The SEMINAR PROVIDES BEST PRACTICES INSIGHTS AND INFORMATION ON THE
FULL RANGE OF EMPLOYEE RELATIONS AND LABOR LAW ISSUES. The seminar is
presented by prominent employment law attorneys who are also excellent
presenters. The focus is on the practical implications of the law and
what steps participants can take on the job to cope with the complex
requirements of the various laws and regulations.
The Certificate in Employee Relations Law Seminar is designed to
provide participants with a broad base of practical knowledge in all
facets of employment law. The seminar provides participants with:
* A comprehensive understanding of all of todays significant
employment laws and regulations, and the ability to know what to do
about them in their own workplace.
* The skills to recognize and deal with problem situations and to
minimize exposure to litigation by learning what steps and policies to
implement in the workplace.
* Complete information regarding current and expected future laws and
regulations, enabling your organization to anticipate and plan for the
future.
BLOCK I: LABOR LAW IN THE UNION AND NON-UNION WORKPLACE (MONDAY &
TUESDAY)
OVERVIEW OF LAWS GOVERNING THE EMPLOYER-UNION RELATIONSHIP
* Analysis of the provisions of the Labor Management Relations Act
and other applicable laws.
* A 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
INCLUDING THE NEW QUICKIE ELECTION RULE
* 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 & 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, 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."
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:
WAGE AND HOUR ISSUES
WRONGFUL DISCHARGE LITIGATION
* 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.
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30/10/2021 Last update