Date: On Demand
Run Time: 90 minutes including Q & A session
Leader: Dr. Jim Castagnera, Attorney at Law
Credits: Awarded 1.5 credit hours by HRCI and 1.5 PDCs by SHRM
Price: Download $325 (Share the download with your colleagues)
Audience: HR, benefits, finance, HR managers, CEOs, in-house counsel, managers, and supervisors, etc.
Now is the time of year when HR will typically conduct a full compliance audit and update the company’s employee handbook with the necessary legal and regulatory changes. Your employee handbook is an important tool for your company. It not only communicates the company’s policies and procedures to your employees, but when well drafted, can minimize your legal risks. 2020 saw a number of important regulatory changes, and in 2021 the continuing pandemic, reversals of Trump era Executive Orders by the Biden Administration and new Biden labor-related rules, regulations and legislative initiatives, all suggest that the pace of change will reach new heights in 2021 and beyond. Increasing state level legislation on issues like minimum wage, discrimination and leave can also be expected to continue and increase.
Several federal employment laws impact your employee handbook including Title VII, the Americans with Disabilities Act, the Fair Labor Standards Act, the Family and Medical Leave Act, etc. Similar requirements have also been enacted by many of the states, raising the potential for federal pre-emption of state laws in some instances. This raises additional questions for multi-state employers and the value of maintaining one handbook and whether there is a need for multiple state employee handbooks. Ultimately, employers with poorly drafted or incomplete handbooks can substantially increase their legal risks and expenses.
Please join Dr. Jim Castagnera, attorney at law, as he guides you through your 2021 employee handbook policies and procedures review. He’ll discuss the existing, proposed and new statutes, regs and guidelines, highlighting necessary changes to your policies and procedures occasioned by recent developments and anticipated 2021 changes. HR needs to make sure the company’s policies and procedures reflect all of the legal aspects of our rapidly changing regulatory world. This is the best way to protect your employer from liability, which could include employee lawsuits and administrative-agency inspections, audits, and sanctions.
During this informative program Dr. Castagnera will provide guidance concerning:
- The federal and state statutes and regulations to cover in your annual policies and procedures employee handbook review. These will include the traditional federal alphabet soup: ADA, FLSA, FMLA, GINA, HIPAA, NLRA, OSHA, and Title VII, as well as the new kids on the block, e.g., provisions of a fourth COVID-relief act passed by Congress
- Multi-state employer employee handbook considerations (ex: federal and state paid leave, minimum wage, drug usage, short-term disability, non-compete agreements, harassment, and discrimination training, etc.)
- Policies to include in your employee handbook (ex: At-Will Employment Disclaimer, Equal Employment Opportunity Policy, No Harassment Policy, etc.)
- Policies to avoid in your employee handbook (ex: Department Specific, Pre-Employment, etc.)
- Including the latest Fair Labor Standards Act regulations regarding teleworker time records and the new test of independent-contractor status–including GIG worker state legislation
- Anticipating the likely impact of the Biden Administration on Trump-era executive orders, NLRB decisions and rulemaking, EEOC policies, and DOL regs and how to incorporate this into your handbook?
- The major governmental guidelines issued by the Centers for Disease Control, the Department of Labor, and the Equal Employment Opportunity Commission, and their continued applicability in the new year. What should be included in your handbook?
- New disciplinary rules regarding workplace hygiene, social distancing, reporting symptoms.
- Recommended policy language and checklists, including policies and planning for a potential next pandemic.
- Legal considerations with respect to drafting your employee handbook policies.
Dr. Jim Castagnera is an employment and labor attorney with more than 36 years’ experience. He is a sought-after speaker on HR compliance and related topics, a teacher, successful author, and accomplished consultant who assists his clients in meeting their current HR compliance challenges with clear and practical solutions. He holds a JD and a PhD from Case Western Reserve University. Following ten years as an employment and labor lawyer with a major Philadelphia law firm, he served for 23 years as in-house legal counsel at Rider University. With 20 published books, mostly on HR-law topics, he teaches HR compliance in Drexel University’s Kline School of Law and is the chief consultant of Holland Media Services, with offices in Los Angeles and Philadelphia.