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Dravis, Samantha[dravis.samantha@epa.gov] CommercialLawWebAdvisor Fri 11/3/2017 12:07:44 PM Essential Webinars for Lawyers--Available Live, to Download or on CD!
Sierra Club v. EPA, 1:17-cv-01906
ED_001523_00006139-00001
Exempt or Non-Exempt Worker Classification: What the FLSA Requires November 9, 2017 @ 1 PM (ET) The Department of Labor (DOL) continues its aggressive crackdown on employers for improper classification of workers as exempt when the employee is actually non-exempt under the Fair Labor Standards Act (FLSA). The risk to employers from getting the exempt versus non-exempt classification decision wrong is not only from the DOL, but also from possible employee litigation. Properly determining who qualifies for overtime pay and who doesn't, however, is more complicated than it appears. Please join us we show you step-by-step how to determine when an employee is exempt or non-exempt based on FLSA requirements.
Independent Contractor or Full-Time Employee Classification: DOL & IRS Requirements, FLSA Rules for Using Unpaid Interns, and the Withdrawal of the DOL Administrator's Interpretation on Misclassification November 14, 2017 @ 1 PM (ET) The Department of Labor and the Internal Revenue Service are both stepping up their enforcement efforts with random audits, and levying significant financial penalties when they find that a worker has been classified incorrectly. Even the states are getting into the act with new laws penalizing employers for misclassifying workers. There is no question that HR needs a better understanding of how to apply the many rules and criteria when determining if employees are truly independent contractors or are actually employees. Please join us as we take you step-by-step through your own independent contractor self-audit to make sure that you have everyone classified correctly and are prepared with the documentation you need should your employer be selected for an audit.
Indemnifications: Problems and Pitfalls, Advantages and Solutions November 14, 2017 @ 1 PM (ET) "Indemnity," quite simply, means a legal duty to make good on any loss, damage or liability incurred by someone else. Effectively, when you or your client assumes an indemnification obligation, the risk shifts from the other party directly onto you or your client's back. It's no exaggeration to state that they are the most common deal breakers in contract negotiations and the most hotly contested clauses when the contract goes south and winds up in litigation. Please join as we delve deep into the risk-management thicket of indemnities, other limitations on liability, and related considerations.
FLSA Compensable & Overtime Rules: FLSA Requirements November 15, 2017 @ 1 PM (ET) What qualifies as compensable time? The FLSA is clear on this, but oftentimes employers aren't. Getting it wrong can be costly in terms of potential fines and possible litigation. Please join us as we explain the compensable and overtime rules step-by-step, give examples of the problems employers face and offer practical solutions that will keep you in compliance with the FLSA overtime and compensable time requirements.
Another New I-9 Form: Step-by-Step Review to Reduce Compliance Questions, Ris
ssible Penalties
November 16, 2017 @ 1PM (ET)
The U.S. Citizenship and Immigration Services (USCIS) has been making several revisions to its I-9 form within
the last year. Employers understand that they need to ensure that their I-9 forms are in order or risk potential fines,
penalties, and possibly even jail time. The new I-9 form only adds to the current complex atmosphere surrounding
employment and immigration issues. To avoid potential problems, employers need to come up to speed quickly on
the new I-9 form and understand what changes they may need to make to their current employee verification
procedures. This webinar reviews the federal requirements that govern your employer's I-9 practices and goes
through the changes to the I-9 employee verification form and how these may affect the employee verification
procedures you already have in place.
Background Checks, References, and Pre-Employment Testing: New Legal Pitfalls for Employers November 21, 2017 @ 1 PM (ET) The failure of employers to adequately check or test the background of applicants can result in harm and liability for negligent hiring and reckless endangerment. BUT the "victims" of improper background investigations also have legal challenges. Please join us as we explain an employer's need for secure and effective hiring while avoiding improper practices. We will review the key points relating to: negligent hiring, criminal background checks, reference checks, pre-employment testing, the Fair Credit Reporting Act, the ADA, Title VII discrimination, honesty, "right fit" and personality traits testing.
The Foundation of Contract Drafting: The Devil Is in the Details November 28, 2017 @ 1 PM (ET)
Sierra Club v. EPA, 1:17-cv-01906
ED_001523_00006139-00002
Experienced attorneys know that a well-drafted contract can serve to define the parties' relationship in an agreement in order to avoid conflicts down the road and as the vehicle for conflict resolution when things go south. Ambiguities, omissions and inconsistencies can doom the relationship and complicate any subsequent conflicts. Please join us as we discuss the core principles that should appear in any well-drafted contract to help ensure that the parties' relationship on paper is well-defined and includes the proper safeguards to protect your client's interests.
Raising Capital, Finding Investors, Crowdfunding, and Crowdsourcing: Issues When Seeking Money to Grow the Business November 29, 2017 @ 1 PM (ET) Often, businesses face the need to raise capital or find investors to facilitate business growth. It isn't as simple as just taking money from a willing investor, however. Adding investors to your business can raise all sorts of challenges, from its impact on the existing ownership structure of the business to complying with securities laws and reporting obligations. This webinar offers insights into the various ways to raise capital, as well as the legal issues that every counsel should understand to help the company choose the best course of action.
Employee Handbook Update: Important Revisions to Ensure Legal Compliance and Avoid Liability November 29, 2017 @ 1 PM (ET) All employers should have well-drafted employee handbooks to communicate policies and procedures that apply to the workplace. Too often, however, those handbooks are not reviewed or updated regularly despite rapid changes to the legal landscape when it comes to employment and labor issues. This webinar will help you better understand important protections that your employee handbook needs to contain to best protect you, and what recent legal issues require revisions.
DECEMBER WEB/NARS NOW AVAILABLE!
