Advanced Certificate in Employment LawSM Conference - Annual Update
San Francisco, California | December 10 - 12, 2014
IAML's Advanced Conferences feature current, up-to-the-minute review and analysis of what's happening in labor and employment law. 2014 topics will include:
Conducting Internal Investigations
Employers are, with increasing frequency, called upon to conduct internal investigations into situations involving allegations of harassment, theft, discrimination, whistle-blowing, etc. As a result, many employers are now being hit with legal claims attacking the quality, or lack thereof, of the investigation. This segment will provide answers to the following questions:
- Is an investigation even called for?
- ho should the investigator(s) be?
- How do you decide who (and who not) to interview?
- In what order should you interview witnesses?
- What are best practices when interviewing a witness?
- What about confidentiality?
- Should you get written statements?
- What does and does not belong in the investigation report?
- Is the investigation report privileged?
- What if it's a he-said-she-said situation?
- May an employer ever decide whom to believe?
- What are some indicators a witness is lying?
- What action(s) should the employer take depending upon the results of the investigation?
Practical checklists covering all of these issues will be reviewed during this session.
- How Much Leave Is Enough? The Intersection of FMLA and the ADA
- What happens when an employee uses up their 12 weeks of FMLA leave, then asks the employer for additional time off as an "accommodation" of their ADA-covered disability?
- Is there ever an end? Believe it or not, there is a sensible, practical and empowering way to answer that question which will be explained with step-by-step precision.
The NLRB at Full Strength — What's Next?
After years of wrangling back and forth, President Obama finally went ahead and proposed a slate of four nominees for the NLRB, two Democrats and two Republicans, which, when added to Chairman Pearce, brings the Labor Board to full strength. While the "recess appointments" case pending in the Supreme Court is important, going forward nothing the Labor Board does now is subject to challenge on the grounds the Board Members were unlawfully appointed. You need to be ready for what happens next.
Employer Policies Under Fire
Employers are now finding out that some of their policies on topics like workplace gossip, courtesy toward others and confidentiality are illegal and unenforceable. In this segment we will discuss the legal theories being used to find such policies unlawful, the legal consequences of having an illegal policy and what an employer can and should do right now to reduce the risk.
Overtime Claims: Will They Ever End?
Plaintiff-side attorneys continue to file wage-and-hour claims, many of them class or collective actions, at a non-stop pace. Every employer of every size in every sector of business is a likely target. Failure-to-pay overtime. Off-the-clock. Unpaid breaks. Unpaid training time. Improper paycheck deductions. All of these, and more, can result in litigation and liability. This segment will discuss what employers can do to reduce their risk and their liability.
"Out of Chaos, Comes Order": Will "Order" Come from the Affordable Care Act?
It was the German-born philosopher Friedrich Nietzsche who proclaimed, "Out of chaos, comes order." That was before the Affordable Care Act. Right now, literally no one seems to know where the ACA is headed or even where things stand right now. Employers and employees are uncertain and unsettled about whether they will have health insurance, what it will cover, the network of doctors, and how much it will cost them. IAML's conference presenters will try to bring order to the situation.
Retaliation: The Latest Claim du jour
Recent decisions have expanded dramatically anti-retaliation protections by 1) adding to the categories of those persons entitled to protection from retaliation and 2) stretching the universe of employer actions that can be considered to be unlawful "retaliation." The need for employers to implement and enforce free-standing anti-retaliation policies will be covered as well as the latest developments in retaliation law and where things go from here.
Email, Facebook, Twitter, LinkedIn, IM and More: It's Easier Than Ever to Violate the Law!
The explosion of social and electronic media continues. No one engages in conversation anymore, they text. This discussion will focus on the steps an employer can and cannot, should and should not, take in regulating the electronic communications of its employees, including recent NLRB decisions addressing when an employer's efforts to limit what employees can "chat" about violates an employee's Section 7 rights to engage in concerted activity. Should an employer have a social media policy? If so, what can and should it say? These and related issues will be examined in detail.
Harassment, ADA and ADEA Updates
Courts and agencies continue to issue new decisions, regulation and guidelines. For example, the EEOC is raising red flags as to the extent to which an employer may consider an applicant's criminal record when making a hiring decision. Court opinions interpreting the recent amendments to the ADA are coming out in significant numbers. A stagnant job market, the aging "baby boomers" and a work-till-you-drop mindset are converging to create more age discrimination concerns. The most current developments in all of those areas will be reviewed.
