Session Descriptions
HR Law Certificate Program
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Session 1: The Employer-Employee Relationship |
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Session Descriptions:
Session 1: The Employer-Employee RelationshipAn 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 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 Topics
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Session 2: Understanding Wage and Hour LawThe 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 experienced HR professionals. 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 Topics
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Session 3: Administering Family, Medical and Disability LeavesMandatory 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 Medial Leave Act (FMLA) and New Jersey Family Leave Law overlap, 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. Family Leave Insurance applies to every employer regardless of size. This session will provide a practical overview of how mandatory and discretionary time off should be prudently and legally managed. Key Topics
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Session 4: Equal Employment Opportunity Law—Part IOver 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
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Session 5: Equal Employment Opportunity Law—Part IINew Enforcement Guidance has been issued 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 and the Americans with Disabilities Act of 1990. 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. Key Topics
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Session 6: Americans with Disabilities Act and the NJ Law Against DiscriminationThe Americans with Disabilities Act (ADA) and the ADA Amendments Act of 2008, have 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. Key Topics
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Session 7: Harassment in the Workplace – Part IEven 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 (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. Key Topics
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Session 8: Harassment in the Workplace – Part II, The Case StudyGood 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
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Session 9: Workplace PrivacyThis 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. Key Topics
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Session 10: Whistleblowing and Codes of ConductYou 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
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