Course Catalog Spring 2017

Transcription

1 Course Catalog Spring 2017

2 Table of Contents About the Duane Morris Institute... 1 CLE, HRCI, SHRM Information... 5 Pricing Information and Subscription Program... 7 Upcoming Seminars... 8 Dear Helga You re Never Going to Believe What My Employee Did This Time... 9 Managing the Unexpected Intermittent FMLA Leaves and Beyond Pregnancy, ADA, and Religious Accommodations Systemic Approach to Attacking Harassment: Lessons Learned from Being on the EEOC Select Task Force Preparing for the Inevitable: Strategies for Handling EEOC Claims Special Event Webinars Cybersecurity: Cross-Functional Approach to Prevention and Remediation Diversity and Inclusion Both the Right Thing to Do and a Competitive Imperative in the Workplace Upcoming Webinars What the #%!*: Political Correctness in the Workplace Religion and Work: Balancing Legal Risks and Maximizing Inclusion Social Media: Guardrails for Executives Running the Triangle: The Three Sides of Nonprofit Executive Compensation Employment Law Employment Law Investigations of Harassment and Other Wrongdoing Strategies to Consider in Taking a Discipline Decision to Trial... 17

3 Education that empowers your leadership. The Duane Morris Institute believes in the now, keeping you ahead of problems before they arise. We inform and engage your leadership with high-quality education performed by our top legal professionals. Our online and in-person courses take the guessing game out of legalities in the workplace. PG 1 PG 2

4 Practical Focus Duane Morris Institute s instruction maintains a keen focus on the practical application of knowledge to empower leaders in the workplace. For human resources professionals, in-house counsel, benefits administrators and other senior management, DMi courses are timely, relevant and immensely valuable. DMi was created in 2009 to serve as the educational arm of the firm s Employment, Labor, Benefits and Immigration practice. By providing practical, business-relevant information, the organization has thrived as a value-added service for Duane Morris clients and industry professionals alike. While DMi is celebrating its eighth anniversary, we build upon 10 years of experience the Institute had with another law firm. History of Excellence Founded in 1904, the law firm known as Duane Morris has built a history of excellence in the industry. Today, Duane Morris has grown into one of the 100 largest law firms in the world, with offices from Atlanta to Singapore. This global presence has earned the firm and its staff of over 750 lawyers a reputation for dedicated client service and reliability. PG 3 PG 4

5 The use of this seal is not an Duane Morris LLP is recognized endorsement by HR Certification by SHRM to offer Professional Institute of the quality of the program. Development Credits (PDCs) for It means that these programs have met SHRM-CP or SHRM-SCP. HR Certification Institute s critera to be pre-approved for recertification credit. Accredited Courses Live & Online SHRM SHRM Certification SHRM-CP & SHRM-SCP Duane Morris Institute has been approved as a recertification provider by SHRM to offer Professional Development Credits (PDCs) for SHRM- CP or SHRM-SCP. SHRM s certification is aligned to business needs and meaningfully linked to performance. The Recertification Provider Program eliminates the guesswork for SHRM-CP and SHRM-SCP credential holders. The Recertification Provider status also meets certain SHRM qualifications and requirements, which ensure that sound learning principles are incorporated into program offerings. SHRM credit is available for most but not all Duane Morris Institute courses. Please see the individual course descriptions for specific credit information. HRCI Human Resources Certification Institute CLE Continuing Legal Education Duane Morris Institute is a member of the HRCI Approved Provider Program. Communication up-front that a continuing education activity will be awarded recertification credit hours eases the guesswork for PHR, SPHR and GPHR recertification candidates. The approved provider program also allows HRCI to review HR-related continuing education programs at the outset, ensuring content quality. HRCI credit is available for most but not all Duane Morris Institute courses. Please see the individual course descriptions for specific credit information. Duane Morris Institute is a pre-approved accredited CLE provider in Pennsylvania, New Jersey and New York. This designation is given to organizations that have demonstrated to the PA, NJ and NY CLE Boards that their courses have consistently met the standards of quality and service to lawyers, as outlined in the Rules and Regulations for PA CLE, NJ CLE and NY CLE.* Our programs are approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for the hours of total CLE credit as listed by individual course. CLE credit is available for most but not all Duane Morris Institute courses. In addition, our webinar programs are also approved for CA CLE. Please see the individual course descriptions for specific credit information. *Newly admitted attorneys in New York are not eligible to earn CLE credit through webinars. PG 5 PG 6

