2
Offer code: P244 The White House is making employment law enforcement a top priority, hiring hundreds of new investigators and ramping up workplace audits. At the same time, improperly trained managers continue to make devastating mistakes. Here are headlines from one day in November 2009: Idaho home builder to pay $242,302 in overtime settlement Mine operator settles age discrimination claim for $8.75 million California county hands $545,000 to three deputies to make retaliation claims go away Louisiana bakery pays $27,000 when supervisor wrongfully terminates employee on FMLA leave Stay off this list when you train your team using the all-new 12-DVD program, First Line of Defense: Employment Law Training System for Supervisors. From the producer of the award-winning Danger Zones for Supervisors. Try it risk-free for 30 days! TALENTED AND EXPERIENCED INSTRUCTORS LEAD SESSIONS IN FIRST LINE OF DEFENSE TRY IT RISK-FREE FOR 30 DAYS. VIEW SAMPLE CLIPS ONLINE AT WWW.HRHERO.COM/FLD Attorney Stacie Caraway with Miller & Martin concentrates her practice in labor and employment law. She advises national franchises on employment and labor law issues and develops, reviews, and updates human resource policies, supporting contracts and materials. She also represents these companies in all legal proceedings including labor arbitration and EEOC and state human rights commission investigations. Attorney Candace Kollas is President of Workable Options, a consulting firm that assists organizations in developing communications and ensuring compliance in business practices. Her clients include AOL/Time Warner, Mercedes Benz USA, the Virginia Department of Transportation, and others. She assisted Coca- Cola Enterprises in developing its Integrated Conflict Management System and is currently the Master Trainer for the nationwide implementation of that system. Attorney Mike Maslanka with Ford & Harrison has more than 20 years of experience in litigation and trial of employment law cases, including defending several multi-party cases under the Age Discrimination in Employment Act, the Fair Labor Standards Act and the Civil Rights Act of 1991. He has served as Adjunct Counsel to a Fortune 10 company where he provided multi-state counseling on employment matters. Mike has also served as a Field Attorney for the National Labor Relations Board. Attorney Charlie Plumb with McAfee & Taft has represented employers in collective bargaining issues, grievance arbitration, and representation before federal and state administrative law agencies. His extensive litigation experience includes trials in state and federal courts involving claims of discrimination, retaliatory discharge, breach of contract, and constitutional law violations. Attorney Kara Shea with Miller & Martin provides practical advice on employment issues and compliance to employers of all sizes, ranging from Fortune 500 companies to small businesses, and represents them before administrative agencies such as the EEOC and in litigation, including discrimination, retaliatory discharge, whistleblower, and wage and hour cases. Ms. Shea regularly provides supervisory training on topics including FMLA and FLSA compliance, conducting workplace investigations, and implementing employee discipline. Attorney Mark Schickman is a partner with Freeland Cooper & Foreman, where he has litigated every kind of employment matter over the past 30 years. Mark has defended leading corporations against claims of age discrimination, sexual harassment, and discrimination under FMLA. He is the host of Stop Sexual Harassment, a leading prevention training video program for supervisors. Yes! I want to train our supervisors quickly, thoroughly, and effectively to make the right decision when confronted with any situation. Please rush us First Line of Defense: Employment Law Training System for Supervisors for a risk-free 30-day preview. We get 12 training sessions on DVD, the Trainer’s Guide, and a CD-ROM loaded with valuable documents, all for just $1297, a full $200 off the regular price. If we decide to keep it, we’ll honor your invoice. If not, we will return it and owe nothing. Check for $1297 plus $14.95 shipping payable to M. Lee Smith Publishers enclosed.* Bill us. Card #: Exp. date: Signature: Name(s): Title: Organization: Address: City: ST: Zip: Phone: Fax: E-mail: 13558 Five Easy Ways To Order Mail: Return registration form to M. Lee Smith Publishers LLC 5201 Virginia Way P.O. Box 5094 Brentwood, TN 37024-5094 Phone: Toll-free 800-274-6774 Fax: 800-785-9212 E-mail: [email protected] Web: www.HRhero.com/FLD FIRST LINE OF DEFENSE: EMPLOYMENT LAW TRAINING SYSTEM FOR SUPERVISORS RISK-FREE PREVIEW CERTIFICATE. ALSO AVAILABLE ONLINE. CALL 800-274-6774 FOR DETAILS. *Residents of FL, ID, KS, MI and TN please add sales tax Satisfaction Guaranteed If you’re dissatisfied, for any reason, simply return First Line of Defense: Employment Law Training System for Supervisors within 30 days for a complete refund. You take no risk. Dan Oswald President & Publisher Danger Zones for Supervisors purchasers: Call 800-274-6774 for even bigger discounts! Don’t wait for a legal attack to learn your managers aren’t sufficiently trained. Protect them. Protect your organization. Hiring Privacy Sexual Harassment Wage & Hour Law Workplace Violence FMLA Other Harassment Performance Evaluations Discipline Discrimination Documentation Firing Also available online VIEW SAMPLE CLIPS NOW AT WWW.HRHERO.COM/FLD 13558_P205.indd 1 12/3/09 9:34:49 AM

