First Line of Defense: Employment Law Training System

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First Line of Defense: Employment Law Training System
First Line of Defense: Employment Law Training System for Supervisors Risk-Free PREVIEW Certificate.
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us First Line of Defense: Employment Law Training System for Supervisors for a risk-free 30-day preview. We get 12 training sessions on DVD,
the Trainer’s Guide, and a CD-ROM loaded with valuable documents, all for just $1297, a full $200 off the regular price. If we decide to keep it, we’ll
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Hiring
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Don’t wait for a legal attack
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sufficiently trained.
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Sexual
Harassment
Wage &
Hour Law
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Offer code: P244
13558
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Workplace
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Also available online. Call 800-274-6774 for details.
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P.O. Box 5094
Brentwood, TN
37024-5094
Phone: Toll-free 800-274-6774
Fax: 800-785-9212
If you’re dissatisfied, for any reason, simply return First
Line of Defense: Employment Law Training System
for Supervisors within 30 days for a complete refund.
You take no risk.
E-mail: [email protected]
Web: www.HRhero.com/FLD
FMLA
Dan Oswald
President & Publisher
Talented and Experienced Instructors Lead Sessions in First Line of Defense
Attorney Stacie Caraway with Miller & Martin
concentrates her practice in labor and employment
law. She advises national franchises on employment
and labor law issues and develops, reviews, and
updates human resource policies, supporting
contracts and materials. She also represents these
companies in all legal proceedings including labor arbitration and
EEOC and state human rights commission investigations.
Attorney Charlie Plumb with McAfee & Taft has
represented employers in collective bargaining issues,
grievance arbitration, and representation before
federal and state administrative law agencies. His
extensive litigation experience includes trials in state
and federal courts involving claims of discrimination,
retaliatory discharge, breach of contract, and constitutional law
violations.
Attorney Candace Kollas is President of Workable
Options, a consulting firm that assists organizations in
developing communications and ensuring compliance
in business practices. Her clients include AOL/Time
Warner, Mercedes Benz USA, the Virginia Department
of Transportation, and others. She assisted CocaCola Enterprises in developing its Integrated Conflict Management
System and is currently the Master Trainer for the nationwide
implementation of that system.
Attorney Kara Shea with Miller & Martin provides
practical advice on employment issues and
compliance to employers of all sizes, ranging from
Fortune 500 companies to small businesses, and
represents them before administrative agencies such
as the EEOC and in litigation, including discrimination,
retaliatory discharge, whistleblower, and wage and hour cases.
Ms. Shea regularly provides supervisory training on topics
including FMLA and FLSA compliance, conducting workplace
investigations, and implementing employee discipline.
Attorney Mike Maslanka with Ford & Harrison has
more than 20 years of experience in litigation and trial
of employment law cases, including defending several
multi-party cases under the Age Discrimination in
Employment Act, the Fair Labor Standards Act and
the Civil Rights Act of 1991. He has served as Adjunct
Counsel to a Fortune 10 company where he provided multi-state
counseling on employment matters. Mike has also served as a
Field Attorney for the National Labor Relations Board.
Attorney Mark Schickman is a partner with Freeland
Cooper & Foreman, where he has litigated every
kind of employment matter over the past 30 years.
Mark has defended leading corporations against
claims of age discrimination, sexual harassment, and
discrimination under FMLA. He is the host of Stop
Sexual Harassment, a leading prevention training video program
for supervisors.
Try it risk-free for 30 days. view sample clips online at www.Hrhero.com/FLD
13558_P205.indd 1
The White House is making employment law enforcement
a top priority, hiring hundreds of new investigators
and ramping up workplace audits. At the same time,
improperly trained managers continue to make devastating
mistakes. Here are headlines from one day in November
2009:
ƒƒIdaho home builder to pay $242,302 in overtime settlement
ƒƒMine operator settles age discrimination claim for $8.75 million
ƒƒCalifornia county hands $545,000 to three deputies to make
retaliation claims go away
ƒƒLouisiana bakery pays $27,000 when supervisor wrongfully
terminates employee on FMLA leave
Stay off this list when you train your team using the all-new 12-DVD
program, First Line of Defense: Employment Law Training System
for Supervisors.
From the producer of the award-winning Danger Zones
for Supervisors. Try it risk-free for 30 days!
VIEW sample CLIPS now at www.hrhero.com/fld
Also available online
Other
Harassment
Performance
Evaluations
Discipline
Discrimination
Documentation
Firing
12/3/09 9:34:49 AM
Your managers are your first line of defense against employment lawsuits. But are they ready?