The Latest, Most Important Labor And Employment Cases, Including State Law Developments
IAML Open Forum to Include Employee Privacy Issues
So that everyone's employment law questions can be answered, there will be an "open forum" session that will provide you with an opportunity to ask questions regarding topics that were not covered in the Advanced Conference agenda.
Please note: Because of the dynamic changes taking place in employment law, IAML will make every effort to ensure that the program content presented is timely and includes all new significant developments in the area of employment law. Therefore, we reserve the right to modify the curriculum and/or instructors when such changes are deemed beneficial.
Advanced Certificate in Employment LawSM Conference
Raymond M. Deeny, Esq., Partner at Sherman & Howard
December 10-11, 2014
8:00 am - 4:00 pm
December 12, 2014
8:00 am - 12:00 pm
*We reserve the right to change instructors when such changes are advisable for academic reasons or when circumstances are beyond our control.
San Francisco, California
December 10-12, 2014
Marines' Memorial Club & Hotel
609 Sutter Street
San Francisco, California 94102
Dedicated as a "living memorial" to the U.S. Marines who served in the Pacific during World War II, the Marines' Memorial Club & Hotel has been a landmark in San Francisco's Union Square since 1946. A classic 1920's Beaux-Arts hotel with an inviting atmosphere, the Marines' Memorial Club & Hotel blends traditional décor and modern comforts with rich history, honor and pride. Guest room amenities include flat-screen TV, refrigerators and daily newspaper delivery. IAML's group rate includes complimentary American breakfast and a two-hour managers reception daily; entrance to Club One Fitness; complimentary use of the business center and free Wi-Fi throughout the hotel. This Union Square hotel is close to shopping, the cable cars, the theatre district, Chinatown and many other attractions.
See the Marines' Memorial Club & Hotel
For reservations, call the hotel at (800) 562-7463.
*We reserve the right to change seminar venue when such changes are advisable for academic reasons or when circumstances are beyond our control.
HR Certification Institute (HRCI)
This program has been approved for 16.75 HR (General) recertification credit hours toward PHR and SPHR.
International Foundation of Employee Benefit Plans (IFEBP)
Earn 16.75 Continuing Education Credits towards CEBS recertification through the International Foundation of Employee Benefit Plans (IFEBP) by attending this 2½ day conference.
American Staffing Association (ASA)
This 2½ day seminar is eligible for CSP, TSC and CSC recertification credit.
Human Capital Institute (HCI)
This 2½ day conference is eligible for HCS, SWP and MHCS recertification credit.
National Association of Personnel Services (NAPS)
This 2½ day conference is eligible for CPC, CTS, PRC, CERS recertification credit.
The registration fee for the Advanced Certificate in Employment LawSM Conference is $1,525.00
Your fee includes the conference manual, coffee breaks and a reception the first evening. (Breakfast/lunch/dinner are on your own.)
Registrants who have previously attended the Advanced Certificate in Employment LawSM Conference are entitled to a $100.00 discount, upon request at the time of their registration.
After the first registration for the 2014 Advanced Certificate in Employment LawSM Conference is received, each subsequent registrant from that same organization who attends a 2014 Advanced Certificate in Employment LawSM Conference is entitled to a $50.00 discount upon request at the time of registration. Discounts not combinable with other discount offers. Very attractive discounts are available to organizations which send 5 or more participants to IAML seminars in any 12 month period. Participants do not necessarily need to attend the conference at the same location or time.
A minimum of one half of the total fees due to IAML should accompany your registration, or a Purchase Order Number should be provided. The total fees payable should be received by IAML at least two weeks prior to the conference. Arrangements such as deferred billing can be made to accommodate special circumstances by contacting us. IAML also accepts American Express, MasterCard, Discover and Visa. If paying by credit card, your payment receipt will be e-mailed to the address you provided on the registration form, unless you make other arrangements.
While registrations may be accepted within the two weeks prior to the beginning of the conference, we suggest that you call IAML to confirm space availability.
Participants will receive a full refund if IAML receives written notification that they will be unable to attend at least two weeks prior to their program's starting date. Otherwise, participants are liable for the entire fee. Registrants requesting a transfer to another program within this two week period will be charged an additional fee of $150.00. You may substitute an associate at any time.
IAML has made arrangements for participants to receive a special group rate at the hotels where the conferences will be held. To ensure that you will receive a room at the special group rate, please make your hotel reservations at least four weeks in advance of the conference and mention that you are participating in an Institute for Applied Management & Law conference.
Please note: If you experience any difficulty in making your hotel reservation, even within the four weeks prior to the conference you wish to attend, please call IAML. Through IAML's contacts, there is a good possibility that we can help you secure a reservation at the conference hotel.