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Separation Agreements – Protect Your Company After an Employee Leaves

Protect your company with an effective separation agreement.

Separation agreements are an extremely valuable tool available to employers to eliminate the potential for post-termination lawsuits from disgruntled ex-employees who are unhappy that their employment was terminated. However, in order to gain the many benefits of such agreements, it is imperative that employers do them correctly and meet all necessary legal requirements that apply to gain actual enforcement of such agreements. Learn how to effectively craft separation agreements and learn about the important legal requirements that must be followed to make such agreements enforceable. Furthermore, you will gain valuable insights into best practices and strategies for appropriate enforcement and effective negotiation of separation agreements.

 

Objectives

  • You will be able to describe what is required for a legally effective separation agreement.
  • You will be able to identify the necessary elements of an enforceable separation agreement.
  • You will be able to recognize the benefits of utilizing separation agreements in your company.
  • You will be able to discuss the particular legal requirements for making an enforceable release of legal claims.

Presenter

Ralph R. Smith, 3rd

Registration Special Offer

Receive 50% Discount

This program is approved for CLE credits.

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FCRA Compliance Update for Employers

Stay current on the latest FCRA guidelines and legislation impacting the hiring process.

An ever-increasing number of employers are recognizing the benefits that can be derived from conducting background checks on both current and prospective employees. While background checks can be an effective tool for weeding out questionable employees, legal limitations on how such checks can be performed (and how the resulting data discovered can be used) must be understood, or otherwise, an employer will find itself defending against its own illegal actions. Learn about the chief law covering this topic, the Fair Credit Reporting Act, and review the kinds of background checks that can be conducted by employers. Much of these latter discussions will be focused on the Fair Credit Reporting Act guidelines for conducting criminal background checks previously issued by the Equal Employment Opportunity Commission, and also on the recent trend in many states of placing limits on when criminal background information can be obtained from candidates for employment through enacted ban the box laws. Finally, the increasing use of social media outlets to conduct background checks will also be examined, along with the potential legal risks and pitfalls of utilizing such media outlets to perform background checks.

Objectives

  • You will be able to identify EEOC guidelines on conducting background checks.
  • You will be able to recognize the Federal Fair Credit Reporting Act.
  • You will be able to discuss the downside of not performing background checks properly under legal restrictions.
  • You will be able to review privacy issues and other legal restrictions on use.

Presenter

Ralph R. Smith, 3rd

Registration Special Offer

Receive 50% Discount

This program is approved for CLE credits.

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Policies and Procedures in Dealing With Employees Who Have Been Charged With Crimes

Understand what you can and can’t do when one of your employees has been charged with a crime.

One of the most perplexing problems that can confront an employer arises after the employer discovers that one of its employees has been arrested and charged with a crime. Under our legal system, the familiar mantra is that an arrested person is innocent until proven guilty. So, what can you do to address situations where an employee has been arrested, or has been charged, or incarcerated for a crime but has not yet been convicted? Because more and more employers are finding themselves faced with this dilemma, this topic will include a discussion on the legal limits on what you can do when faced with this problem and will also provide useful guidelines on how best to craft workplace policies and procedures to best prepare yourself to address such situations.

Objectives

  • You will be able to discuss drafting policies and procedures to address situations where information is gained about an employee’s arrest.
  • You will be able to review steps employers should take before implementing any discipline against an employee who is charged with a crime.
  • You will be able to recognize the legal difference between a felony and misdemeanor, and the impact this difference should have in assessing potential discipline against an arrested or charged party.
  • You will be able to describe the potential for legal action arising from actions taken by an employer against an arrested employee who has yet to be convicted of a crime.

Registration Special Offer

Receive 50% Discount

This program is approved for CLE credits.

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Handling Paid Leave Requests in New Jersey

Learn best employer practices for complying with paid leave requirements.

In January 2009, New Jersey became one of only a handful of states mandating that certain kinds of family leave be paid leave. Thereafter, in October 2018, New Jersey again became one of the handful of states to adopt a Paid Sick Time Law that applies to substantially all New Jersey employers. Paid leave brings with it a host of employer compliance questions. For example, what must an employer do when an employee makes a paid leave request? How much does an employee get in terms of paid leave? Who pays for such paid leave? What laws are implicated by such a request, and who decides whether an employee is eligible for the requested paid leave? This topic will answer these and other similar related questions by examining the New Jersey paid leave statutes and assessing all required compliance obligations. This material will discuss best employer practices for complying with these paid leave requirements and will review the handling of paid leave requests under employment policies, and discuss how such policies can best be structured consistent with federal and state law requirements, including recently passed Federal paid COVID-19 leave laws. This is a great chance to get answers to such often tricky compliance questions.

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Objectives

  • You will be able to review the New Jersey Family Temporary Disability Leave Law and Paid Sick Time Law.
  • You will be able to discuss procedures for the filing and processing of paid leave requests.
  • You will be able to describe how to run paid leave concurrently under federal and state law.
  • You will be able to recognize best practices for handling paid leave requests under New Jersey law.

Registration Special Offer

Receive 50% Discount

This program is approved for CLE credits.

Presenter

Ralph R. Smith, 3rd
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Avoiding Wage and Hour Audits

Wage and hour violations continue to occupy a large portion of the enforcement agenda of the United States Department of Labor. In past years, investigations have resulted in the issuance of findings that employers have failed to comply with federal wage and hour laws to the tune of $74 million in back wages for more than 102,000 workers. Because such high costs of noncompliance can also include significant interest and penalty/fine assessments, employers must be vigilant in their compliance efforts to avoid federal and state wage and hour compliance audits. This topic will provide strategies on effective compliance with wage and hour requirements, discuss how employers can stay on top of compliance issues with occasional self-audits of their operations, and provide other practical suggestions on how best to ensure that your payroll practices continue to meet all wage and hour requirements at both the federal and state levels.

