Bring our training to your business.
Our training modules can be delivered live or via webinar. They run from 1 hour to 1 day, depending on the topics you would like covered. We customize each program to the culture of your business. Topics for Supervisors include:
- How to Make Lawful Employment Decisions
- Sexual (and other unlawful) Harassment Prevention
- If A Person Provides Services To You, Must You Always Pay For Them?
- Absence Makes The Heart Go Wander – Understanding The Family Medical Leave Act
- Everything You Say Can and Will Be Used Against You – Binding Conversations with Employees
- The Good the Bad and the Ugly – How to Effectively Document Your Employee’s Performance
- Overt or Covert – What Is Retaliation And How To Avoid It.
We Also Offer Programs Targeted To Human Resource Professionals:
- FMLA Means Forever Managing Leaves of Absence
- Auditing your I-9 Forms
- Conducting Proper Investigations
- Hiring The Right People Without Using Facebook
- So you’ve been sued — Now what? HR’s Role in Litigation
- Creating a Lawful Diversity Plan for non-Affirmative Action Plan employers
Program Descriptions:
How To Make Lawful Employment Decisions
This program addresses the importance of the anti-discrimination laws and how to hire the best and the brightest candidates without engaging in unlawful discrimination. Participants will learn the difference between Equal Employment Opportunity (EEO) and Affirmative Action; discuss the various areas of consideration such as grooming and appearance, religious and disability accommodation, and objectively identifying qualifying skills and education. Other features include a discussion on the importance of accurate job descriptions and the dangers of requiring too much education, or the converse, treating candidates as “overqualified.” The course also addresses background checks, credit and criminal reports and social media. Finally, the course addresses the fine line between ensuring a diverse workforce and engaging in reverse discrimination.
Sexual (and other unlawful) Harassment Prevention
Courts routinely have held that an employer’s failure to train supervisors on the topic of sexual harassment is reckless, and will almost certainly subject an employer to an award of punitive damages should it lose a claim. In some states, Sexual Harassment training is statutorily mandated. This course will help supervisors understand what is, and what is not, sexual (or other unlawful) harassment; what is, and what is not, acceptable behavior; how to prevent sexual harassment; and how to handle a claim should it be brought to their attention. The program also addresses an employer’s responsibility with respect to harassment in the workplace, and what is meant by prompt remedial action.
If A Person Provides Services To You, Must You Always Pay For Them?
The most frequently filed claims against employers allege wage and hour violations. There are many gray areas in wage and hour law including (a) who is and who is not an employee; (b) the status of the worker (employee, independent contractor or intern); and (c) under what conditions an employee is entitled to overtime. This course explains the nuances of each of these areas of employment law, so that employers can ensure that they are protected in their wage and hour practices.
Absence Makes The Heart Go Wander – Understanding The Family Medical Leave Act
Each year, more and more laws are enacted that provide employees with protection for their absences from work. This course helps managers understand how to recognize a protected absence; how to discuss that absence with the employee; and how to manage that absence while still running the business.
Everything You Say Can and Will Be Used Against You – Binding Conversations with Employees
This course discusses the importance of coaching to improve employee engagement and loyalty, while at the same time recognizing that there are limitations on the statements that can be made in the workplace. There are numerous common law claims that can be brought against an employer based on statements made, from breach of contract, to defamation, to negligent misrepresentation, to breach of privacy. Supervisors will be taught to understand which types of statements are privileged, and which are not. They will receive examples of statements that have resulted in lawsuits, but also be provided with acceptable alternative language to achieve the same goal, but not land the supervisor in hot water.
The Good, the Bad, and the Ugly – How to Effectively Document Your Employees’ Performance
Supervisors are loathe to document an employee’s performance until they are fed up with the employee, and then it is too late. This course incorporates the tips and tools of performance management, including drafting tips for coaching documents. We review the importance of rewarding and documenting good behavior, the importance of aligning job descriptions with performance documents, and the importance of recognizing and preserving all the information relative to an employee’s performance.
Overt or Covert – What Is Retaliation And How To Avoid It
More and more often, employers are able to defeat claims of discrimination, only to find that they are still liable for the retaliatory behavior of the supervisor after the complaint was made. This course helps supervisors recognize what retaliation is, and how to avoid it when managing employees who come forward with concerns. It also provides supervisors with tips on maintaining a positive relationship with that employee .
FMLA Means Forever Managing Leaves of Absence
There have been several major changes to the Family Medical Leave Act (“FMLA”) in the past few years, and many state laws are adding even more protections to various types of absences. The US Supreme Court’s decision in United States v. Windsor impacts the classes of employees eligible for FMLA protection. In addition, the EEOC has targeted employers who automatically terminate employment at the end of an FMLA leave, without examining the employee’s eligibility for extended protection under the Americans With Disabilities Act (“ADA”). This course describes the legal responsibilities associated with recognizing, compensating and managing employees who incur protected absences. We provide tools for tracking absences and sample communications with employees to explain their rights and set the employer expectations. We also discuss the interplay among a company’s leave of absence policy, the ADA, and income replacement programs such as Short Term Disability, Workers Compensation, and Paid Time Off policies.
Auditing Your I-9 Forms
Completing the I-9 Form is one of the simplest functions of an HR professional’s duties, but the failure to do so properly can result in severe penalties (including criminal indictment). This course provides the rules and tools for properly completing the I-9 document, auditing your I-9 files, and dealing with SSN mismatch issues.
Conducting Proper Investigations
One of the most important aspects of a Human Resources Professional’s job is to investigate employee concerns and complaints. This session takes HR through the elements of an effective investigation to ensure that there is integrity in the process, the facts are properly developed, and that the results of the investigation are properly documented, acted upon, and concluded.
Hiring The Right People Without Using Facebook
From “Ban the Box” legislation to social media laws, the Fair Credit Reporting Act and Title VII, there are a myriad of laws that impact the hiring process. They address who employers may recruit, where to find candidates, how to test and select, what information they are permitted to gather and what they may not gather, and what employers must do with the information collected in the process. This course tracks the laws that govern the entire process, from identifying a need, to creating a job description and advertising it, to receiving applications, selecting the candidates to interview, conducting interviews, selecting a finalist and making a conditional offer of employment, conducting a background check, and finally bringing the new employee on board.
So You’ve Been Sued – Now What? HR’s Role in Litigation
The course takes HR professionals through their respective obligations in the event of a lawsuit, with an emphasis on learning the phases of a lawsuit, how to properly preserve relevant documents, what a deposition is like, their role as potential witness, and how lawyers approach strategy.
Creating a Lawful Diversity Plan for Non-Affirmative Action Plan Employers
We know that diversity is a business imperative and many companies have committed to developing a diverse workforce. However, not everyone knows how to do so properly. Practicing diversity can be a minefield for well intended practitioners who are unaware of the pitfalls. Companies may inadvertently engage in unlawful discrimination, or inadvertently create an unlawful affirmative action plan. This course discusses all the legitimate and successful means of practicing diversity, while at the same time ensuring compliance with employment laws.
