Certificate in Employee Relations Law Seminar


Contents


Overview
The Certificate in Employee Relations LawSM Seminar is divided into three "blocks" of instruction, with the blocks presented on consecutive days over a 4½ day period at many locations nationwide.

Each block has an experienced, highly rated attorney as the principal teaching resource. Please see the seminar schedule for details regarding specific locations and faculty.

The extensive materials for each block of instruction are used as a resource during the seminar, and designed to serve as desktop references on the job. For a sample of the Table of Contents, click here.

  • Block I:
    Labor Law in the Union and Non-Union Workplace
    (Monday and Tuesday 8:00 a.m. - 4:00 p.m.)

  • Block II:
    Employment Discrimination Law
    (Wednesday and Thursday 8:00 a.m. - 4:00 p.m.)

  • Block III:
    Special Issues in Employee Relations Law
    (Friday 8:00 a.m. - 12:00 p.m.)

    Block I

    Labor Law in the Union and Non-Union Workplace
    Monday and Tuesday

    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.

    Achieving and Maintaining a Union-Free Workplace

    • 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.

    Block II

    Employment Discrimination Law
    Wednesday and Thursday

    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 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 and issues associated with employee benefits designs and equal pay.
    • Discusses sexual and other types of harassment, including the Supreme Court's new standards and effective ways to prevent and investigate harassment claims.
    • Reviews trends in protecting the rights of persons based on sexual orientation.
    • Provides updates on religious discrimination issues.

    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 interaction between the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973.
    • 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

    • A discussion of the requirements of waivers and releases under the Older Workers' Benefit Protection Act and its regulations.
    • An examination of developing court decisions.
    • A review of issues associated with employee benefits designs.

    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.

    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.
    • A thorough examination of the requirements of Executive Order 11246 for government contractors.
    • How to prepare affirmative action plans.
    • The status of race norming under the Civil Rights Act of 1991.
    • Dealing with the OFCCP effectively.
    • Update on judicial opinions regarding affirmative action and "reverse discrimination."
    • Provides an update on the Glass Ceiling Act and the OFCCP's Glass Ceiling Initiative.

    Block III

    Special Issues in Employee Relations Law
    Friday

    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:

    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.

    FLSA Part 541 - New Legislation