Objectives

  • You will be able to explain the difference between an exempt versus a nonexempt employee.
  • You will be able to define what an employee versus an independent contractor is.
  • You will be able to identify the telltale signs of possible misclassification of your employees.
  • You will be able to discuss the most effective ways of conducting a self-audit to avoid possible wage and hour compliance problems.

Registration Special Offer

Receive 50% Discount

This program is approved for CLE credits.

Presenter

Ralph R. Smith, 3rd
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Background Checks: Top 10 Do’s and Don’ts

Find the most effective ways to perform a background check and what legal restrictions may apply.

An ever-increasing number of employers are recognizing the benefits that can be derived from conducting background checks on both current and prospective employees. While background checks can be an effective tool for weeding out questionable employees, legal limitations on how such checks can be performed (and how the resulting data discovered can be used) must be understood or otherwise an employer will find itself defending against its own illegal actions. Review the kinds of background checks that can be conducted by employers, and likewise address the various legal restrictions (primarily under federal and state law) applicable to performing background checks, and related limitations placed on how acquired background information can be legally used for the benefit of the employer. Much of these latter discussions will be focused on the guidelines for conducting criminal background checks issued by the EEOC and also on the recent trend in many states of placing limits on when criminal background information can be obtained from candidates for employment through enacted Ban the Box laws. Finally, the increasing use of social media outlets to conduct background checks will also be examined, along with the potential legal risks and pitfalls of utilizing such media outlets to perform background checks.

Objectives

  • You will be able to define legal limitations on background checks.
  • You will be able to describe the downside of not performing background checks.
  • You will be able to review EEOC guidelines on conducting background checks.
  • You will be able to discuss the use of social media sites to conduct background checks.

Registration Special Offer

Receive 50% Discount

This program is approved for CLE credits.

Presenter

Ralph R. Smith, 3rd
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Dangerous Interview Questions: What Will Keep You out of (Or Open You Up To) Litigation

Even seemingly innocent interview questions can cause legal headaches for your company, make sure you know what you can and can’t ask.

Interviewing prospective employees is not just an important skill for a company to master to obtain top talent, but it also has to be done in line with applicable legal limits. No matter how much an employer wants to know about a candidate, there are limits as to what a candidate can be legally asked. Employers who fail to ensure that their interview process meets legal requirements run the risk of having to defend costly lawsuits stemming from a perception that a past employment decision was premised upon legally inappropriate areas of inquiry. This information will help you understand the “dos and don’ts” of employment interviewing with an eye towards providing practical advice to best train your employees in complying with all required legal rules and limitations in the hiring process.

Objectives

  • You will be able to explain what questions are legally allowed.
  • You will be able to review appropriate in-house interview programs and procedures.
  • You will be able to recognize legally inappropriate questions.
  • You will be able to identify problems with your staff interviews of prospective employees

Registration Special Offer

Receive 50% Discount

This program is approved for CLE credits.

0

Dangerous Interview Questions: What Will Keep You out of (Or Open You Up To) Litigation

Even seemingly innocent interview questions can cause legal headaches for your company, make sure you know what you can and can’t ask.

Interviewing prospective employees is not just an important skill for a company to master to obtain top talent, but it also has to be done in line with applicable legal limits. No matter how much an employer wants to know about a candidate, there are limits as to what a candidate can be legally asked. Employers who fail to ensure that their interview process meets legal requirements run the risk of having to defend costly lawsuits stemming from a perception that a past employment decision was premised upon legally inappropriate areas of inquiry. This information will help you understand the “dos and don’ts” of employment interviewing with an eye towards providing practical advice to best train your employees in complying with all required legal rules and limitations in the hiring process.

Objectives

  • You will be able to explain what questions are legally allowed.
  • You will be able to review appropriate in-house interview programs and procedures.
  • You will be able to recognize legally inappropriate questions.
  • You will be able to identify problems with your staff interviews of prospective employees

Registration Special Offer

Receive 50% Discount

This program is approved for CLE credits.

0

FCRA Compliance Update for Employers

An ever increasing number of employers are recognizing the benefits that can be derived from conducting background checks on both current and prospective employees. While background checks can be an effective tool for weeding out questionable employees, legal limitations on how such checks can be performed (and how the resulting data discovered can be used) must be understood or otherwise an employer will find itself defending against its own illegal actions. In this seminar, you will learn about the chief law covering this topic, the Fair Credit Reporting Act, and review the kinds of background checks that can be conducted by employers. Much of these latter discussions will be focused on the Fair Credit Reporting Act guidelines for conducting criminal background checks previously issued by the Equal Employment Opportunity Commission, and also on the recent trend in many states of placing limits on when criminal background information can be obtained from candidates for employment through enacted ‘Ban the Box’ laws. Finally, the increasing use of social media outlets to conduct background checks will also be examined, along with the potential legal risks and pitfalls of utilizing such media outlets to perform background checks.

Objectives

  • You will be able to identify EEOC guidelines on conducting background checks.
  • You will be able to recognize The Federal Fair Credit Reporting Act.
  • You will be able to discuss the downside of not performing background checks properly under legal restrictions.
  • You will be able to review privacy issues and other legal restrictions on use.

Registration Special Offer

Receive 50% Discount

This program is approved for CLE credits.