The Act Telephone Seminars

Accounting Endowments of Not-for-Profit Organizations After UPMIFA 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, 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  more...

Payroll Recordkeeping: What You Need to Know BenefitsIn 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  more...

Fair Housing Act Design and Construction Requirements BenefitsThis live audio conference will provide an overview of the 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  more...

Current Issues in Wetland Delineation BenefitsMany 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  more...

What You Need to Know About Section 404 Permits BenefitsAny 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  more...

Cell Tower Zoning: Overview and Current Issues BenefitsThis live audio conference will describe the major elements and issues under the 1996 Federal cell tower zoning statute, including the FCC'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  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 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  more...

Covenants Not to Compete and Trade Secrets BenefitsThis live audio conference provides 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 will learn about covenants not to compete, nonsolicitation  more...

Intellectual Disabilities and Employer ADA Obligation BenefitsWith 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  more...

HIPAA Security Compliance Challenges after the HITECH Act BenefitsEveryone who handles any electronic patient information should attend this live audio conference on compliance with the HIPAA security regulation. All entities covered under HIPAA must take special care of electronic patient health information, including establishing policies and taking regular actions as part of a security management process. Under new regulations due to the HITECH Act  more...

Portal to Portal Act: Determining Hours Worked at the Start and End of the Work Day BenefitsEmployees 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 BenefitsEmployees 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 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...

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 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...

FLSA New Fluctuating Workweek Regulatory Guidance BenefitsOver the last two years, the Wage and Hour Division of the U.S. Department of Labor (DOL) has placed the employer community on notice that it intends to be very assertive in its enforcement of the minimum 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  more...

NEPA: Understanding the Basics BenefitsSince 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...

Understanding the Pregnancy Discrimination Act, Employee Family Leave Laws and Return-to-Work Issues BenefitsThe Pregnancy Discrimination 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  more...

The New ADA Design Standards: When, Where and How? BenefitsOn September 15, 2010, the Department of Justice adopted new 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.  more...

Storm Water Pollution Prevention Plans (SWPPP): Developing a SWPPP and the New EPA Storm Water Rules BenefitsCities, states and the EPA are placing new emphasis on storm water discharges from industrial facilities, construction sites and municipalities. They are conducting storm water pollution prevention plan inspections at industrial facilities and construction sites. Some of these inspections have resulted in storm water violations with fines. Nationwide, storm water is a leading source of  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 BenefitsFor the past three years, much attention has been focused on offshore bank accounts and the obligation of U.S. taxpayers to report such accounts on the much-heralded Report of Foreign Bank and Financial Accounts or 'FBAR' form. The FBAR rules require taxpayers to annually report whether they have a financial interest in, or signature or other authority over, foreign bank accounts, and  more...

Americans With Disabilities Act - The Reasonable Accommodation Process BenefitsThis live audio conference will review practical 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  more...

Wetlands Challenges and Use of Mitigation Bank Credits BenefitsWetlands have presented a liability and construction timing risk to companies, real estate developers, oil and gas companies and other parties constructing buildings, 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,  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 BenefitsDisabled students who are classified 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  more...

Considering Medicare's Interest in Future Medical Expenses While Avoiding MSA Overfunding BenefitsThis live audio conference will focus on Medicare compliance in workers' compensation and liability cases in which future medical expenses are likely to be incurred. We will explore the legal obligations of injured persons, insurers, and employers in compliance with the Medicare Secondary Payer Act when settling workers' compensation and liability cases. Explore alternatives to submission  more...

Hot Topics in Native American Financing 2011 BenefitsHear the latest legal news 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  more...

Medical Records Update for Paralegals: Releases, Retention and Confidentiality Requirements BenefitsMedical providers and health plans, vendors, and others 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 repositories  more...

Curbing FMLA Abuse: How to Manage Manipulative Employees ... 50 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  more...

When Words Get In The Way: FDCPA Claims Based On Collection Letters BenefitsThe defects in collection letters form the primary basis of claims against debt collectors. This live audio conference will provide an overview of the typical claims that are brought against 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  more...

Turbidity Control and Testing on Construction Sites BenefitsThe Environmental Protection Agency (EPA) has prepared a draft National Pollutant Discharge Elimination System (NPDES) Construction General Permit which will replace the 2008 Construction General Permit. The public notice period expired July 11, 2011. The 2008 Construction General Permit will expire February 15, 2012. Turbidity (cloudiness or haziness of a fluid) is an important parameter  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 Benefits2010 was the most complex year in the history 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)  more...

All You Need to Know About the Fair Debt Collection Practices Act but Didn't Know to Ask BenefitsAs the economy falters and the credit crisis continues help keep your business out of a lawsuit by better understanding 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  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 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...

Options Under Section 504 BenefitsPublic and private educational facilities receiving any federal monetary assistance (and, arguably, other forms of aid) are obligated 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  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 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  more...

Creating a Payroll Manual: Putting Your Procedures Into Writing BenefitsThe Sarbanes-Oxley 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  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 Benefits2010 has produced the sweeping changes in health care via legislation 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  more...

Medical Privacy Rights of Minors BenefitsMedical 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  more...

Illinois Leave Laws: Navigating a Minefield BenefitsAlthough the economy may have been stagnate, the legislature has not. Over the past couple of years, Illinois has passed or expanded numerous leave laws 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  more...

Impact of Health Care Reform on Elder Law BenefitsThis 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  more...

Implications of the First Investigations Under the FTC Guides for Endorsements and Testimonials in Advertising BenefitsThe benefits of word of mouth and viral marketing via blogs, Twitter , Facebook and other social media platforms are undeniable. These emerging technologies are rapidly taking hold in corporate America and are radically changing the marketing landscape. In an effort to stay current with the way consumers obtain product information, the Federal Trade Commission has, for the first time since  more...