6 Pricing Dedicated to making quality education from world-class faculty accessible to a wide range of professionals, DMi offers flexible options for payment and participation in our webinars, seminars and events. Subscription Program If members of your organization attend numerous DMi programs throughout the year, pay a flat fee and receive a discounted block of registrations for seminars and webinars. Gold Level: $2,000 for 24 and $1,800 for NP Silver Level: $1,200 for 12 and $1,000 for NP Seminars $150 for 2.5 hrs (10% nonprofit discount) $200 for full-day (10% nonprofit discount) Pay Per Course Webinars $85 for 1 hr (10% nonprofit discount) $125 for 1.5 hrs (10% nonprofit discount) [ For additional discounts on bulk purchases, please contact Deborah Margulies at dlmargulies@duanemorris.com.] Upcoming Seminars Spring Semester 2017 For more information on payment options or financial assistance, please contact: Deborah Margulies dlmargulies@duanemorris.com PG 7 PG 8

7 SEMINAR Employment SEMINAR Benefits Dear Helga You re Never Going to Believe What My Employee Did This Time Credits: 2.8 NJ CLE; 2.5 NY CLE; 2.0 PA CLE; 2.25 HRCI; 2.25 SHRM Tuesday, April 11, :30 a.m. to 12:00 p.m. (Eastern) Managing the Unexpected Intermittent FMLA Leaves and Beyond Credits: 2.8 NJ CLE; 2.5 NY CLE; 2.0 PA CLE; 2.25 HRCI; 2.25 SHRM Wednesday, April 19, :30 a.m. to 12:00 p.m. (Eastern) Michael S. Cohen Linda B. Hollinshead We ve all said it: I would write a book, but who would believe these stories are true? Unfortunately, many of the tales are far too real! As the legal workplace has become far more complicated to manage, Helga s requests for assistance in navigating tough topics has increased. No matter what HR topics Helga chooses to tackle, they certainly will be ones we all confront and can find confounding! Designed for human resources professionals and corporate counsel, this fast-paced, 2-½-hour session will focus on uncommon HR issues and examine practical, business-focused solutions that you can immediately use to solve those problems. When an employee needs time away from work for an illness or injury or due to the birth of a child, the employee is concerned about two things (1) Will I still have my job? and (2) Will I get paid while I am away? Correctly answering these questions requires an employer to master the interplay of laws governing leaves of absence, such as the FMLA and ADA, and insurance programs, such as short-term disability and workers compensation benefits. This seminar highlights employer best practices for coordinating these obligations, with a particular focus on one of the most difficult FMLA administration issues, intermittent FMLA absences. Employee abuse of intermittent FMLA leave lowers coworkers morale and negatively impacts operational efficiencies. Manager frustration in response to unanticipated absences due to chronic conditions can lead to increased legal risks when managers are unaware of their obligations under the FMLA. This seminar will provide guidance to employers to manage their FMLA obligations, including how to recognize and respond to vague leave requests, determine how often a medical note may be obtained, properly designate leave in the face of conflicting medical information, implement light duty programs for work-related injuries, obtain fitness-for-duty examinations even in connection with intermittent absences and determine employee job restoration rights. PG 9 PG 10