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Offer code: P244

The White House is making employment law enforcement a top priority, hiring hundreds of new investigators and ramping up workplace audits. At the same time, improperly trained managers continue to make devastating mistakes. Here are headlines from one day in November 2009:

Idaho home builder to pay $242,302 in � overtime settlement

Mine operator settles � age discrimination claim for $8.75 million

California county hands $545,000 to three deputies to make �retaliation claims go away

Louisiana bakery pays $27,000 when supervisor � wrongfully terminates employee on FMLA leave

Stay off this list when you train your team using the all-new 12-DVD program, First Line of Defense: Employment Law Training System for Supervisors.

From the producer of the award-winning Danger Zones for Supervisors. Try it risk-free for 30 days!

TALenTeD AnD experIenCeD InSTruCTorS LeAD SeSSIonS In FirST LiNE oF DEFENSE

Try iT risk-free for 30 days. view sample clips online aT www.HrHero.com/fld

Attorney Stacie Caraway with Miller & Martin concentrates her practice in labor and employment law. She advises national franchises on employment and labor law issues and develops, reviews, and updates human resource policies, supporting contracts and materials. She also represents these

companies in all legal proceedings including labor arbitration and eeoC and state human rights commission investigations.

Attorney Candace Kollas is president of Workable options, a consulting firm that assists organizations in developing communications and ensuring compliance in business practices. Her clients include AoL/Time Warner, Mercedes Benz uSA, the Virginia Department of Transportation, and others. She assisted Coca-

Cola enterprises in developing its Integrated Conflict Management System and is currently the Master Trainer for the nationwide implementation of that system.

Attorney Mike Maslanka with Ford & Harrison has more than 20 years of experience in litigation and trial of employment law cases, including defending several multi-party cases under the Age Discrimination in employment Act, the Fair Labor Standards Act and the Civil rights Act of 1991. He has served as Adjunct

Counsel to a Fortune 10 company where he provided multi-state counseling on employment matters. Mike has also served as a Field Attorney for the national Labor relations Board.

Attorney Charlie Plumb with McAfee & Taft has represented employers in collective bargaining issues, grievance arbitration, and representation before federal and state administrative law agencies. His extensive litigation experience includes trials in state and federal courts involving claims of discrimination,

retaliatory discharge, breach of contract, and constitutional law violations.

Attorney Kara Shea with Miller & Martin provides practical advice on employment issues and compliance to employers of all sizes, ranging from Fortune 500 companies to small businesses, and represents them before administrative agencies such as the eeoC and in litigation, including discrimination,

retaliatory discharge, whistleblower, and wage and hour cases. Ms. Shea regularly provides supervisory training on topics including FMLA and FLSA compliance, conducting workplace investigations, and implementing employee discipline.

Attorney Mark Schickman is a partner with Freeland Cooper & Foreman, where he has litigated every kind of employment matter over the past 30 years. Mark has defended leading corporations against claims of age discrimination, sexual harassment, and discrimination under FMLA. He is the host of Stop

Sexual Harassment, a leading prevention training video program for supervisors.

❏ Yes! I want to train our supervisors quickly, thoroughly, and effectively to make the right decision when confronted with any situation. Please rush us First Line of Defense: Employment Law Training System for Supervisors for a risk-free 30-day preview. We get 12 training sessions on DVD, the Trainer’s Guide, and a CD-ROM loaded with valuable documents, all for just $1297, a full $200 off the regular price. If we decide to keep it, we’ll honor your invoice. If not, we will return it and owe nothing.

