MVHRA Professional Development Workshop - Legal Update

LEGAL UPDATE (What New Laws May Affect You)

Staying current, maintaining relevance through informed decision making; these are what will propel your company forward.  Social media sites, background screening an increasingly abundant pool of applicants, the legal implications of both; these are the issues can secure your place in the business world.

Jeffrey Mullins, Esq., Shawn Emerson, Esq., and Steven Gall are going to be using their expertise to explore the following topics:

Social Media Sites and Legal Implications
The National Labor Relations Board has targeted policies and employment practices involving social media, leaving employers with little direction on how to addresses this constantly evolving area.  This segment will involve discussion about strategies to address employee uses of social media without attracting the attention of the NLRB, courts, and plaintiff's attorneys.

Background Screening and Testing: Treacherous EEO Training
Background screening and testing is being used to identify beneficial applicants for tentative employers.  There are rising discussions, in large part from the OFCCP and the EEOC, that these practices might be “systemic” discrimination.  Understanding why the disparities that appear in hiring rates are not discriminatory but are in fact irrelevantly correlated is a very important distinction that we will discuss during this segment.

Protecting Your Bread and Butter: What Every Employer Should Know About Non-Competes and Protecting Confidential Information
Agreements that protect your company's confidential information and prevent unfair competition by former employees are vital to maintaining a healthy business plan.  However, these agreements are worthless if a court may find them unenforceable or inapplicable.  Learn how to avoid these two pitfalls.

Anatomy of an I-9 Audit: Managing Risks, Auditing Forms and Avoiding Penalties
The Department of Homeland Security and U.S. Immigration and Customs Enforcement will be continuing to audit I-9’s in 2011.  It is very important to be properly self-regulating to avoid possible fines, penalties and even jail time.

Immigration Agency: Criminal Deportations, Employer Arrest Up
Immigration and Customs Enforcement has removed a record number of people from the United States last year who were here illegally.  ICE has also been going after employers much more rigorously.  Of the people deported, almost half have criminal convictions.  Now, more than ever, it is important to have background screening implemented in your business model.

Organized Labor: New Directions and Challenges that Will Affect All Employers
Federal agencies are increasing their support for unions, while states are proposing laws that assist employers in managing labor costs.  These competing interests have drastically changed the labor landscape, and these changes may affect your company, even if you do not currently have an organized labor force.  This segment will focus on some of these recent changes and assist employers with compliance and future planning.

Pre-Employment Credit Checks Under Heightened Scrutiny: Complying with the Fair Credit Reporting Act, Title VII and State Laws
Pre-employment credit checks can be useful when a company is deciding who will be the best addition to their employ. On the same token, using credit history as part of your hiring decision-making is coming under scrutiny by the EEOC.  Understanding the benefits versus the possible legal risks will allow you to make the best decision for your company.

Retaliation Claims Redefine an Employer's Approach to Discrimination Avoidance
The difficult economic times of the last several years have resulted in an increase in discrimination and retaliation claims.  Learn several approaches to help minimize the risks associated with these claims.

Genetic Information and the EEOC
Be careful of what you inadvertently learn about your employees.  You may be storing protected genetic information about your employees.  Discover what information you should be cautious of and how the EEOC may become involved.

This program will provide 3 credit hours for PHR/SPHR recertification.