8 SEMINAR Benefits SEMINAR Employment Pregnancy, ADA, and Religious Accommodations Employment Law 101 Credits: 2.8 NJ CLE; 2.5 NY CLE; 2.0 PA CLE; 2.25 HRCI; 2.25 SHRM Wednesday, April 19, :30 p.m. to 3:00 p.m. (Eastern) Credits: 2.8 NJ CLE; 2.5 NY CLE; 2.0 PA CLE; 2.25 HRCI; 2.25 SHRM Tuesday, June 6, :30 a.m. to 12:00 p.m. (Eastern) Linda B. Hollinshead Marc J. Scheiner It is a delicate balance: An employer is entitled to establish expectations for employee performance and to require an employee to meet those expectations. On the other hand, at times, an employee s disability, pregnancy or related medical condition or need for other accommodations may impact an employee s performance and an employer is required to provide a reasonable accommodation to enable the employee to meet the employer s expectations. Similarly, an employee s need for accommodation may also take the form of a leave of absence or time off from work, another challenge to an employee s ability to meet the requirements of an employee s position. Knowing how to manage these issues and minimize legal risk requires effective performance management and an appreciation of an employer s legal responsibility to engage in the interactive process. This seminar is designed for human resources professionals, in-house counsel and managers and will provide practical suggestions on how to maintain your organization s quality and quantity standards while considering what reasonable accommodations may exist to enable employees to meet those standards. In the ever-changing business environment, employers should be familiar with their rights, obligations and responsibilities in the workplace. This 2-½-hour seminar, designed for human resources generalists and in-house counsel, is structured to familiarize attendees with a basic understanding and a general overview of federal and state laws governing employer/employee relationships, Title VII coverage (including discrimination, harassment and retaliation), the Fair Labor Standards Act, the Family and Medical Leave Act and the Americans with Disabilities Act. At-will employment Title VII coverage, with particular emphasis on harassment prevention Wage-and-hour issues Overview of FMLA and ADA issues PG 11 PG 12

9 SEMINAR Employment SEMINAR Labor Employment Law 102 Investigations of Harassment and Other Wrongdoing Credits: 2.8 NJ CLE; 2.5 NY CLE; 2.0 PA CLE; 2.25 HRCI; 2.25 SHRM Tuesday, June 6, :30 p.m. to 3:00 p.m. (Eastern) Credits: 4.6 NJ CLE; 4.5 NY CLE; 4.0 PA CLE; 4.0 HRCI; 4.0 SHRM Wednesday, June 14, :30 a.m. to 2:00 p.m. (Eastern) Marc J. Scheiner Jonathan A. Segal Employment Law 101 taught you the basics of federal and state laws governing employer/employee relationships, but do you know how to discipline a problem employee? Do you know the basics about how to conduct an internal EEO investigation? Are you aware of important issues that arise in both the hiring and firing of employees? This 2-½-hour seminar, designed for human resources generalists and in-house counsel, follows up on Employment Law 101 by familiarizing attendees with a basic understanding and general overview needed to properly engage in the hiring process, the disciplining of employees, the training of managers, the conducting of internal investigations and the termination of employees. The Do s and Don ts of the hiring process Understanding the importance of documenting employee discipline and how to do it correctly Reducing the legal risk associated with employee terminations Learning how to provide effective trainings for managers and why this is so important The basics of conducting an internal investigation PG 13 If an employee alleges that he or she has been subject to or is aware of harassment or other legal wrongdoing, an employer ordinarily has an obligation to commence an immediate investigation. In some cases, the investigation may help the employer avoid liability altogether. At a minimum, it may minimize exposure to damages. And, of course, the corrective action where a wrong has occurred makes the workplace a better place. However, often the focus in litigation becomes the quality of the investigation, as opposed to the underlying conduct giving rise to it. In fact, often there is only one thing on which the plaintiff and defendant agree: the investigation was fatally flawed. You can t make everyone happy. You shouldn t try. It s about doing the right thing, the right way. This seminar provides a road map for investigating harassment and other claims. Particular attention will be paid to: when to investigate, who should investigate, whether the investigation should be privileged, privilege tips, questions to ask (and to be avoided), making credibility determinations, documenting your findings and taking corrective action without admitting legal liability, preventing and correcting retaliation, and maximizing confidentiality (in light of the NLRB s restrictions). Particular attention will be paid throughout the program to in the moment responses to events leading up to investigations and in the context of investigations themselves. After lunch, the program will conclude with an optional 90 minutes of role-playing based on not-sohypothetical hypotheticals. PG 14