❏ Check for $1297 plus $14.95 shipping payable to M. Lee Smith Publishers enclosed.*

❏ Bill us. ❏ ❏ ❏

Card #: Exp. date: Signature:

Name(s):

Title: Organization:

Address:

City: ST: Zip:

Phone: Fax: E-mail:

1355

8

Five Easy Ways To OrderMail: Return registration form toM. Lee SmithPublishers LLC5201 Virginia Way P.O. Box 5094 Brentwood, TN 37024-5094

Phone: Toll-free 800-274-6774

Fax: 800-785-9212

E-mail: [email protected]

Web: www.HRhero.com/FLD

First Line oF DeFense: empLoyment Law training system For supervisors risk-Free preview CertiFiCate.

Also AvAilAble online. CAll 800-274-6774 for detAils.

*Residents of FL, ID, KS, MI and TN please add sales tax

Satisfaction GuaranteedIf you’re dissatisfied, for any reason, simply return First Line of Defense: Employment Law Training System for Supervisors within 30 days for a complete refund. You take no risk.

Dan OswaldPresident & Publisher

Danger Zones for Supervisors purchasers:Call 800-274-6774 for even bigger discounts!

Don’t wait for a legal attack to learn your managers aren’t sufficiently trained. Protect them. Protect your organization.

HiringPrivacy

Sexual Harassment

Wage & Hour Law

Workplace Violence

FMLAOther HarassmentPerformance EvaluationsDisciplineDiscriminationDocumentationFiring

Also available online

view sample clips now aT www.HrHero.com/fld

13558_P205.indd 1 12/3/09 9:34:49 AM

HiriNg Train your team on how to hire the best applicants without creating legal headaches.

preparing for the interview �Questions supervisors can’t ask �Linking questions to the job �requirementsprotected classes and how to avoid �violationsWhat to do when an applicant reveals �protected-class statusDocumentation rules �How to use applicant information �uncovered on the Internet

PrivACyCould your managers cross the line when trying to learn more about employee conduct?

Defining company property �e-mail, IM, and smartphones �Dangers of jumping to conclusions �employee blogs and confidential �informationCell phones and other employee �personal propertyHow to assess impact of off-duty �conductusing progressive discipline �Different privacy rights for public and �private employeesInternet, phone, e-mail, workplace �searches, drug and alcohol use, and code of conduct issues

SExuAL HArASSMENT

Supervisors have a duty to prevent harassment.

Defining quid pro quo and hostile work �environment harassmentWhat is “pervasive action”? �existence of a past relationship doesn’t �mean she loses her right to personal privacyWhy it’s best to be a hands-off �managerThe problem of intention vs. perception �Dangers with supervisor-subordinate �relationshipsDuty to stop harassment �equal opportunity harasser defense �personal liability for supervisor in �harassment casesSupervisors held to a higher standard �of conductresponding to hazing �retaliation concerns �oral vs. written warnings �Communicating intolerance for �harassment and retaliation

WAgE & Hour LAWAvoid devastating class-action overtime, off-the-clock, and other pay practice lawsuits.

Why are certain employees exempt? �exemptions for white collar, �administrative professional, and sales positionsBurden of proof �Job duties and exemption status �responding to employee request �to change statusSupervising exempt and non-exempt �Docking salary �recordkeeping obligations �enforcing attendance policy for exempt �employeeBreak requirements �Class action lawsuits �enforcement agencies �Willful violation of the law �When exempt employee’s job duties �include nonexempt activitiesWorking overtime without permission �When you have to pay employee �for non-work activitiesSupervisor can cost employer an �employee’s exempt statusWorking off the clock �

WorKPLACE vioLENCE

Here’s what managers need to know about their duty to help maintain a safe work environment.

proper response to employee �revelationsWhen to inform Hr �Managing an employee protected by a �restraining orderAlerting the police about threat level �Investigating employee violence �Zero-tolerance violence policy �Weapons in the workplace �recognizing warning signs �Looking beyond the bottom line �no customer or client is untouchable �

FMLAevery supervisor should understand FMLA regulations and incorporate them into management practices.

What FMLA requires and who is �affectedWhat is intermittent leave? �Interconnection with the ADA �employee coverage qualifications �extra FMLA leave for military �member careunderstanding “qualifying exigencies” �Avoiding retaliation claims �reassigning job duties �Loss of status and prestige �Making a reasonable accommodation �Interactive dialogue �

What to say and what not to say when �FMLA leave is requestedWhen to involve Hr �understanding essential job functions �Creating an undue hardship �Handling unfairness complaints �Medical condition confidentiality �Why juries are so sympathetic to FMLA �and ADA claims

oTHEr HArASSMENT

educate your managers on non-sexual harassment that’s just as illegal, disruptive, and damaging to any organization.

