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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. ❏ Yes! I want to train our supervisors quickly, thoroughly, and effectively to make the right decision when confronted with any situation. Please rush 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 honor your invoice. If not, we will return it and owe nothing. ❏ Check for $1297 plus $14.95 shipping payable to M. Lee Smith Publishers enclosed.* ❏ Bill us. ❏ ❏ Exp. date: Hiring Protect them. Protect your organization. Danger Zones for Supervisors purchasers: Call 800-274-6774 for even bigger discounts! ❏ Card #: Don’t wait for a legal attack to learn your managers aren’t sufficiently trained. Privacy Signature: Name(s): Title: Organization: Sexual Harassment Wage & Hour Law Address: ST: Phone: Fax: Zip: E-mail: *Residents of FL, ID, KS, MI and TN please add sales tax Offer code: P244 13558 City: Workplace Violence Also available online. Call 800-274-6774 for details. Five Easy Ways To Order Satisfaction Guaranteed Mail: Return registration form to M. Lee Smith Publishers LLC 5201 Virginia Way 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: custserv@mleesmith.com 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: Idaho home builder to pay $242,302 in overtime settlement Mine operator settles age discrimination claim for $8.75 million California county hands $545,000 to three deputies to make retaliation claims go away Louisiana 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: 12 DVD presentations on a specific employment law topic Comprehensive Trainer’s Guide to lead you step-by-step through each session 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 Preparing for the interview Questions supervisors can’t ask Linking questions to the job requirements Protected classes and how to avoid violations What to do when an applicant reveals protected-class status Documentation rules How to use applicant information uncovered on the Internet Privacy Could your managers cross the line when trying to learn more about employee conduct? 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. Defining quid pro quo and hostile work environment harassment What is “pervasive action”? Existence of a past relationship doesn’t mean she loses her right to personal privacy Why it’s best to be a hands-off manager The problem of intention vs. perception Dangers with supervisor-subordinate relationships Duty to stop harassment Equal opportunity harasser defense Personal liability for supervisor in harassment cases Supervisors held to a higher standard of conduct Responding to hazing Retaliation concerns Oral vs. written warnings Communicating intolerance for harassment and retaliation Avoid devastating class-action overtime, offthe-clock, and other pay practice lawsuits. Why are certain employees exempt? Exemptions for white collar, administrative professional, and sales positions Burden of proof Job duties and exemption status Responding to employee request to change status Supervising exempt and non-exempt Docking salary Recordkeeping obligations Enforcing attendance policy for exempt employee Break requirements Class action lawsuits Enforcement agencies Willful violation of the law When exempt employee’s job duties include nonexempt activities Working overtime without permission When you have to pay employee for non-work activities Supervisor can cost employer an employee’s exempt status Working off the clock Workplace Violence What to say and what not to say when FMLA leave is requested When to involve HR Understanding essential job functions Creating an undue hardship Handling unfairness complaints Medical condition confidentiality 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. How to determine if behavior or words constitute harassment When to alert HR to harassing behavior How to investigate a claim Communicating with the harassment victim Risks of allowing proselytizing What you can restrict when it comes to expressing political views 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. Proper response to employee revelations When to inform HR Managing an employee protected by a restraining order Alerting the police about threat level Investigating employee violence Zero-tolerance violence policy Weapons in the workplace Recognizing warning signs Looking beyond the bottom line No customer or client is untouchable FMLA Every supervisor should understand FMLA regulations and incorporate them into management practices. What FMLA requires and who is affected What is intermittent leave? Interconnection with the ADA Employee coverage qualifications Extra FMLA leave for military member care Understanding “qualifying exigencies” Avoiding retaliation claims Reassigning job duties Loss of status and prestige Making a reasonable accommodation 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. Importance of discipline Know your company policy Defining progressive discipline Choosing the right time and place to discipline Keeping emotions in check Confidentiality rules When to involve witnesses in disciplinary meetings Investigation rules Issuing a proportionate response Treating male and female employees the same Focus on productivity and impact on coworkers Objectivity in written warnings FMLA implications Discrimination Teach your supervisors to make decisions based on legally justifiable factors. “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. When to document a violation What should be in an employee file Choosing between a verbal and a written warning Maintaining at-will status Signs that an employee will sue Creating consistent, objective, and defensible write-ups Communicating a path to employee improvement 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. 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 Overcoming fear of being sued for retaliation or discrimination Applying the “fundamental fairness” doctrine 4 more reasons to make First Line of Defense the cornerstone of your supervisor training program: A fraction of the cost of high-priced trainers or out-of-town seminars Works both as a skill set and attitude refresher and as a crash course to correct legally unsafe practices With 12 training modules, it covers the complete employment law spectrum 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
