Session Descriptions: Session 1: The Employer-Employee Relationship Session 2: Understanding Wage and Hour Law Session 3: Administering Leaves and Related Benefits Issues Session 4: Equal Employment Opportunity Law Session 5: Americans with Disabilities Act and the NJ Law Against Discrimination Session 6: Discrimination of Working Parents and Other Caregivers Session 7: Harassment in the Workplace – Part I Session 8: Harassment in the Workplace – Part II, The Case Study Session 9: Workplace Privacy Session 10: Whistleblowing and Codes of Conduct Dates, Locations & Registration Information Session Descriptions: Session 1: The Employer-Employee Relationship An evolving body of statutory and case law protects employees from unlawful discharge. Additionally, various types of employees and contractors enjoy this protection. This session will prepare you to help your company avoid lengthy and costly employment litigation by understanding the at-will employment relationship, the exhaustive exceptions to the at-will rule, and the important statutes that protect employees from unlawful discharge. Key Subjects The Law of At-Will Employment Union vs. Non Union Workplaces Employee Handbooks and Contracts Good Faith and Fair Dealing Wrongful Termination Retaliatory Discharge Top Session 2: Understanding Wage and Hour Law The Fair Labor Standards Act (FLSA), together with the NJ Wage and Hour and Wage Payment laws, account for the majority of labor law violations committed by employers. The laws create a web of complex rules and regulations and confuse even legal experts. Violations can be costly. This session will examine each law separately and discuss the areas of overlap and divergence. It will also evaluate the criteria for employee classifications and the legality of making payroll deductions. It will also teach participants how to take proper precautions by allowing employees to raise concerns so that errors can be corrected promptly without penalty. Key Subjects Exempt v. Nonexempt Classifications Overtime and Comp Time Salary and Wage Deductions Paid Time Off What Constitutes "Working Time" Part-time, Student, and Voluntary Work Top Session 3: Administering Leaves and Related Benefits Issues Mandatory leave laws guaranteeing job protection and other benefits have grown increasingly complex to administer and the legal liability for getting it wrong is enormous. The federal Family Medical Leave Act (FMLA) and New Jersey Family Leave Law overlap and conflict creating a legal minefield for any employer with 50 or more employees. Likewise, while paid time off is a voluntary benefit, the Americans with Disabilities Act and the FMLA impose significant obligations and restrictions on how such policies are administered. This session will provide a practical overview of how mandatory and discretionary time off should be prudently and legally managed. Key Subjects Regulating and Administering Sick Leave Sick Leave Abuse and Excessive Absenteeism Family and Medical Leave Act NJ Family Leave Law Disability Leaves Military and Other Leaves Top Session 4: Equal Employment Opportunity Law Over the past decade, over 825,000 charges of job discrimination have been filed with the Equal Employment Opportunity Commission (EEOC), the majority alleging discrimination based on race, but many for sex, age, disability and national origin discrimination. One in four employers a year is a target for such a charge. This unique session will not only review and evaluate relevant case law under federal and state discrimination statutes but will also present an in-depth look into a discrimination charge, with an emphasis on preserving evidence and preparing a defense. The session will also explore the best practices and policies that have been proven to reduce the threat of discrimination charges. Key Topics Overview of Federal and State Discrimination Statutes Burdens of Proof Document Retention and Preservation of Evidence Preparing a Defense Responding to the EEOC Charge Top Session 5: Understanding the Americans with Disabilities Act and the NJ Law Against Discrimination The Americans with Disabilities Act (ADA) has transformed the workplace, requiring employees to handle confidential medical information, engage employees in discussions of a sensitive medical nature, and to provide reasonable accommodations to employees with disabilities. Moreover, the NJ Law Against Discrimination (LAD) affords stricter protection to persons with disabilities, so that even employees with short-term medical conditions may fall under the law’s protection. The amount of litigation under these statutes is truly staggering and the case law, ever more complicated, increases year-to-year. This session will provide a comprehensive and practical overview of key cases under these important laws and offer a unique interactive excercise. Key Topics Defining Disability Under Various Statutes When and How to Conduct Medical Exams Providing Reasonable Accommodations Evaluating Health and Safety Issues Drug and Alcohol Problems: Special Issues Psychiatric Disabilities: Special Issues Top Session 6: Discrimination of Working Parents and Other Caregivers The U.S. Equal Employment Opportunity Commission ("EEOC") has issued a new Enforcement Guidance on Unlawful Discrimination