Instructor: Elga Lejarza, aPHR, PHR, SHRM-CP, SPHR, GPHR, SHRM-SCP

Continuing Education Credits:

• HRCI – 14 HR(General) Credits
• SHRM – 14 PDC’s

Schedule: 10:00 AM – 6:00 PM Eastern Time on Both Days

Join us online via Live Stream / Webinar for our Instructor-Led 2-Day Employment Laws Certificate Program for HR Professionals, Managers and Supervisors.  If you supervise at least one employee you need to be knowledgeable about Employment Laws to avoid costly lawsuits, judgments, and settlements, and to reduce employee complaints and claims. The amount of discrimination, harassment, retaliation and other claims filed with the EEOC and the Department of Labor continues to rise every year. Now more than ever, HR Professionals, managers, and supervisors need to understand and be familiar with employment laws because they share responsibility with HR to ensure their interactions and relations with employees are compliant with federal and state employment laws. One single lawsuit can have damaging and costly effects on the organization. Violating an employment law is a very high-ticket price to pay. The check that the company will have to write would include a lot of zeros on it. To help our HR Professionals, Managers and Supervisors succeed and to protect our organizations from legal entanglements, we need to train them on essential Employment Laws. This training contains everything our Managers and Supervisors need to know to succeed and to protect our organizations by complying with Employment Laws by doing the right thing from a moral, ethical and legal way. Always remember that it is better to deal with issues internally rather than in the courthouse.

Schedule

• Day 1 – 10:00 AM – 6:00 PM Eastern Time
  • 15 Minute Break at 12:15 PM ET
  • 1 Hour Lunch at 1:00 PM ET
  • 15 Minute Break at 4:45 PM ET

• Day 2 – 10:00 AM – 6:00 PM Eastern Time
  • 15 Minute Break at 12:15 PM ET
  • 1 Hour Lunch at 1:00 PM ET
  • 15 Minute Break at 4:45 PM ET

Bonus Material:

• Employment Retirement Income Security Act (ERISA)
• The Uniformed Services Employment and Reemployment Rights Act (USERRA)
• Consolidated Omnibus Budget Reconciliation Act (COBRA)
• The Health Insurance Portability and Accountability Act (HIPAA)

Learning Objectives:

• Learn about significant changes in Labor and Employment Laws since the 1990s.
• Understand the foundation of all Employment Laws.
• Learn about prohibitions under Title VII of the Civil Rights Act.
• Learn about Religious reasonable accommodations.
• Learn how to avoid EEOC claims and litigation.
• Learn how to maintain a harassment-free workplace.
• Understand the differences between exempt vs. non-exempt classifications.
• Learn about the different FLSA Exemptions.
• Learn about FLSA records retention.
• Familiarize with Youth Employment Standards.
• Learn about Break Time for Nursing Mothers.
• Learn how to avoid wage and hour headaches.
• Learn how to comply with the Family Medical Leave Act: Eligibility and timing requirement.
• Master the headache of FMLA tracking.
• Learn to identify what is a serious health condition and what is not.
• Learn how to handle special situations such as spouses working for the same company.
• Learn that “480” hours are not set in stone.
• Learn about job restoration rights under FMLA.
• Learn how to avoid being personally liable for unlawful work practices.
• Learn about The Americans with Disability Act compliance and reasonable accommodation.
• Learn to distinguish what is a Disability under ADA and what is not.
• Learn about different types of reasonable accommodation.
• Learn where to find resources and assistance with reasonable accommodation.
• Learn about “Major Life Activities”.
• Learn about the confusing “Mitigating Measures” concept.
• Understand the “Undue Hardship” defense.
• Understand the “Direct Threat” defense.
• Learn the legally safe way to confront an employee you suspect is abusing drugs, alcohol or other substances.
• Learn about the importance of “Job Descriptions” with ADA.
• Learn how to avoid age discrimination charges or claims when managing older workers.
• Familiarize with the Older Workers Benefit Protection Act of 1990 (OWBPA).
• Learn about “Mandatory Retirement” for certain positions.
• Understand what exactly wage discrimination means.
• Learn about the Lilly Ledbetter Law.
• Learn about OSHA Law and regulations.
• Learn about Pregnancy Discrimination, Hiring, Reasonable Accommodation and working conditions.
• Learn about concerted activities.
• Learn about Social Media Employment Policies and the NLRA’s opinion.
• Meet “GINA” and learn when we are violating “GINA” and when we are not.
• Learn about the Employment Retirement Income Security Act of 1974 (ERISA)
• Familiarize with the Consolidated Omnibus Budget Reconciliation Act (COBRA)
• Learn to comply with the Health Insurance Portability and Accountability Act (HIPAA)
• Learn about the Uniformed Services Employment and Reemployment Rights Act (USERRA)

