Employment Law for Accountants Self-Study Webinar

To provide the financial professional who has management responsibility for employees with an overview of the legal issues that impact the entire employment process. Participants will learn practical strategies for creating a climate of good intentions and integrating the necessary legal/management skills that prevent costly employee lawsuits. This course will aid the manager in creating an environment where employees can thrive.

• Identify the entities which promulgate antidiscrimination laws

• Identify the primary characteristics deemed unrelated to employment, i.e., that have no legal basis in employment decisions

• Identify the common characteristics of illegal employer activity amongst the jurisdictions

• Recognize the role of the federal law versus state and local law in regulating employment

• Recognize basic employment practices necessary to avoid discrimination when hiring employees

• Recognize problematic questions on an employment application

• Recognize the trend in state law prohibiting credit reports on job applicants

• Recognize the potential repercussions of promises made during an employment interview

• Identify the potential repercussions of promises made within an offer of employment

• Identify the options available to employees regarding at will employment

• Identify those items which should not be kept in an employee’s personnel file

• Identify the degree to which employee files should be available to the employee and others

• Recognize the role of the employee handbook

• Identify recommended items for placement in the employee handbook

• Identify the role of the employee performance review

• Identify the primary characteristics of the performance review

• Identify the positive and negative aspects of the performance review

• Identify the recommended frequency of performance reviews

• Identify the advantages of progressive discipline

• Recognize the characteristics of the Fair Labor Standards Act

• Recognize those employees who would be exempt from the application of the Fair Labor Standards Act

• Recognize the characteristics of an exempt “white-collar” worker

• Recognize the characteristics of an exempt “outside sales” worker

• Recognize the characteristics of an exempt “learned” worker

• Identify the characteristics of an independent contractor

• Identity the minimum number of employees necessary for a business to be subject to the Family and Medical Leave Act (FMLA)

• Identify those employees subject to the Family and Medical Leave Act

• Identify the categories for leave included within the FMLA

• Recognize the general parameters of the FMLA rules for determining a serious health condition

• Recognize family members as defined in the FMLA

• Recognize the employer’s obligations to the employee when the employee returns from leave under the FMLA

• Identify the primary characteristics of the Occupational Safety & Health Act (OSHA) of 1970

• Identify the records required to be kept under OSHA

• Identify the frequency of OSHA workplace inspections

• Identify the primary characteristics of the worker’s compensation program

• Recognize the minimum number of employees that will subject an employer to Title VII of the Civil Rights Act of 1964

• Review existing employment regulations
  – Title VII of Civil Rights Act of 1964
  – Age Discrimination in Employment Act of 1967 (ADEA)
  – Americans with Disabilities Act (ADA)
• Pre-employment testing and questions not to ask
• Distinguish among various wrongful discharges, including:
  – Lack of effective disclaimer
  – Individual oral promise and company-wide oral policy
  – Public policy, public rights and personal rights
• How to create job descriptions that work
• Conscientious Employee Protection Act (whistleblowing)
• Types of sexual harassment claims: Quid pro quo, hostile environment and “Reasonable Woman” standard
• Disciplinary action for insubordination, absenteeism/tardiness and safety violations
• Monitoring phone conversations and voice mail
• Policies for Internet and email usage
• Drug testing in the workplace