How to determine if behavior or words �constitute harassmentWhen to alert Hr to harassing behavior �How to investigate a claim �Communicating with the �harassment victimrisks of allowing proselytizing �What you can restrict when it comes to �expressing political viewsAvoiding retaliation claims when an �employee complains

PErForMANCE EvALuATioNS

Most supervisors hate giving employee evaluations, probably because they’ve never been trained on how to do them. Here’s your opportunity to correct that.

employee raises and reviews �How to review employees you don’t like �Maintaining objectivity and consistency �Making evaluations heavy on specifics, �light on generalitiesKeeping an employee file �Communicating performance problems �Mixing the positive and negative �explaining business impact of �employee behaviorKeeping performance evaluations �separate from employee’s statusAvoiding speculation, sticking to what �you know

DiSCiPLiNEMake sure your teamknows how to fix behavioral problems without creating more problems.

Importance of discipline �Know your company policy �Defining progressive discipline �Choosing the right time and place �to disciplineKeeping emotions in check �Confidentiality rules �When to involve witnesses in �disciplinary meetings

Investigation rules �Issuing a proportionate response �Treating male and female employees �the sameFocus on productivity and impact �on coworkersobjectivity in written warnings �FMLA implications �

DiSCriMiNATioNTeach your supervisors to make decisions based on legally justifiable factors.

“overqualified” and age discrimination �Same-race discrimination �Intention to become pregnant �Accent and national origin �discriminationApplicant age concerns �Disabled applicant accommodation �religious discrimination �Judging applicants on merits �

DoCuMENTATioN The decision to “write up” a subordinate should be made carefully, and the execution should be even more so.

When to document a violation �What should be in an employee file �Choosing between a verbal and a �written warningMaintaining at-will status �Signs that an employee will sue �Creating consistent, objective, �and defensible write-upsCommunicating a path to employee �improvementGetting employees to acknowledge �documentation

FiriNgInvoluntary separation is the #1 cause for employment law conflict. Make sure your supervisors have all the pieces in place to ward off a lawsuit.

Laying the groundwork �Importance of face-to-face firing �Always give a valid reason �Getting input on the decision to fire �Avoiding the appearance of retaliation �preparing for employee rebuttal �3rd party witnesses �Avoiding mixed messages �Dangers of flip-flopping in the face of �employee emotional responseovercoming fear of being sued for �retaliation or discriminationApplying the “fundamental fairness” �doctrine

4 more reasons to make first line of defense the cornerstone of your supervisor training program:

A fraction of the cost of high-priced �trainers or out-of-town seminars

Works both as a skill set and �attitude refresher and as a crash course to correct legally unsafe practices

With 12 training modules, it covers �the complete employment law spectrum

Fast-paced and engaging, it �never drags trainees kicking and screaming!

also available online. call 800-274-6774for details.

Also Available online!First Line of Defense is also available online for training individual supervisors.

interactive. Quizzes, video clips, and real-world scenarios keep your employees and supervisors engaged throughout each course.

Flexible. online sessions are compatible with multiple learning styles for enhanced results across the entire spectrum of your workforce.

on-demand. Because First Line of Defense online courses are available 24/7, you can conduct training on a schedule that meets your organization’s staffing needs. perfect for multiple shifts and locations.

Try risk-FreeTo preview a First Line of Defense online course for yourself, risk-free and with no obligation, visit www.TrainingToday.com. or call 800-274-6774.

To help supervisors succeed, and to help shield your organization from legal entanglements, train them using the all-new First Line of Defense: Employment Law Training System for Supervisors. This video-based program contains everything you need to train on 12 legal “hotspots” before a problem arises.

each half-hour DVD in the system combines professionally acted vignettes with lively commentary from a team of employment law attorneys. The real-world scenarios and discussion bring key concepts to life and make a lasting impression on your supervisors. They’ll emerge from First Line of Defense training invigorated, confident, and armed with the information they need to make the right decision in any situation.

Your complete training system includes:

12 DVD presentations on a specific �employment law topicComprehensive Trainer’s Guide �to lead you step-by-step through each sessionCD-roM containing certificate �of completion template, acknowledgment of training, attendance list, training session evaluation, and more.

Your managers are your first line of defense against employment lawsuits. But are they ready?

Try iT risk-free for 30 days.

view sample clips online aT www.HrHero.com/fld

13558_P205.indd 2 12/3/09 9:34:56 AM