of Workers with Care Giving Responsibilities. Designed to provide guidance to EEOC investigators investigating charges of discrimination, the document provides examples under which discrimination against a working parent or other caregiver may constitute unlawful job discrimination under Title VII of the Civil Rights Act of 1964 ("Title VII") and the Americans with Disabilities Act of 1990 ("ADA"). The EEOC guidance highlights a wide range of circumstances, including: sex-based stereotyping and subjective decision making regarding working mothers; assumptions about pregnant workers; discrimination against working fathers and women of color; stereotyping based on association with an individual with a disability; and hostile work environments affecting caregivers. This session will cover the following: Key Topics Care giving Responsibilities of Workers Sex-Based Discriminatory Treatment of Female Care Givers Assumptions About the Work performance of Female Care Givers Unlawful Stereotyping Pregnancy Discrimination Unlawful "Associational" Stereotyping Under the Americans With Disabilities Act Leaves of Absence and Discrimination Top Session 7: Harassment in the Workplace – Part I Even lawyers are stunned by the enormous liability faced by employers by incidents of workplace harassment that are allowed to occur unchecked. Nearly 14,000 sex harassment charges a year are filed with the Equal Employment Opportunity Commission (EEOC), not to mention thousands more that are filed alleging other forms of harassment and discriminatory treatment. While the US Supreme Court continues to decide cases that have a direct and immediate impact on employers everywhere, it is the case law in New Jersey, particularly regarding strict liability for employers and personal liability for supervisors, that has changed the workplace dramatically. This session will focus on harassment law with an emphasis on New Jersey court cases. Key Topics Sex and Other Forms of Harassment Defining the Scope of Liability Liability of Supervisors and Others Implementation of Best Practices How to Manage Proactively Top Session 8: Harassment in the Workplace – Part II, The Case Study Good instincts and a lot of skill: the stuff of limiting the risks of workplace harassment and hostile workplace litigation. This unique learning experience offers an interactive and hands-on approach to examining management’s role in fulfilling the employer’s legal duty of care and the action steps that are necessary to limit legal liability and preserve an affirmative defense. Participants will investigate an allegation of sex harassment made by an employee against her supervisor. Participants will interview witnesses, sift through documentary evidence, weigh the legal issues, and create the final investigatory document to submit to upper management. Key Topics Early Recognition of Potential Claims Using Proper Investigation Techniques Privileged Communications Preserving Evidence and Record Retention Preparing the Final Document Top Session 9: Workplace Privacy This emerging area of the law already accounts for a substantial amount of employment litigation as new technology and security cameras push the legal frontier forward. Unlike other areas of the law, there is no central body of privacy law. Instead, the legal standards must be cobbled together from various sources, including constitutional law, statutes and common law. This session will offer a comprehensive and up-to-date analysis of workplace privacy law, with an emphasis on searches, surveillance, drug testing, medical information, and electronic communication. Important New Jersey and federal cases, particularly involving the internet and e-mail, will be examined. Key Topics Understanding the Right to Privacy Searches and Surveillance Off-Duty Conduct Job References Medical and Genetic Information Electronic Communications Top Session 10: Whistleblowing and Codes of Conduct You have heard about them. You have read about them. Indeed, Time Magazine has celebrated them as Persons-of-the-Year. They are whistleblowers and they play an important role in exposing corporate misconduct. New Jersey has the toughest whistleblower law in the nation, but not every gripe or ethical dispute constitutes “whistleblowing.” To avoid the whistleblowing traps, it is important to understand the nature of whistleblowing and to have proactive policies and practices in place. This session offers a practical, no-nonsense understanding of the New Jersey whistleblower law and will give participants hands-on experience in evaluating a whistleblower charge. Key Topics What Type of Conduct Does the Law Protect What is Retaliation What Kind of Policy is Required Penalties for Violating the Law Evaluating Potential Whistleblower Charges Top

Employers Association of New Jersey 30 W. Mount Pleasant Ave., Suite 201, Livingston, NJ 07039 Phone: (973) 758-6800 or (609) 393-7100 * Fax: (973) 758-6900   Contact EANJ

EANJ is a nonprofit trade association dedicated to improving employer-employee relations and facilitating the exchange of information among employers. It does not render legal services, offer legal opinion or engage in the practice of law.

DISCLAIMER       PRIVACY STATEMENT

Copyright 2008, Employers Association of New Jersey