Jeopardizing Exempt Status 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...

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 ...explain the penalties and remedies available to you under the Act and help you develop strategies for maximizing the benefits of the Act. Learning Objectives - You will be able to describe the purpose of Ohio's Prompt Payment Act. - You will be able to explain the 10-day rule. - You will be able to identify the requirements that are critical to protecting project profitability. - You will be  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...

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 BenefitsTiming is often everything when attempting to collect debts and delinquent accounts. A collection dispute can cause prejudicial delays that may severely impair your ability to collect a debt, or worse, may result in the debtor filing a lawsuit against your firm or agency. Collection disputes may take the form of a dispute about the debt itself, whether the debt is owed by the person upon  more...

Reporting and Disclosure Requirements Under the American Recovery and Reinvestment Act of 2009 BenefitsThe 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 BenefitsThe HITECH 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  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 BenefitsIn order to address the needs of constituents with disabilities throughout the state, Illinois developed their own accessibility code. This is required to be enforced by all municipalities. While there are a number of applicable accessibility codes that may need to be addressed, including the Americans with Disabilities Act, Section 504 of the Rehabilitation Act and the International  more...

Dodd-Frank Wall Street Reform and Consumer Protection Act: The Overhaul of the U.S. Financial System ...This teleconference will review many important aspects of the Act, including the new Financial Stability Oversight Council, new resolution authority of the Federal Deposit Insurance Corporation and new consumer protection requirements. This teleconference is designed for presidents, vice presidents, attorneys, branch managers, directors, loan officers, loan department personnel, credit and  more...

Is Your Health Care Plan Grandfathered Under the Health Care Reform? ...ion 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 teleconference will describe what changes may cause a group health plan to lose its grandfathered status. More  more...

Understanding the HIRE Act and Form 941 BenefitsWith all of the new legislation that has affected employers, it is becoming difficult to keep up with the new requirements. During this teleconference, you will obtain the knowledge on how to make sure that your company can take tax benefits being offered to employers for producing jobs and hiring new employees. We will explain in detail the HIRE Act from how to determine what employees  more...

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...

Liability, Cures and Defenses, and Rescission Under the Truth in Lending Act BenefitsLenders and their assignees, as well as loan 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  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...

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 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...

Avoiding Exposure Under The Illinois Wage Payment And Collection Act BenefitsAre you 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.  more...

Climate and Energy Policy: Interpreting State, Regional and Federal Discrepancies BenefitsYou will gain an in-depth understanding of the federal, regional and state requirements - and incentives - with respect to greenhouse gas emissions. Many states are already regulating these emissions and EPA is adopting regulations to require reporting by a wide spectrum of industry and businesses. Understanding the existing rules is critical for analyzing the effects of pending federal  more...

Planning Fundamentals for Illiquid Assets BenefitsPlanning for illiquid assets presents unique and difficult problems 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,  more...

Protecting Assets for Long-Term Care Medi-Cal Benefits BenefitsFamilies with relatively substantial assets can often access California's Medi-Cal program to pay for long-term care. Attentive planning is required, however, to avoid the minefields of government rules and potentially disastrous consequences. Each family's needs beyond Medi-Cal and other government benefits must also be considered. Further complexity has been added to the planning process  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...

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...

Leasing Public Infrastructure BenefitsFinancing of public infrastructure assets has been popular in Europe and Latin America but is a relatively new phenomenon in the United States. During the first part of this decade, the financing of public infrastructure through public/private partnership concession and lease agreements became increasingly popular. Although these transactions have slowed during the recent financial crisis,  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...

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...

Implications of the Unlawful Internet Gambling Enforcement Act BenefitsInternet gambling is legal in many parts of the 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  more...

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...

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...

Understanding the New GFE and HUD-1/1A Settlement Statements Benefits strong Effective 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. /strong The new rule dramatically changes both the Good Faith Estimate and the HUD-1 and HUD-1A Uniform Settlement Statements required by the federal  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...

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...

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 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...

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...

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...

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...

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...

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...

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...

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...

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...

Climate Change and Federal Greenhouse Gas Reporting Rules BenefitsOn October 30, 2009, EPA published the Greenhouse Gasa Reporting Rule, which required approximately 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  more...

When Bad Things (Unexpectedly) Happen to Good Projects: Force Majeure Clauses in Contemporary Construction Contracts BenefitsWhat 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  more...

A Comprehensive Approach to Building Excellent ADA Facilities within the Public Right-of-Way BenefitsMany state and local entities have found 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,  more...

Healthcare Self-Disclosure Update BenefitsThe program will review these and other key questions: - What options do health 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  more...

OFCCP Compliance for Construction Contractors BenefitsConstruction employers who do business with the federal government are subject to numerous nondiscrimination obligations 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  more...

Valid Consents BenefitsEach day patients and their families are faced with the difficult decision of electing to undergo a medical procedure. Before obtaining an affirmative 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  more...

Determining When an Individual With a Disability Is "Qualified" Under the ADA BenefitsAlthough recent amendments 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  more...

Health Information Exchange: The Impact of the Stimulus Code BenefitsIn February of 2009, President Barack Obama signed into law the Health Information 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  more...

Return-to-Work Compliance When Jobs Are Gone BenefitsThe last couple of years have been financially difficult for employers and employees. Many organizations have undergone one or more phases of reductions-in-force, as well as restructuring and creative solutions such as reduced work hours or pay. What can such organizations legally do when employees on a leave of absence want to return to such a changed workplace? This teleconference will  more...

Understanding Insider Lending and Regulation O BenefitsLending to insiders can be a regulatory danger zone for bank officers and directors. While loans to bank insiders 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  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...

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...

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 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...