Block III:
Special Issues in Employee Relations Law
(Friday 8:00 a.m. - 12:00 p.m.)
Overview of Laws Governing the Employer-Union Relationship
- Analysis of the provisions of the Labor Management Relations Act and other applicable laws.
- Practical guide to understanding and successfully dealing with the National Labor Relations Board.
Practical Guidance for Managing Non-Unionized Employees
- How to minimize legal risk through good hiring practices
- Identification of the most important employment policies
- How to use performance evaluations effectively
- The keys to avoiding an employment-related lawsuit
- How to conduct effective internal investigations
- Managing leaves of absence effectively
- Why employees unionize-recurring problems in the non-union workplace.
- Preventive measures to avoid union organizing efforts.
Changes in the Law and How they Affect You —
The Election Process
- Examination of election procedures-statutory provisions and NLRB processes.
- How to conduct a legal and effective campaign against unionization.
Collective Bargaining
- What should management want in a collective bargaining agreement?
- How to get what you want out of the collective bargaining process.
- Extent of responsibility to bargain in good faith.
- The correlation between collective bargaining agreements and employee handbooks.
Strikes and Picketing Activity
- Legal limits on strikes, picketing, and employer responses.
- Legal remedies and best strategies for dealing with actual or threatened strikes, picketing, and
boycotts.
Operating Under a Collective Bargaining Agreement
- Living with a collective bargaining agreement.
- Making effective use of the grievance procedure.
- Preparing for and winning arbitration cases.
Successorship and the Law
- Buying a business whose employees are unionized.
- Understanding your rights and liabilities in mergers and acquisitions.
Ending the Union Relationship
- The decertification process.
- Other non-election means through which to legally end the relationship.
A survey course that examines legal theories under Title VII and other Civil Rights Acts, including discrimination and harassment based upon race, sex, religion,
national origin, age, and disability.
- Analyzes race, color and national origin discrimination claims under Title VII and the Post-Civil War Civil Rights Acts.
- Examines the various theories of sex discrimination, including such issues as pregnancy discrimination, employee benefits design and equal pay.
- Discusses sexual and other types of harassment, investigations and policies employers need to mitigate their risk of liability.
- Reviews trends in protecting the rights of persons based on sexual orientation.
- Updates religious discrimination issues, including employer obligations to accommodate employees' religious practices.
Strategies and Practical Advice for Dealing with Issues Under the Americans with Disabilities
Act and the Family and Medical Leave Act
- A thorough examination of the Americans with Disabilities Act and the effective handling of the disabled employee, including a discussion of the changed
standards under the Americans with Disabilities Act Amendment Act.
- An analysis of current decisions interpreting an employer's rights and responsibilities under the Americans with Disabilities Act.
- An examination of the Family and Medical Leave Act, its regulations, and recent cases dealing with leave issues.
An Update on Developments in the Law Under the Age Discrimination in Employment Act
- An examination of developing legal issues, including disparate impact claims and defenses.
- A review of issues associated with employee benefits designs, especially severance benefits.
Resolving Discrimination Claims Without Litigation
- Resolving complaints internally and encouraging employees to use your procedures.
- Avoiding litigation through binding arbitration.
- A discussion of recent court decisions concerning the enforceability of agreements to arbitrate employment claims and class claims.
Litigating Discrimination Claims
- A review of the case handling process under EEOC regulations.
- How to win your case at the administrative level.
- An examination of effective litigation strategies.
- Avoidance of retaliation claims.
- Settlement strategies, including pre-charge settlements as well as settlements in conjunction with agencies.
An Examination of Affirmative Action
- A detailed discussion of voluntary affirmative action trends.
- An examination of the requirements of Executive Order 11246 for government contractors.
- How to prepare affirmative action plans.
- Dealing with the OFCCP effectively.
- Update on judicial opinions regarding affirmative action and "reverse discrimination."
This block will address specific employment law/labor law issues of interest to participants not covered
in Blocks I and II plus up-to-the-minute laws, regulations and court decisions. Topics may include:
Wage and Hour Issues
An examination of the Fair Labor Standards Act and regulations affecting the categorization of employees as exempt from minimum wage and/or overtime premium pay and
calculating overtime premium pay under various pay arrangements.
Wrongful Discharge Litigation
An examination of the various theories of recovery arising from employee discipline and discharge. An examination of litigation prevention techniques
including practical suggestions regarding employment policies, internal review procedures, and discipline/termination decision making and implementation.
- Assessments of effective litigation strategies in response to these developments.
- A discussion of post-employment inquiries and the use of separation agreements as a litigation avoidance tool.
Employment-Related Tort Litigation
- Defamation claims arising from communications to employees, other employers, customers and others.
- Intentional infliction of emotional distress.
- Intentional interference with contract or prospective business advantage.
- Fraudulent or negligent misrepresentation.
- Negligent hiring, supervision entrustment and supervision.
Alternative Dispute Resolution
- Pros and cons.
- Utilization of arbitration agreements.
- Features of an effective ADR System.
Substance Abuse in the Workplace
- Legal restrictions and considerations in developing and implementing effective policies and programs.
Workplace Privacy Claims
- Workplace searches and related issues.
- Employee monitoring and pending legislation.
- Emerging types of claims.
Protecting Confidential Information
- What is protectable.
- How to protect it.
