Employment Law in a Nutshell – Guidance for your Business 7 Credits 7 Credits

Commercial law or business law is the body of law which governs business and commerce and is often considered to be a branch of civil law and deals both with issues of private law and public law. Commercial law regulates corporate contracts, hiring practices, and the manufacture and sales of consumer goods. Though this is woven into modern-day life, certain things from the employment law remain ignored or neglected.

These neglected parts of the employment law may bring businesses and corporates a lot of trouble. This may be with reference to the credit of the business affecting the operations as well as business volume. These webinar series deal with employment law in great detail considering modern-day highlighted cases. This webinar series can be your employment law guide to maintain the smooth functioning of your business.

It constitutes seven highly recommended sessions covering various important part of employment law. Detailed session descriptions are as follows:

Session 1: TOP 25 EMPLOYEE DISCIPLINE TIPS TO AVOID EMPLOYMENT LAWSUITS

The scenarios HR professionals are changing very rapidly. It demands a great deal of agility and a practical understanding of scenarios to manage people in challenging times. Regardless of an experienced HR pro or an HR professional with little experience, you need to have the updated knowledge of how things are changing with real-world applications.

Irrespective of your work environment being unitized or not, the session presents a key opportunity to change your approach to an employment lawyer and handle HR issues with long-term thinking and professionalism.

Highlights of the Session:

• Guidance on how to manage HR scenario with ease
• Identification of concerns before it takes a huge form
• Avoiding legal problems by following the simple rules from understanding
• Real-world scenario discussed with base understanding and law
• Whether you are managing an entire HR department, or a small business firm, this session will bring out the key issues that you may have to face. In the rapidly changing environment, when the jobs cover more than one responsibility, it is a required tool for success.

Session 2: ARE YOU CREATING LEGAL LIABILITY WHEN YOU HIRE OR RECRUIT ONLINE? - COVID -19 SPECIAL

When starting In the recruiting process, it is important to be aware of certain legal issues in order to minimize risk. Job postings, interview questions, checking references and making job offers all need to be done in a way that meets legal requirements. In the world of social distancing, are you now -

• Googling an applicant before an interview?
• Do you check out their social media profile?
• Do you review all recruiter ads before they are posted online when you try to hire someone?
• Do you even know what to look for to determine if the ad is illegal?

These actions can expose your employer to a lawsuit. Most business owners and HR professionals do not have legal counsel review recruiting ads, so you must know how to spot an illegal recruiting ad. In the post COVID world, most employers Google an applicant but fail to realize just how this action can cost their employer $100k.

Session 3: HOW TO NOT BE AN HR FAILURE – FROM AN EMPLOYMENT LAW PERSPECTIVE

It is undisputed that every business needs an HR professional. Some firms have the financial freedom and convenience to accommodate highly qualified and experienced HR professionals to manage their HR activities. However, businesses that cannot accommodate such requirements are at a huge disadvantage. They are left helpless to face complex employee issues in the absence of decades of experience dealing with the same.

Here is a chance to learn from experienced and inexperienced decisions. David Miklas, An advisor from the Law Office of David Miklas, P.A. with a rich experience of over 20 years explores the area to make informed and educated decisions for HR professionals. Even if your job is not 100% HR but involves certain duties of the role, this session aims to ease the challenges of staying up-to-date with all the employment laws.

Session 4: 15 THINGS YOU REALLY SHOULD RUN BY YOUR EMPLOYMENT LAWYER

Employment lawyers are presumed to be helpful when a business encounters a lawsuit situation with the employee. This is the case of extremely limited vision towards the job of the employment lawyers.

In this session, Mr. David Miklas, Advisor, Law Office of David Miklas, P.A., provides guidance on how an employment lawyer proves to be a unique value provider to businesses and professionals. This session is aimed at providing specific insights for accounting and human resource professionals to assist in the business.

Highlights of the Session:

• Unique value employment lawyers provide to businesses
• Key areas of input where an employment lawyer can add value
• How to take benefit of services from Employment lawyers
• Discussion of the real-world issues that businesses and professionals are likely to encounter
• Key cases discussed that have made headlines to add value to your business practice
• 15 things that you should run by your employment lawyer

Grab your chance for the unique and insightful value-adding session…!

Sessions 5: DUTY TO REASONABLY ACCOMMODATE: THE ADA, TITLE VII & FMLA

It has become a common scenario when an employee asks for accommodation from the business. In such a scenario, it is required that the business take a feasibility test for whether such accommodation can be provided. The list of the topics that needs to be explored in this feasibility test are many. The definition of ‘duty to reasonably accommodate’ should meet the criteria such as religious beliefs, and disabilities etc.

Highlights of the Session:

• Employer-mandated flu shots and other vaccines (COVID?)
• How the FFCRA comes into play
• EEOC v. Abercrombie & Fitch Stores, Inc.
• How duty to accommodate is different under Title VII and the ADA
• Employee demanding to wear skirt – what to do?
• Requesting letters from religious leaders
• Biometric scanners – how they come into play with accommodations
• Jehovah’s Witness and religious accommodations
• Grooming policy & dreadlocks
• Mental disabilities – obligations to accommodate?
• Does the ADA Require Automatic Reassignment to Another Position?
• Pregnancy – is there a duty to accommodate?
• Can you fire a worker if she cannot work after using up all 12 weeks of her leave under the Family Medical Leave Act?
• Website accommodations

Mr. David Miklas of Law office of David Miklas, P.A. has a rich experience of over 20 years in labor and employment law. He will throw light on the subject with practical examples and consequences discussed in detail. This session is recommended for all the professionals who handle such responsibilities in a business firm.

Session 6: EMPLOYMENT LAW LANDMINES FROM RECRUITING TO TERMINATION

Accountants and HR pros are involved in many areas where the organization can be exposed to legal liability.  Yes, every phase of the employee journey can result in the employee claiming discrimination or retaliation. In addition, remember that workers are well-educated consumers. A poor performer may launch a pre-emptive strike over the supervisor’s conduct—typically using terms like harassment, discrimination, and retaliation—before the supervisor has a chance to complain about her performance. The strategy is to complain about the supervisor so that any discipline or termination looks like retaliation. The workplace wisdom in this session belongs front-and-center in your management arsenal.

Highlights of the Session:

• Learn to recognize potential land mines and how to avoid or disarm them.
• When to call for reinforcement from the HR department.
• Identify the high-risk areas so that you can avoid risky behavior yourself and for the business’s employees
• EEOC charges, DOL investigations, and employee lawsuits

These tales from the trenches will help you become a more consistent manager and a better company representative—one who leads a drama-free work environment clear of employee explosions. Learn from an experienced employment attorney who litigates in the trenches and regularly sees where these landmines tend to be.

Session 7: LABOR & EMPLOYMENT LAW - WHAT WILL GET YOU SUED IN 2020/21

The workplace should be a safe place. Unfortunately, some workers are subjected to unfair and illegal conditions by unscrupulous employers. Workers may not know what their rights in the workplace are or may be afraid of speaking out against their employer in fear of retaliation. These labor violations can lead to lost wages and benefits, missed opportunities for advancement, and undue stress.

This CPE session will use ripped-from-the-headlines examples of what employers are doing wrong. Learn from real-world examples of things that other businesses are screwing up. Topics will range from discrimination and harassment to retaliation and wage claims.  This is what is really happening right now to employers.

Highlights of the Session:

• Wage and Hour Division
• Case Studies (Examples ripped from newspaper headlines)
• Parental Leave policies for Gender Discrimination