This full day seminar will review important aspects of Illinois and Federal Employment Law: Recent changes and items that are important for all employers to know. The agenda will include an overview of Discrimination and Harassment Investigations, Employee Handbooks & Personnel Policy Development, Confidential Information and Customer Relationships, Employee Privacy Rights, At-Will Employment, Hiring & Developing Talent, Disciplining and Terminating Employees, Wage and Hour Law, and the Bermuda Triangle
8:30 am – 9:15 am
I. Discrimination and Harassment Investigations
- If the “victim” does not complain, does the employer still have to investigate?
- Confidential investigations: what can you say to the victim, the harasser and to other employees or witnesses?
- Should you have a written investigative report and how can it help or hurt you?
- What information or conclusions should be included in the written investigative report?
- What type of corrective action is available – thinking outside the box
- How to deal with inappropriate conduct before it becomes unlawful?
9:15 am – 10:00 am
II. Employee Handbooks & Personnel Policy Development
- How can employee handbooks help or hurt you?
- What policies must be included in an employee handbook?
- What policies should be included in an employee handbook?
- What policies should NOT be included in an employee handbook?
10:00 am – 10:15 am
10:15 am – 11:00 am
III. Is Your Confidential Information and Customer Relationships Protected?
- Is your confidentiality agreement binding?
- Is ALL of your valuable business information confidential?
- Can employees use materials or inventions created for the company’s use?
- Why do you need zipper clauses in your agreements?
- Should you have an anti-piracy agreement?
- Should you have an anti-solicitation agreement?
- Should you have a non-compete agreement?
- How do you enforce these types of agreements?
11:00 am – 12:00 pm
IV. What Rights do Employees Have to Privacy and to Access to Personnel Files?
- Employees’ access to personnel files
- Employer search of employee lockers, desks and garbage cans
- When can companies monitor voicemails, e-mails and computer?
- What is the impact of Social Networking (blogging, facebook, myspace, twitter)
12:00 pm – 1:00 pm
1:00 pm – 1:20 pm
V. At-Will Employment – Fact or Fiction?
- What is the current status of the employment at-will doctrine?
- What are the exceptions?
- How does a company preserve at-will status?
- How can progressive discipline and other policies weaken at-will status?
- Can an employer in Illinois really terminate an employee for good reason, bad reason or no reason?
- Should an offer letter be standard practice?
- What should an employment contract include to avoid contract formation?
1:20 pm – 2:15 pm
VI. Hiring & Developing Talent
A. What should be included and not included in Employment Applications?
B. How should we conduct employee interviews?
C. Can we conduct background checks?
D. Drug Testing “101”
E. How to conduct medical examinations in the hiring process?
F. Immigration issues and I9 Forms made simple…
2:15 pm – 3:00 pm
VII. Disciplining and Terminating Employees
- Do you need documentation about discipline or counseling that occurred prior to terminating an employee?
- What types or records or documents can help the company when terminating an employee?
- How do performance evaluations hurt or help you?
- How to handle the termination.
- How to terminate someone who is in a protected class or who is engaging in protected activity?
- Why are retaliation lawsuits on the rise?
3:00 pm – 3:15 pm
3:15 pm – 4:00 pm
VIII. The Pandora’s Box: Common Wage and Hour Law Myths
- If someone is paid a salary, do you have to pay them overtime?
- Do you know all of the ways to calculate overtime pay?
- What pay practices are ticking legal time bombs?
- Can you dock an employee’s pay for safety, discipline or absence?
- What types of deductions can you lawfully make?
- What time can you exclude from work time, breaks, meals, travel, on-call time?
- When can you allow comp time to avoid overtime?
- How should you handle a DOL audit?
4:00 pm – 4:30 pm
IX. The Bermuda Triangle: The ADA, FMLA and Work Comp
- Navigating your way through the ADA, FMLA and Workers’ Compensation
- Expelling the myth that an employee is entitled to an indefinite leave of absence
- Expelling the myth that an employee must remain employed indefinitely