10 SEMINAR Labor Strategies to Consider in Taking a Discipline Decision to Trial Credits: 2.8 NJ CLE; 2.5 NY CLE; 2.0 PA CLE; 2.25 HRCI; 2.25 SHRM Tuesday, June 20, :30 a.m. to 12:00 p.m. (Eastern) Thomas G. Servodidio Kathryn R. Brown Ask yourself: Could every disciplinary decision you make withstand the scrutiny of a judge, arbitrator, or jury? When it comes to disciplinary decisions, even the smallest judgment calls can have major ramifications for an organization when viewed through the lens of a judge, arbitrator or juror. In this highly interactive program, we will track a mock employee s discipline as it proceeds through the key phases of (1) discovering and investigating the misconduct, (2) making and documenting the decision, and (3) defending that decision upon direct- and cross-examination. Each phase provides key opportunities to obtain strategic advantages that will ultimately help the organization win the case. Each phase also highlights the need for collaboration among the organization s senior leadership, human resources personnel and frontline managers. Each phase is also ripe for mistakes and oversights that can cost the organization dearly from a financial and employee relations perspective. You will learn how to coordinate the roles of each player in the decision-making process so as to maximize your likelihood of success while also improving the operations of your organization. Special Event Webinars Spring Semester 2017 PG 15 PG 19 PG 16 19

11 WEBINAR Leadership There is no end in sight to the onslaught of cybersecurity attacks and other breaches. A cybersecurity attack or internal breach can create legal, reputational and even existential risks for companies. Yes, cybersecurity attacks and other breaches can and have put businesses out of business. Companies must step up their game and prepare for the unexpected, which now can be expected. Cybersecurity: Cross-Functional Approach to Prevention and Remediation Credits: 1.5 CA CLE; 1.8 FL CLE (Pending); 1.5 IL CLE (Pending); 1.5 PA CLE; 1.8 NJ CLE; 1.5 NY CLE; 1.5 Business HRCI; 1.5 SHRM Wednesday, April 5, :00 p.m. to 4:30 p.m. (Eastern) Moderator: Jonathan A. Segal- Employment, Social Media Panelists: Lisa W. Clark- Health Care, Privacy Sandra A. Jeskie- Cybersecurity, Privacy, Trial Aliza R. Karetnick- Trial, Trade Secrets Daniel R. Walworth- Trial, White Collar Crime Please contact Deborah Margulies at dlmargulies@duanemorris.com or for group rates pertaining to this program. The problem in many companies is they relegate these important issues to their IT department and assume that a firewall will address the issues. Does that mean, by negative implication, that others are not responsible? The answer is NO but the message may be yes. Similarly, the legal and practical issues to mitigate and respond to the risk are not limited to one legal area. So we have put together a multi-disciplinary program to help guide you in this deceptively-complex area. The program is geared toward lawyers, Steps companies can take to minimize cybersecurity risks. Steps companies can take to prevent inside jobs, deliberate or accidental. Intersection of trade secrets and cybersecurity. Defend Trade Secrets Act and cybertheft. Developing a rapid response/business continuity plan in the event of an attack or breach. When is there a duty to report breaches to government officials and/ or individuals affected. Special HIPAA considerations with regard to breaches of PHI. Privilege considerations in connection with an internal investigation of actual or threatened attack or internal breach. Responding to government inquiries or investigations in response to attack or internal breach. Compliance with FAR DFARS , NIST SP standards and other federal contractor technical and reporting requirements. Fiduciary obligations of boards for cybersecurity. HR considerations: background checks, investigations of intentional or accidental breaches by employees, etc. Employee education: beyond the obvious (phishing by social media). Insurance issues. PG 17 PG 18

