Avoid common HR mistakes and develop effective policies and procedures that efficiently communicate expectations.
This course offers practical advice and tools for the tool kit on establishing best practices from day one of the employment lifecycle and throughout the subsequent employer/employee relationship. The employment lifecycle begins with hiring, onboarding, and classifying employees as exempt vs. nonexempt, and when some are required to execute noncompete agreements. It continues through all aspects of the employer/employee relationship up to voluntary or involuntary separation. Actions and events that could ultimately lead to expensive litigation may rear their ugly head throughout the employment relationship. The best way to mitigate the risk of costly employment-related law-suits and other unwanted developments is to take a proactive, forward-thinking stance and develop effective policies, procedures, and practices that efficiently communicate expectations. The next step would be to document when performance and behavior fall short of those expectations. Ineffective employment standards could lead to unnecessary employee relations headaches, costly human resources turnover, and workplace violence.
Learning Objectives
- You will be able to define key differences between behavioral-based vs. traditional interviewing techniques.
- You will be able to describe why communicating expectations in advance will help ensure successful employee relations.
- You will be able to discuss why timely and effective performance management systems are crucial.
- You will be able to identify how to prevent violence from erupting in the workplace.
Agenda
Employee Classification Errors
- Overview of the Fair Labor Standards Act (FLSA)
- Nonexempt vs. Exempt Status Employees
- Remedies Available to Successful Plaintiff Regarding Misclassification
- Case Study: Misclassification Litigation
Noncompete Agreements
- Overview of Contract Formation and Noncompete Agreements
- How Courts Have Defined Overreaching Covenants in Noncompetes
- Traps to Avoid When Preparing Noncompete Agreements
- Case Study: Noncompete Litigation
To Document or Not to Document, That Is the Question
- The Key Purposes Employee Documentation Serves
- What, When and How to Document Effectively
- Language to Avoid in Employee Documentation
- Case Study: Effective Employee Documentation in Litigation
Effective Employee Handbook Policies and Practices
- Purposes Employee Handbooks Serve
- How Often Should Handbooks Be Updated - and Why?
- Key Policies and Items to Include in an Employee Handbook
- Enforceability of Arbitration Agreements in Employee Handbooks
Speakers
Kathleen M. Bonczyk, MBA, Esq.,
Workplace Violence Prevention Institute- Attorney with a practice concentrated on the fields of labor and employment and insurance
- Founded The Workplace Violence Prevention Institute an interdisciplinary think tank comprised of professionals from various fields Including law enforcement, safety, risk management, business, law, human resources, medical and other fields as well as victims of workplace violence
- Published author who has delivered content including for the Florida Bar’s Labor and Employment Section’s Newsletter, The Checkoff, BLR, Lorman, Claims Magazine, the National Underwriter, PLRB and the Department of Defense, The Threat Lab, Defense Personnel and Security Research Center
- Has been sought out by such media outlets as CNN and NPR
Has delivered hundreds of seminars over the years including content authorized for continuing legal education credit by the Florida Bar and SHRM
- Her first CEU article focusing on employee safety was written in 1995 and was published by Nursing Spectrum Magazine, she was the first non-clinician to ever be published in that leading periodical
- Her first article on workers compensation fraud was published in Claims Magazine and Property Casualty 360 in 2007
- Currently serves as a sub-committee chair, Florida Bar Continuing Education Committee (2020-2023)
- Prior to becoming an attorney, she was a human resources executive and consultant
- J.D. degree, Nova Southeastern University; M.B.A. degree, Florida Atlantic University
- Can be contacted at info@workplaceviolencepreventioninstitute.org and/or through the WVPI’s website www.workplaceviolencepreventioninstitute.org
Who Should Attend
This live webinar is designed for human resource managers, benefits managers, operations managers, business owners and managers, insurance professionals, safety and compliance officers, risk managers, and attorneys.
