| As
part of the preventive labor relations services offered by
Shawe Rosenthal, LLP, our attorneys conduct management
seminars and training sessions concerning a variety of labor
and employee relations topics. Typically we utilize visual
media, such as color overheads, slides or computer generated
media to reinforce the information presented at these meetings.
We also create helpful handouts, including checklists, which
provide a resource tool for addressing actual workplace problems
and situations. A partial list of training topics is summarized
below. All training is custom tailored to the needs of your
management staff.
To
schedule one of these seminars for your management
staff, or
to get additional information regarding costs and
scheduling, please contact Kay Rubin, kay@shawe.com.
To
view the Seminar and Training offerings in PDF form, click
here (To
download Adobe Acrobat PDF reader click
here).
The
Ten Commandments for Employment Interviews
Employment
interviews offer employers an opportunity to obtain information
that can be very useful in making informed hiring decisions.
They can also be the focus of employment discrimination
claims if improperly conducted. In this presentation,
we review basic guidelines that will help forestall such
charges. Further, by assisting interviewers in focusing
on germane inquiries, the guidelines will generally improve
the quality of the information elicited from applicants,
as well as an employer's ultimate hiring decisions.
Employment
Discrimination in a Nutshell
In
most cases, employers will be judged as if their supervisors
knew and understood the law in making their employment
decisions. That being the case, it is important that
decision-makers have an understanding of the principal
legal theories upon which employment discrimination claims
may be pursued. This presentation will sensitize managers
and supervisors as to the various bases on which someone
may assert an employment discrimination claim or lawsuit.
Tools
and Techniques for Maintaining Union-Free Status
Union
organizing activity, which had declined in recent years,
is once again on the rise. AFL-CIO leadership has vowed
to propel the labor movement forward and has developed
a broadbased plan to accomplish its goal. Experience
has taught us that an employer's ability to effectively
communicate with its employees is vital in maintaining
union-free status. Among the subjects discussed in this
presentation are the tactics used by labor unions to
gain a foothold in a company and effective methods of
legally communicating the disadvantages of unionization
to employees.
The
Americans with Disabilities Act
Disability
claims are increasingly being raised as more individuals
become attuned to their rights under statutes such as
the Americans With Disabilities Act. We have prepared
a series of presentations regarding employers' obligations
under federal and state disability laws. Some of those
presentations provide general overviews while others
focus on specific concerns; for example, what constitutes
reasonable accommodation of a claimed disability. We
also address the recurrent issues surrounding permissible
medical inquiries, physical examinations, and employment
applications questions.
Modern
Discipline and Termination Guidelines
No
employment decision is more likely to be the subject
of a claim or lawsuit than the decision to terminate
an employee. Of course in a discharge case, any previous
disciplinary steps will also likely be subject to great
scrutiny. Given the generally large monetary exposure
that is associated with termination litigation, this
is an area in which proper training clearly can be helpful.
This presentation discusses tests that any supervisor
or manager can use in evaluating whether a possible disciplinary
or termination decision will be vulnerable to later attack.
Common
Law Claims
The
typical court complaint does not raise just one theory
of employer liability. Today, because of changes in our
judge-made law, plaintiffs have multiple avenues for
attacking employment decisions. Thus, four or five count
complaints are the rule, not the exception. This presentation
assists supervisors and managers in being thoughtful
about the potential consequences of what in the past
may have been unchallenged actions, but today could subject
their employers to claims for substantial punitive and
compensatory damages.
Family
Medical Leave Act
The
Family Medical Leave Act contains a number of pitfalls
for the unwary employer. This presentation explains the
statute and implementing regulations, identifying areas
of concern. Also covered is the interplay between the
FMLA and the requirements imposed by the Americans With
Disabilities Act and state workers' compensation statutes.
The
Fair Labor Standards Act
Department
of Labor reports and recent caselaw confirm that employers
continue to make costly mistakes when it comes to administering
the minimum wage and overtime provisions of the Fair
Labor Standards Act. This presentation reviews the FLSA's
principal provisions, including the requirements for
proving that an employee is exempt from the Act's overtime
requirements, and clarifies commonly held misconceptions
that can result in significant liability for unpaid wages.
Fair
Employment Practices
Treating
employees fairly prevents misunderstandings and improves
overall morale. Fair employment practices also discourage
litigation and may provide an employer an affirmative
defense, particularly to punitive damage claims. This
presentation broadly covers the drafting and implementing
of employment policies and procedures, with special attention
provided to preparing and revising employee handbooks.
Employment
Decision Documentation
A
frequent problem in defending employment claims is the
absence of sufficient credible documentation that would
explain the motivation of the decision-maker. This presentation
explains both when decisions should be documented and
what should, and should not, be written in that documentation.
This topic fits well with and supplements our presentation
on discipline and termination decisions, where good documentation
is critical.
Intellectual
Property
In
an environment where employee loyalty has lessened, businesses
are looking for ways to protect their confidential information,
intellectual property, and trade secrets, and otherwise
minimize the risk that their business relationships and
products will be pirated away by former employees. This
presentation reviews the alternatives available to employers
to maximize their protection and still preserve their
ability to attract high-caliber employees.
Diversity/Sensitivity
Training
Today's
workplace is truly a melting pot. People of both genders
and of many races, colors, nationalities, ages, and religions
work shoulder-to-shoulder. Individuals with disabilities
make up a greater portion of the labor pool than at any
other time. Diversity can serve an employer well, if
dealt with in a fashion to maximize its benefits. On
the other hand, the employer that ignores the misunderstandings
and conflicts that sometimes occur when diverse work
groups interact can pay a large price for that failure.
This presentation will sensitize managers and employees
alike to the range of views that can arise in a diverse
environment, and of the guidelines that must be observed
by managers and employees to foster a workplace that
is characterized by respect, tolerance, and adherence
to the law.
Immigration
As
barriers breakdown and commerce extends internationally,
and while the domestic labor market will generally remain
tight, employers frequently need advice and counseling
with respect to U.S. immigration laws. This presentation
covers not only IRCA compliance, but also basic and practical
advice with respect to employer-sponsored immigration
procedures.
Sexual
Harassment
The
number of sexual harassment claims continues to increase.
Supreme Court caselaw has all but mandated sexual harassment
training of our workforces. The frequency of sexual harassment
claims and the unique obligations that employers have
in preventing such conduct are discussed in this presentation.
Attention is focused on the fact that when properly investigated
and dealt with, sexual harassment claims can be successfully
defended before the EEOC and the courts.
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