Hiring
Wage & Hour Law
Train your team on how
to hire the best applicants
without creating legal
headaches.
To help supervisors succeed, and to
help shield your organization from
legal entanglements, train them using
the all-new First Line of Defense:
Employment Law Training System
for Supervisors. This video-based
program contains everything you
need to train on 12 legal “hotspots”
before a problem arises.
Each half-hour DVD in the system
combines professionally acted
vignettes with lively commentary
from a team of employment law
attorneys. The real-world scenarios
and discussion bring key concepts
to life and make a lasting impression
on your supervisors. They’ll emerge
from First Line of Defense training
invigorated, confident, and armed
with the information they need
to make the right decision in any
situation.
Your complete training system
includes:
ƒƒ 12 DVD presentations on a specific
employment law topic
ƒƒ Comprehensive Trainer’s Guide
to lead you step-by-step through
each session
ƒƒ CD-ROM containing certificate
of completion template,
acknowledgment of training,
attendance list, training session
evaluation, and more.
Also available online.
Call 800-274-6774
for details.
13558_P205.indd 2
ƒƒ Preparing for the interview
ƒƒ Questions supervisors can’t ask
ƒƒ Linking questions to the job
requirements
ƒƒ Protected classes and how to avoid
violations
ƒƒ What to do when an applicant reveals
protected-class status
ƒƒ Documentation rules
ƒƒ How to use applicant information
uncovered on the Internet
Privacy
Could your managers cross
the line when trying to
learn more about employee
conduct?
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Defining company property
E-mail, IM, and smartphones
Dangers of jumping to conclusions
Employee blogs and confidential
information
Cell phones and other employee
personal property
How to assess impact of off-duty
conduct
Using progressive discipline
Different privacy rights for public and
private employees
Internet, phone, e-mail, workplace
searches, drug and alcohol use, and
code of conduct issues
Sexual
Harassment
Supervisors have a duty to
prevent harassment.
ƒƒ Defining quid pro quo and hostile work
environment harassment
ƒƒ What is “pervasive action”?
ƒƒ Existence of a past relationship doesn’t
mean she loses her right to personal
privacy
ƒƒ Why it’s best to be a hands-off
manager
ƒƒ The problem of intention vs. perception
ƒƒ Dangers with supervisor-subordinate
relationships
ƒƒ Duty to stop harassment
ƒƒ Equal opportunity harasser defense
ƒƒ Personal liability for supervisor in
harassment cases
ƒƒ Supervisors held to a higher standard
of conduct
ƒƒ Responding to hazing
ƒƒ Retaliation concerns
ƒƒ Oral vs. written warnings
ƒƒ Communicating intolerance for
harassment and retaliation
Avoid devastating
class-action overtime, offthe-clock, and other pay
practice lawsuits.
ƒƒ Why are certain employees exempt?
ƒƒ Exemptions for white collar,
administrative professional, and sales
positions
ƒƒ Burden of proof
ƒƒ Job duties and exemption status
ƒƒ Responding to employee request
to change status
ƒƒ Supervising exempt and non-exempt
ƒƒ Docking salary
ƒƒ Recordkeeping obligations
ƒƒ Enforcing attendance policy for exempt
employee
ƒƒ Break requirements
ƒƒ Class action lawsuits
ƒƒ Enforcement agencies
ƒƒ Willful violation of the law
ƒƒ When exempt employee’s job duties
include nonexempt activities
ƒƒ Working overtime without permission
ƒƒ When you have to pay employee
for non-work activities
ƒƒ Supervisor can cost employer an
employee’s exempt status
ƒƒ Working off the clock
Workplace
Violence
ƒƒ What to say and what not to say when
FMLA leave is requested
ƒƒ When to involve HR
ƒƒ Understanding essential job functions
ƒƒ Creating an undue hardship
ƒƒ Handling unfairness complaints
ƒƒ Medical condition confidentiality
ƒƒ Why juries are so sympathetic to FMLA
and ADA claims
Other
Harassment
Educate your managers
on non-sexual harassment
that’s just as illegal,
disruptive, and damaging
to any organization.
ƒƒ How to determine if behavior or words
constitute harassment
ƒƒ When to alert HR to harassing behavior
ƒƒ How to investigate a claim
ƒƒ Communicating with the
harassment victim
ƒƒ Risks of allowing proselytizing
ƒƒ What you can restrict when it comes to
expressing political views
ƒƒ Avoiding retaliation claims when an
employee complains
Performance
Evaluations
Most supervisors
hate giving employee
evaluations, probably
because they’ve never been
trained on how to do them.
Here’s your opportunity to
correct that.