Beyond the Basics of Contract Drafting: Exploring the More Complex Details
December 5, 2017 @ 1 PM (ET)
While there are many common terms and themes that appear in contracts, each agreement has its own distinctive characteristics specific to the company and the particulars of the deal. Those unique issues often require nuanced contract drafting to ensure they are accurately captured in the agreement. Please join us as we discuss some of the more complex issues drafters face when crafting a contract, helping you avoid potential ambiguities that could derail a deal or lead to costly dispute resolution.
How to Read an Insurance Policy: Understanding '^oiir Coverage Before a > < ' Occurs
December 5, 2017 @ 1 PM (ET)
You make great investments in training, support and developing an employee and then that person leaves and uses all of that special knowledge to take your customers and business secrets to a competitor. How can you protect your company's interests before that scenario takes place? Can you use a Non-Compete/Non-Solicitation Agreement to limit the damage? Yes, if you know how to draft one that is enforceable. Please join us as we examine the key considerations for requiring that employees sign a non-compete agreement, factors that will impact whether an agreement can be enforced, and alternatives to a non-compete agreement that should be considered.
Protecting Your Intellectual Property: Proactive and Defensive Strategies for the In-House Counsel to Safeguard Assets
December 6, 2017 @ 1 PM (ET)
Every business wants to protect its intellectual property from competitors, counterfeiters, and others. However, the world of copyrights, patents, and trademarks can be confusing for those who may be unfamiliar with the intricacies
Sierra Club v. EPA, 1:17-cv-01906
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of each type of IP protection. Understanding how to leverage the correct type of intellectual property protection to safeguard your company's ideas, concepts and products is paramount for the in-house counsel to protect company assets, while a knowledge of IP is essential should the company have to defend its rights during the lifespan of the business. This webinar covers the basics of intellectual property that every in-house counsel should know so that he or she is prepared in the likely event that an IP issue arises.
How to Conduct a Workplace Investigation: Reduce Employer Risks
December 6, 2017 @ 1 PM (ET)
The normal disciplinary process requires an employer to conduct a fair and thorough investigation before disciplining an employee. How the investigation is conducted often becomes the object of legal challenge and possible personal liability for the investigator. Further, the NLRB's recent confidentiality rules represent an additional requirement which employers must now add to their list of the do's and don'ts they need to be aware of when conducting an investigation. Please join us as we take you through the steps for conducting a thorough and lawful workplace investigation that helps you to decide if a disciplinary action is even warranted.
The Attorney-Client Privilege: Beyond the Basics
December 12, 2017 @ 1 PM (ET)
While the attorney-client privilege is one of the most recognizable legal doctrines in the United States, its scope, applicability and limitations often go unappreciated. Likewise, there are a number of myths related to the privilege on which many attorneys misguidedly rely every day. What communications actually are privileged? Who is the "client" when a business entity is involved? What special considerations are there if the attorney is in-house counsel? When will a third-party's presence destroy or not destroy the privilege? What happens to the privilege if a company is sold? Join us for a fast-paced discussion of the attorney-client privilege that will go well beyond the basics.
Contract Supplements: Attachments, Exhibits, Cross References and Incorporations
December 12, 2017 @ 1PM (ET)
Please join us as we thoroughly discuss the various types of supplemental documents that add clarity to your contract, when and how to incorporate them to support your agreement, and what happens in situations that call for a supplemental document relevant to the deal that is not included. We will also cover implied incorporation, including federal, state and local laws and regulations; third party beneficiaries; and common law considerations.
Corporate Governance and Interacting with the Board: The Financial Officer's Role in Decision-Making
December 13, 2017 @ 1 PM (ET)
Executives and the board of directors frequently look to the financial officer for advice to keep them (and the business) out of trouble. As such, the financial officer role has become more and more entrenched in the corporate decision-making process. Financial officers need to understand how to work with the board effectively, balancing their legal and business obligations to the company. Please join us as we examine the important relationship between the corporate board and the financial officer and provide strategies to ensure a successful partnership.
Psychiatric Disabilities: How to Accommodate & Reduce Employer Risk and Liability
December 13, 2017 @ 1 PM (ET)
Sierra Club v. EPA, 1:17-cv-01906
ED_001523_00006139-00004
Do you know: what qualifies as a psychiatric disability ... how an employee's psychiatric disability is determined ... what types of accommodation an employer is required to make ... which regulations, in addition to Americans with Disabilities Act, determine the employer's response? Let us take you step-by-step through what you should consider -- from certifying an employee as having a psychiatric disability and required employer accommodations, all the way to the additional regulations which an employer should be concerned with as well.
When the Contract Compass Points South: Dispute Resolution, Renegotiation, and Contract Interpretation
December 19, 2017 @ 1 PM (ET)
Despite our best efforts and intentions, contracts sometimes result in disputes rather than commercial success stories. From interpretation of the terms of the deal to disagreements over whether one party adequately performed, the parties will need to find a way to resolve their dispute. Please join us as we examine the various methods of resolving contract-related disputes, the benefits and drawbacks of different strategies, and what role contract interpretation plays in the decision-making process.
Hiring Employees in Canada or Mexico? Employment and Labor Law Issues You Need to Know
December 20, 2017 @ 1 PM (ET)
Despite their geographic proximity to the United States, Canada and Mexico have employment and labor laws that differ materially from those of the United States, with many more laws that protect the employment, compensation, separation and data privacy rights of employees. Please join us as we focus on many of the employment and labor laws of Canada and Mexico that U.S. and other multi-national employers interested in hiring employees in Canada and/or Mexico, or placing employees in either country, should understand in order to best comply with the laws and leverage their business opportunities.
See a full list of upcoming webinars.
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Sierra Club v. EPA, 1:17-cv-01906
ED_001523_00006139-00005