GMSHRM is proud to present its Fall 2010 Legal Update, a seminar focusing on significant legal issues facing human resource professionals in today’s workplace. Our speakers are well-known labor and employment attorneys, all of whom understand the challenges facing human resource professionals in our highly complex and constantly changing world of "HR Law".
This program was submitted for HR Certification Institute hours.
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What: 2010 GMSHRM Legal Update
When: September 21st, 2010
8:00 AM - 4:30PM
Where: Hotel Sofitel
5800 Blue Lagoon Drive
Miami, FL
Earn HR Certification Institute credits and learn about significant legal issues facing the human resources professionals today. This year's events will present a diversity of relevant topics including:
Program Overview
8:00 a.m. Continental Breakfast, Check-In, Networking
8:30 a.m. Welcoming remarks
8:35 a.m.
2010 Update: What’s New?
Andrew L. Rodman, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.
Sharon Quinn Dixon, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.
Employment Law -- 2010 has been an active year for legal developments in employment law. Are you in compliance with state and federal laws providing nursing moms with rights in the workplace? Are your payroll practices consistent with the Miami-Dade wage theft ordinance? Has your company taken advantage of the hiring incentives in the HIRE Act? How will recent court decisions impact your HR functions? How has the Department of Labor’s position changed on overtime exemption issues?
Health Care Reform -- Do you know how health care reform impacts your employer-sponsored group health plans and payroll systems? Are you familiar with the “grandfather” rules, the W-2 reporting of health plan costs, and the new “Patient’s Bill of Rights”? In this session we will review these and other important issues associated with the health care reform legislation that you need to know for 2011.
9:45 a.m.
It’s in the Notes – A Plaintiff’s Perspective on the Good, the Bad, and the Ugly of Internal Investigations and Investigative Note-taking
Brian D. Buckstein, Brian D. Buckstein, P.A.
While employers are well served to implement effective complaint procedures and conduct thorough internal investigations on complaints of harassment, discrimination and retaliation, HR professionals must make certain that their internal investigative notes do not establish pretext, inconsistencies, disparate application of policies, or just general incompetence. As much training as HR professionals receive, it happens every day – take it from an attorney who represents plaintiffs in employment-related litigation.
10:25 a.m. BREAK
10:40 a.m.
Employment Law Strategies for a Telecommuting Workforce: A Win-Win for Employees and Employers
Kevin Vance, EpsteinBeckerGreen
The workplace is an ever-changing environment. More and more, employers are permitting employees to work remotely from home. Doing so is not without risk, and raises issues regarding wage and hour compliance and anti-discrimination laws. This session will focus on ways HR professionals can reduce legal risks for their companies while using telecommuting as a way to keep their star performers.
11:20 a.m.
Navigating the Classification Minefield: Are they Employees or Independent Contractors?
Natalie E. Norfus, Jackson Lewis
The Department of Labor, the Internal Revenue Service, and other governmental entities are taking a “hard look” at companies’ independent contractor and employee classifications. The number of lawsuits stemming from alleged misclassifications has increased dramatically in recent years. This session will help demystify the analysis used in making the independent contractor/employee classification, and help you understand the importance of making the correct classification.
Noon LUNCH
1:15 p.m.
The Brave New Virtual World and the Workplace
Joan M. Canny, Akerman Senterfitt
New portable and virtual worlds -- facebook, twitter, smart phones, and the "cloud" -- present both risks and opportunities for employers and employees alike. This session will provide a basic tutorial on these new portable and virtual worlds, and discuss best practices and possible liabilities from employer and employee use of smart phones and other mobile devices, online social networking sites, and internet space.
2:00 p.m. BREAK
2:15 p.m.
Reading the FMLA Tea Leaves
Kara Nickel, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.
The “new” FMLA regulations are almost two years old and employers have been busy problem solving. We will discuss challenging FMLA issues and how employers, courts and the Department of Labor have addressed them.
3:00 p.m.
Wage & Hour Law 101 – Basic principles that can reduce your risk of liability
David A. Buchsbaum, Fisher & Phillips LLP
Wage and hour litigation, particularly in Florida, represents a significant percentage of the employment-related litigation clogging the state and federal court dockets. Is your company doing everything it can to decrease the likelihood of litigation and potential liability? Has your company properly classified employees as “exempt” from minimum wage and/or overtime? Has your company adopted time-keeping and record-keeping policies and practices that accurately track “working hours.” The risks associated with non-compliance can be very costly, so, at the very least, make sure you understand the basic principles of compliance.
3:45 p.m.
Discipline and the “Protected Employee” – Counseling and terminating employees who have engaged in protected activity
Kristy M. Johnson, Carlton Fields
Employees who lodge internal complaints of discrimination, or who “blow the whistle” on alleged unlawful activity, are often believed to be “immune” from future disciplinary action. That is not necessarily the case. Learn how to decrease the risk of facing a retaliation claim arising out of discipline or termination of a “protected employee.”
4:30 p.m. Closing Remarks
This program has been approved for 6.25 recertification credit hours toward PHR, SPHR, and GPHR recertification through the HR Certification Institute.
The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute’s criteria to be pre-approved for recertificaiton credit.
About the Sponsors
CIGNA Corporation and its subsidiaries serve millions of people worldwide through medical, dental, behavioral health, pharmacy, vision, life, accident and disability benefit plans and insurance.
Known as a health and related benefits company, our involvement with customers goes deeper than handling insurance claims. While many businesses self-insure or fully insure their health plans, employers look to us for the expertise, services and tools that help improve the health and well-being of their employees. Our customers seek our guidance in making informed health care decisions. Our wide range of programs and resources make it possible for companies to lower their costs, for individuals and families to live healthier, more secure lives by allowing them to take better care of themselves.
Albany is a leading HRO with a focus on the contingent labor market.
With over 17 years of experience, our contractor management and payroll programs include:
· Independent Contractor Compliance and Engagement Programs
· Contractor Payroll Services (Employer of Record)
· Sub-vendor Billing and Payment Consolidation
· Direct Source (leveraging your brand to drive internal recruitment)
With Albany, companies can efficiently and cost–effectively engage, retain and manage the talent they need, while mitigating the risks associated with contingent workers.
Flexible Strategies for your Flexible Workforce
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