Here’s what managers need
to know about their duty to
help maintain a safe work
environment.
ƒƒ Proper response to employee
revelations
ƒƒ When to inform HR
ƒƒ Managing an employee protected by a
restraining order
ƒƒ Alerting the police about threat level
ƒƒ Investigating employee violence
ƒƒ Zero-tolerance violence policy
ƒƒ Weapons in the workplace
ƒƒ Recognizing warning signs
ƒƒ Looking beyond the bottom line
ƒƒ No customer or client is untouchable
FMLA
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Every supervisor should
understand FMLA
regulations and incorporate
them into management
practices.
ƒƒ What FMLA requires and who is
affected
ƒƒ What is intermittent leave?
ƒƒ Interconnection with the ADA
ƒƒ Employee coverage qualifications
ƒƒ Extra FMLA leave for military
member care
ƒƒ Understanding “qualifying exigencies”
ƒƒ Avoiding retaliation claims
ƒƒ Reassigning job duties
ƒƒ Loss of status and prestige
ƒƒ Making a reasonable accommodation
ƒƒ Interactive dialogue
Employee raises and reviews
How to review employees you don’t like
Maintaining objectivity and consistency
Making evaluations heavy on specifics,
light on generalities
Keeping an employee file
Communicating performance problems
Mixing the positive and negative
Explaining business impact of
employee behavior
Keeping performance evaluations
separate from employee’s status
Avoiding speculation, sticking to what
you know
Discipline
Make sure your team
knows how to fix
behavioral problems
without creating more
problems.
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Importance of discipline
Know your company policy
Defining progressive discipline
Choosing the right time and place
to discipline
ƒƒ Keeping emotions in check
ƒƒ Confidentiality rules
ƒƒ When to involve witnesses in
disciplinary meetings
ƒƒ Investigation rules
ƒƒ Issuing a proportionate response
ƒƒ Treating male and female employees
the same
ƒƒ Focus on productivity and impact
on coworkers
ƒƒ Objectivity in written warnings
ƒƒ FMLA implications
Discrimination
Teach your supervisors to
make decisions based on
legally justifiable factors.
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“Overqualified” and age discrimination
Same-race discrimination
Intention to become pregnant
Accent and national origin
discrimination
Applicant age concerns
Disabled applicant accommodation
Religious discrimination
Judging applicants on merits
Documentation
The decision to “write up”
a subordinate should be
made carefully, and the
execution should be even
more so.
ƒƒ When to document a violation
ƒƒ What should be in an employee file
ƒƒ Choosing between a verbal and a
written warning
ƒƒ Maintaining at-will status
ƒƒ Signs that an employee will sue
ƒƒ Creating consistent, objective,
and defensible write-ups
ƒƒ Communicating a path to employee
improvement
ƒƒ Getting employees to acknowledge
documentation
Firing
Involuntary separation
is the #1 cause for
employment law conflict.
Make sure your supervisors
have all the pieces in place
to ward off a lawsuit.
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Laying the groundwork
Importance of face-to-face firing
Always give a valid reason
Getting input on the decision to fire
Avoiding the appearance of retaliation
Preparing for employee rebuttal
3rd party witnesses
Avoiding mixed messages
Dangers of flip-flopping in the face of
employee emotional response
ƒƒ Overcoming fear of being sued for
retaliation or discrimination
ƒƒ Applying the “fundamental fairness”
doctrine
4 more reasons to make
First Line of Defense
the cornerstone of your
supervisor training
program:
ƒƒ A fraction of the cost of high-priced
trainers or out-of-town seminars
ƒƒ Works both as a skill set and
attitude refresher and as a crash
course to correct legally unsafe
practices
ƒƒ With 12 training modules, it covers
the complete employment law
spectrum
ƒƒ Fast-paced and engaging, it
never drags trainees kicking and
screaming!
Also
Available
Online!
First Line of Defense
is also available online
for training individual
supervisors.
Interactive. Quizzes, video clips,
and real-world scenarios keep your
employees and supervisors engaged
throughout each course.
Flexible. Online sessions are compatible
with multiple learning styles for
enhanced results across the entire
spectrum of your workforce.
On-demand. Because First Line of
Defense online courses are available
24/7, you can conduct training on a
schedule that meets your organization’s
staffing needs. Perfect for multiple shifts
and locations.
Try Risk-Free
To preview a First Line of Defense
online course for yourself, risk-free
and with no obligation, visit www.
TrainingToday.com.
Or call 800-274-6774.
Try it risk-free
for 30 days.
view sample clips online
at www.Hrhero.com/FLD
12/3/09 9:34:56 AM

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