Employment law issues affect virtually every business, governmental entity, and not-for-profit organizations. This update examines employer liability for discrimination of all types, including disability discrimination and violations of the Americans with Disabilities Act (ADA); wage and hour laws; the Family Medical Leave Act (FMLA); Health Insurance Portability and Accountability Act (HIPAA) and expensive lessons learned for simple Consolidated Omnibus Budget Reconciliation Act (COBRA) violations. Also discussed are noncompete covenants and pitfalls for employers approached by employees of competitors; and how nondisclosure and nonsolicitation agreements can provide many of the protections - without some of the downsides - of noncompetes. Cases illustrating common ways employers violate the various employment laws are highlighted. This course also includes a 50-state survey of noncompete agreements which addresses the various state's position on enforceability, restrictions and scope, standards, consideration, and judicial revisions of noncompetes.
Experience in, and knowledge of, employment law issues encountered by businesses and non-profits
Distinguish the many forms of discrimination which lead to small and large damage awards against employers Evaluate trends in discrimination claims, including trending topics that expose organizations to claims under the ADA Assess employer liability issues related to FMLA, HIPAA, and COBRA compliance Identify the most common violations of wage and hour laws Analyze factors that result in noncompetes being unenforceable, and alternative means of protecting proprietary employer information
Discrimination of all types, and "hot topics" in EEOC enforcement cases involving discrimination Employee and non-employee ADA claims and trends FMLA, HIPAA, and COBRA eligibility standards and violations, including permissible health inquiries Effective employer responses to overtime claims, classification issues and rest breaks Common provisions that can result in a noncompete being unenforceable
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