EMPLOYMENT LAW FOR THE GENERAL PRACTITIONER AND CORPORATE COUNSELOR
(Spring 2011)
Program Agenda
8:30-9:00 a.m.
REGISTRATION (outside meeting room)
9:00-9:50
I. DRAFTING EMPLOYMENT CONTRACTS
* Model Employment Agreement
* Restrictions on Future Employment
* Protecting Corporate Opportunity and Trade Secrets
* Privacy/Social Networking Issues
* Commission Sales Agreements
* Acknowledgments of Wage Rates
9:50-10:45
II. DRAFTING EMPLOYMENT MANUALS AND HOW TO PROPERLY COMMUNICATE THE POLICY TO EMPLOYEES
The Employment manual is a tool for communicating to Employees what they are entitled to and what rules they must adhere to including:
* Compensation (now covered by the recently passed "Wage Theft Statute")
* Benefits: From Time Off to Insurance and Retirement
* Rules of Conduct
* Compliance with EEO, Anti-harassment and Retaliation
* Complaint Procedures to Focus on Potential Problems before Litigation Begins
What is mandatory in an employment manual and what is unnecessary
What to avoid in an employment manual
10:45-11:00
Coffee Break
11:00-12:40 p.m.
III. OVERVIEW OF APPLICABLE LAWS
Course materials will include the source laws, rules and regulations the speakers rely upon:
* Wage Hour Laws, Federal and State
* Benefit Protection - ERISA, COBRA
* Antidiscrimination Laws- Federal and State (and in the June 14 NYC program, NYC laws)
* NYS Labor Laws
* Retaliation and Whistle Blowing
* FMLA (Family Medical Leave Act)
* Unemployment Insurance, Workers Compensation
12:40-1:55
LUNCH (On Your Own)
1:55-2:55
IV. LITIGATION OF EMPLOYMENT DISPUTES AT THE ADMINISTRATIVE LEVEL - EEOC, NYS DIVISION OF HUMAN RIGHTS AND NEW YORK CITY COMMISSION ON HUMAN RIGHTS; INCLUDING PARTY AND WITNESS PREPARATION
I just got served with a discrimination complaint from NYSDHR. Now what?
* Agency Procedures and How They Differ from Typical Litigation
Drafting Statements of Positions
Utilizing Mediation Possibilities
* Post-Agency Decision Procedures, Court Review, Subsequent Litigation
* Drafting Complaints and Answers
2:55-3:55
V. RISK AREAS: HIRING, FIRING, REDUCTIONS IN FORCE, PRIVACY RIGHTS IN HIRING, FIRING AND ADMINISTRATION (MEDICAL RECORDS), BACKGROUND CHECKS, POST-EMPLOYMENT REFERRALS, EMPLOYER ACCESS TO SOCIAL NETWORK SITES
* Who is an Employee/Independent Contractor?
* Model Severance Agreement to Avoid Litigation
3:55-4:10
Coffee/Soft Drink Break
4:10-5:00
VI. ETHICS - WHO IS YOUR CLIENT, WHAT TO DO WITH PURLOINED PAPERS, OTHER DILEMMAS
* Monitoring Employees, Protecting Confidential Materials
* Social Media Policies and Internet Usage
5:00 p.m.
ADJOURNMENT
Program Faculty
Co-Chairs, Committee on Continuing Legal Education
Labor and Employment Law Section
Ronald G. Dunn, Esq.
Gleason Dunn Walsh & O'Shea
Albany
Stephanie M. Roebuck, Esq.
Keane & Beane, P.C.
White Plains
Local Panels
Buffalo Session: Robert L. Boreanaz, Esq., Lipsitz Green Scime Cambria LLP, Buffalo (Buffalo Co-Chair and Coordinator) * Sharon P. Stiller, Esq., Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Einiger, LLP, Rochester (Buffalo Co-Chair and Coordinator) *
Albany Session: Ronald G. Dunn, Esq., Gleason Dunn Walsh & O'Shea, Albany (Albany Co-Chair and Coordinator) * Glen P. Doherty, Esq., McNamee, Lochner,
Titus & Williams, P.C., Albany (Albany Co-Chair and Coordinator) *
New York City Session: Sheryl B. Galler, Esq., Hoguet Newman Regal & Kenney, LLP, New York City (New York City Co-Chair and Coordinator) * Peter M. Panken, Esq., Epstein Becker & Green, P.C.. New York City (New York City Co-Chair and Coordinator) *
Program Locations
Wednesday May 18, 2011
Ramada Hotel & Conference Center
2402 N. Forest Road
Buffalo Amherst, NY 14226-0823
(716) 636-7500
Friday June 3, 2011 11
New York State Nurses Association
11 Cornell Road
Latham, NY 12110
(518) 782-9400
Tuesday June 14, 2011
New York Hotel Pennsylvania
401 7th Avenue
(between 33rd and 32 Streets)
New York, NY 10001
(212) 736-5000
