Human Resources ManagementHigh Stakes!

Session 10Wednesday, October 3010:00 AM – 11:30 AM

Your Pit Boss for this session is Beth A. Deragon

Beth A. Deragon, Esq.Gallagher, Callahan & Gartrell, PC

Dennis F. DiTinnoCEO, Liberte Management Group

Kenneth L. McKelveyCEO, Defender Resorts, Inc.

Human Resources ManagementHigh Stakes!

Best Employment Practices for Preventative Care & an Affirmative DefenseMake 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 ManagementHigh Stakes!

Employment Practices – Hiring Do’s & Don’tsDon’t Learn the Hard Way! Beth and Dennis

Interviews: What NOT to Do:

Human Resources ManagementHigh Stakes!

Employment Practices – Hiring Do’s & Don’tsDon’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 ManagementHigh Stakes!

Employees vs. Independent Contractors/MisclassificationPlaying 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 ManagementHigh 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 ManagementHigh Stakes!

Issues During EmploymentPlaying with House Money! Beth and Dennis

Human Resources ManagementHigh Stakes!

Issues During EmploymentPlaying with House Money! Beth and Dennis

Human Resources ManagementHigh Stakes!

Issues During EmploymentPlaying 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 ManagementHigh Stakes!

A song to sum it up:

Human Resources ManagementHigh Stakes!

Questions?