Human Resources Management High Stakes! Session 10 Wednesday, October 30 10:00 AM – 11:30 AM Your Pit Boss for this session is Beth A. Deragon Beth A. Deragon, Esq. Gallagher, Callahan & Gartrell, PC Dennis F. DiTinno CEO, Liberte Management Group Kenneth L. McKelvey CEO, Defender Resorts, Inc.

Human Resources Management High Stakes! Best Employment Practices for Preventative Care & an Affirmative Defense Make the Odds in Your Favor! Federal Employment Laws & State (Wrongful Termination) –Title VII: 15+ employees –ADA: 15+ employees –FMLA: 50+ full-time employees w/in 75 mile radius –FLSA: all employers –EPA: all employers –ADEA: 20+ employees –NLRA: applies to all employers Handbooks and Policies/Training

Human Resources Management High Stakes! Employment Practices – Hiring Do’s & Don’ts Don’t Learn the Hard Way! Beth and Dennis Interviews: What NOT to Do:

Human Resources Management High Stakes! Employment Practices – Hiring Do’s & Don’ts Don’t Learn the Hard Way! Beth and Dennis Job Applications – What can you ask about? –Background checks Interview Questions –Social media issues Offer Letter –At-will or contract employee? –Job descriptions –Form I-9

Human Resources Management High Stakes! Employees vs. Independent Contractors/Misclassification Playing with House Money! Beth and Ken Know the Federal Independent Contractor Test –IRS Know your State Independent Contractor Test(s) –Department of Labor –Department of Employment Security What Impact Does Misclassification Have? –Fines/Worker’s Comp/Referral to other agency

Faking Overtime

Human Resources Management High Stakes! Employees vs. Independent Contractors/Misclassification (Cont.) Playing with House Money! Beth and Ken Fair Labor Standards Act (FLSA) –Everyone an hourly employee unless Exempt Categories –Professional –Outside Sales –Executive –Administrative –Computer –Highly Compensated Penalties –Fixing mistakes – proceed with caution

Human Resources Management High Stakes! Issues During Employment Playing with House Money! Beth and Dennis

Human Resources Management High Stakes! Issues During Employment Playing with House Money! Beth and Dennis

Human Resources Management High Stakes! Issues During Employment Playing with House Money! Beth and Dennis Investigate Complaints –Who? Employee Leave Issues –FMLA, ADA, Worker’s Compensation Overlap Performance Appraisals Discipline Termination –The Importance of an Articulated Reason

Human Resources Management High Stakes! A song to sum it up:

Human Resources Management High Stakes! Questions?