Areas Covered:

• Title VII of the Civil Rights Act
• Fair Labor Standard Act (FLSA)
• Family Medical Leave Act (FMLA)
• The Americans with Disabilities Act (ADA)
• Age Discrimination in Employment Act (ADEA)
• Equal Pay Act (EPA)
• Occupational Safety and Health Act (OSHA)
• Pregnancy Discrimination Act (PDA)
• National Labor Relations Act (NLRA)
• The Genetic Information Nondiscrimination Act (GINA)

Who Will Benefit:

•     Managers
•     Supervisors
•     Executives
•     HR professional
•     HR Generalist
•     Employee Relations Persons
•     Consultants
•     Small Business Owners

Agenda  Day 01 (10:00 AM – 6:00 PM)

10:00-11:15 Significant Changes in Labor and Employment Laws since 1990

•         New Laws and Amendments in the 1990’s
•         Rise of Employment claims
•         Training a vital business investment

11:15-12:15 Title VII of The Civil Rights Act of 1964

•         Prohibitions under Title VII of the Civil Rights Act of 1964
•         Recruiting, Hiring and Advancement
•         Quid pro quo vs Hostile work environment harassment
•         Religious Accommodations
•         1991 Amendment

12:30-2:00 Fair Labor Standard Act (FLSA)

•         The need to create the FLSA
•         Obligations under the FLSA
•         Overtime Rules
•         Child labor
•         Recordkeeping
•         “White Collar” exemptions
•         Break time for nursing mothers
•         Safe Harbor Policy

2:00 – 2:30 Lunch

2:30-3:45 Family Medical Leave Act (FMLA)

•         Employer/Employee Eligibility
•         FMLA qualifying events
•         Continuous/Intermittent/Reduced Schedule
•         Who is a “family member” under FMLA

3:45-4:45 Family Medical Leave Act (FMLA) Continuation

•         Serious Health Conditions
•         Protections under FMLA
•         “Equivalent Position”
•         Timing requirements
•         Requesting Re-certification

5:00-6:00 The American with Disabilities Act (ADA)

•         Compliance obligations under ADA
•         Definition of Disability
•         ADA vs. ADAAA
•         Most common disabilities
•         Drugs and alcohol under ADA
•         Undue hardship defense
•         Direct threat defense
•         Reasonable Accommodation Process

Day 02 (10:00 AM – 6:00 PM)

10:00-11:15 Age Discrimination in Employment Act (ADEA)

•         Prohibition of age discrimination
•         The Older Workers Benefit Protection Act of 1990
•         Waivers of ADEA Rights

11:15-12:15 Equal Pay Act

•         Obligations under the Equal Pay ACT
•         Wage gaps 50 years after EPA
•         Lilly Ledbetter Act
•         Exceptions to Equal Pay

12:30-2:00 Occupational Safety Health Act (OSHA)

•         OSHA Compliance – Must know basics/Newest regulations
•         Preventing common workplace hazards
•         Record-keeping
•         Preparation for OSHA Site Visit
•         Reducing workplace violence

2:00-2:30 Lunch

2:30-4:15 Pregnancy Discrimination Act (PDA)

•         Fundamental PDA Requirements
•         The extent of PDA coverage
•         Medical conditions related to pregnancy or childbirth
•         Reasonable accommodations
•         Unlawful discharge during pregnancy or parental leave
•         States with greater PDA obligations

4:15-4:45 National Labor Relations Act (NLRA)

•         Protections under the NLRA
•         Right-to-work states
•         Reasons why employees organize
•         Union organizing campaign
•         NLRA “Concerted Activities”
•         Social Media and the NLRA

5:00-6:00 Genetic Non-Discrimination Act (GINA)

•         Reasons for GINA
•         Definition of Genetic Information
•         Prohibitions under GINA
•         Tests not considered genetic tests
•         Exceptions to the acquisition of Genetic Information
•         GINA’s rules on confidentiality
•         GINA and EEOC charges