plain  more...

Obtaining a Portion of the Stimulus Grant Funding BenefitsThis past year the federal government has provided a significant economic stimulus program that has been 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  more...

Providing Investment Advice to Retirement Plan Participants Without Triggering Liability BenefitsThe current recession and volatile financial markets highlight the importance of financial literacy. Until recently, retirement plan sponsors have been constrained in the types of investment advice that can be provided to plan participants. Plan sponsors have long wanted to provide the investment advice their participants desire, but without incurring liability for advice given in good  more...

Taxation Issues When Conducting Business With Native American Tribes BenefitsThe American Recovery and Reinvestment 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  more...

Employment Law Compliance: Disciplining or Terminating a Workers' Comp Claimant BenefitsWhether due to legitimate injury or goldbricking, there is no debating that employee absences cost employers in lost productivity, missed deadlines, supervisor stress and tension among co-workers who are required to pick up the slack. Often an employer's plan to discipline or discharge is put on hold when the employee goes out on leave. How can employers deal with these situations? This  more...

Social Networking in the Workplace: Policies, Monitoring and Discipline Issues BenefitsSocial networking via online tools such as MySpace , Facebook and Twitter has exploded in popularity over the last few years. According to an October 2008 survey, 51 percent of employees accessed social networks at least once per day at work; many of them did so for an hour or more per week. Despite these numbers and the risks inherent in employees using social networking tools, such as  more...

New Regulations for the Credit Card Industry: Prepare Now and Avoid Penalties ...ther provisions will go into effect nine months from now. The Act places special emphasis on regulators to be accountable for enforcement of the law and contains increased penalties for card issuers that violate these new restrictions. To learn how you can prepare your organization for this new legislation, join our panel of experts for this teleconference. Mr. Richard L. Fischer and Ms.  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...

FCRA and FACT Act Regulatory and Litigation Update 2009 nIn the last 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...

Understanding the New GFE and HUD-1/IA Settlement Statements nEffective January 1, 2010, all residential mortgage loan originators will have to change their loan origination forms and procedures to comply with a new rule recently adopted by the U.S. Department of Housing and Urban Development. The new rule dramatically changes both the Good Faith Estimate and the HUD-1 and HUD-1A Uniform Settlement Statements required by the federal Real Estate Settlement  more...

FDCPA Claims Based on Collection Letters nThe collection of debts and judgments is a challenge for most businesses even when the economy is healthy. However, during times of economic slowdown and recession, you will face a higher volume of slow-pay and no-pay problems with both vendors and customers. This teleconference is designed to provide an overview of the Federal Fair Debt Practices Act; an explanation of key terms and definitions  more...

Impact of the New ADA Amendments on Schools nOn January 1, 2009, new federal legislation took effect that dramatically expanded the range of individuals eligible for 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  more...

Internal ERISA Audits: Getting It Right Before the Government Shows Up nEmployee benefits plans are subject to a large number of requirements imposed by the Employee Retirement Income Security Act and by other laws such as the Internal Revenue Code. Failure to comply with these complex and ever-changing requirements could lead to substantial penalties or even the meltdown of the plan. This teleconference will highlight a number of these requirements and show you how  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...

Clean Water Act Jurisdiction Guidance Under the New Administration - Rapanos or Oberstar? nThe federal regulatory landscape affecting development in and around waters of the United States was significantly altered by the Rapanos decision. Indeed, that landscape continues to shift as the Army Corps and the courts respond in new ways to a perceived loss of jurisdiction. This teleconference will help you understand the ever-changing jurisdictional landscape and navigate a course to  more...

Uniform Division of Income for Tax Purposes (UDIPTA): Business vs. Nonbusiness Income Tax nWhile most U.S. states impose income tax on multistate business under the principles contained 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  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 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 You Need to Know About Section 404 Permits nAny proposed project involving wetlands or other waters of the United States is likely to require some type of permit issued by the U.S. Army Corps of Engineers. 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  more...

Common NEPA Mistakes and How to Avoid Them nSince 1970, the National Environmental Policy 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  more...

What the New Ledbetter Pay Act Means for Employers ...atute 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 handling their organization's compensation practices to understand the key provisions of the act and potential  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...

Writing the Critical Teacher Evaluation ...The 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 nMany federal contractors 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  more...

Payroll Recordkeeping: What You Need to Know nIn recent years there has been an explosion in the number of lawsuits and claims for 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  more...

Medical Privacy Rights of Minors nMedical providers and others who come into contact 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  more...