12 WEBINAR Leadership Diversity and Inclusion Both the Right Thing to Do and a Competitive Imperative in the Workplace Credits: 1.5 CA CLE; 1.8 FL CLE (Pending) 1.5 IL CLE (Pending); 1.5 PA CLE; 1.8 NJ CLE; 1.5 NY CLE; 1.5 Business HRCI; 1.5 SHRM Tuesday, April 18, :00 p.m. to 2:30 p.m. (Eastern) Presenters: Linda B. Hollinshead Partner, Employment, Labor, Benefits, and Immigration Joseph K. West Partner, Trial and Chief Diversity and Inclusion Officer The business case for creating and sustaining a workplace culture of diversity and inclusion is compelling. A diverse workforce generates improved decision-making and problem-solving and has a positive impact on the performance of an organization. Increasingly, our clients are finding that their own customer relationships are conditioned upon being able to demonstrate the existence of effective diversity and inclusion programs. In this webinar, we will discuss the motivations for creating a diversity and inclusion program and how to translate those motivations into action that will positively impact employee relationships as well as support your organization s business objectives. This webinar will examine the following issues: Key components of a diversity and inclusion program. Approaches to developing diversity and inclusion policies and practices consistent with the law and methods to conduct an appropriate self-assessment. How to avoid developing diversity initiatives that violate the law. Ways to minimize implicit bias in recruitment, hiring and promotion practices. Methods to hold leadership accountable for implementing and advancing diversity and inclusion programs. Please contact Deborah Margulies at dlmargulies@duanemorris.com or for group rates pertaining to this program. PG 19 PG 20

13 WEBINAR Employment What the #%!*: Political Correctness in the Workplace Credits: 1.0 CA CLE; 1.0 FL CLE (Pending); 1.0 IL CLE (Pending); 1.2 NJ CLE; 1.0 NY CLE; 1.0 PA CLE; 1.0 HRCI; 1.0 SHRM Thursday, March 30, :00 p.m. to 2:00 p.m. (Eastern) Marc J. Scheiner Upcoming Webinars Spring Semester 2017 Political correctness (or the lack thereof) is a year-round and non-election-related concern, often having little to do with politics. Heated discussions of social hot-button topics, offhand comments about the news, different management and personality styles all of these come together in our increasingly diverse workplaces to create potential problems. In this session, you ll explore the meaning of political correctness and to what extent (and how) you can deal with it in your organization. What is the balance between creating an open, more-inclusive working environment and having your employees feel unable to express themselves? How can you set the proper tone for your employees? And does it even matter? You will learn: About the potential risks of politically incorrect comments and discussions in the workplace and why turning a blind eye (or ear) or being overly restrictive are not usually the best approaches. About ways that management and leaders in your organization can set the desired organizational tone in these areas. How to deal with co-worker clashes when they arise. PG PG PG 22

14 WEBINAR Benefits Running the Triangle: The Three Sides of Nonprofit Executive Compensation Credits: 1.0 CA CLE; 1.0 IL CLE (Pending); 1.2 NJ CLE; 1.0 NY CLE; 1.0 PA CLE 1.0 HRCI; 1.0 SHRM Thursday, June 8, :00 p.m. to 2:00 p.m. (Eastern) John A. Nixon This webinar will discuss the three principal components of compensation necessary to attract and retain exceptional leaders in the tax-exempt arena. Topics include: Current compensation and the reasonable compensation guidelines. Retirement compensation opportunities under broad-based qualified retirement plans. Non-qualified deferred compensation programs under Sections 409A and 457(f) of the Internal Revenue Code. How can we help? Duane Morris Institute staff are here to answer your questions about courses, credit information and pricing. PG 23 PG 24