Sterling Education Services proudly presents:

EMPLOYMENT LAW UPDATE

$10 Web Registration Discount!

LOCATION & DATE

Midland - April 9, 2008
Midland Center & Centennial Plaza
105 North Main Street
Midland, TX


AGENDA

I. Compensation Issues Under Revised FLSA Regulations

  • Overview of the quirks in the revised FLSA regulations and state
    wage and hour laws
  • Commissions
  • Permissible and impermissible deductions
  • Payments owed upon termination
  • Bonuses
  • Other common wage and hour pitfalls

II. Hot Topics: The Latest Interpretations of Current Employment Law

  • What constitutes sexual harassment
  • The treatment of arrest and conviction records
  • Potential expansion of retaliation claims
  • Employer liability for the acts of non-employees

III. Employment Issues in the Paperless Workplace

  • Legal and practical issues raised by electronic personnel records storage, electronic signatures, online personnel policies, and paperless payroll
  • Identity theft protection
  • Current best practices regarding employees’ use of company computers
  • Practical E-discovery issues for employers

IV. Negotiating Separation Agreements in Difficult Termination Situations

  • Problem employees
  • Reductions in force
  • Long-term but ineffective employees

V. Covenants Not-To-Compete

  • From Light v Central Cellular through Alex Sheshunoff Mgmt. v
    Kenneth Johnson and Strunk

  • Ancillary to otherwise enforceable agreement
  • When enforceable
  • Sufficient consideration

VI. Avoid Liability in Hiring and Terminating Foreign Nationals

  • Employer liability regarding independent contractors
  • Job applications and personnel policies that minimize risks
  • Acceptable interview questions involving citizenship and immigration status
  • Sponsoring a job applicant for a visa with minimum of contract liability
  • Procedures to minimize the risk of terminating a non-citizen employee
  • Managing the issues that can arise during downsizing or restructuring

WHO SHOULD ATTEND?
  • Human Resources Professionals
  • Business Owners & Managers
  • Labor Organizations
  • Legal Service Organizations
  • Immigrant Advocacy Organizations
  • College & University Administrators
  • Payroll Professionals
  • Attorneys
    • Employment Law
    • Immigration
    • Labor Law
    • General Practice
    • Civil Practice

PROGRAM SUMMARY

This seminar is your opportunity to learn the latest developments in employment law and what you should be doing to comply, as well as techniques you can apply in daily human resource management to protect against the possibility of costly litigation. Employment law never stands still. The shift from paper-based record keeping to electronic human resources information systems is triggering a surge of issues that never existed before. Immigration law raises questions that most employers wish they could ignore but cannot afford to, while all the traditional challenges are constantly being re-defined. Regardless of your level of expertise, you will benefit from this seminar.


SEMINAR HIGHLIGHTS

Get All The Latest Developments On:

· Hot topics in employment law
· FLSA and wage & hour laws
· The paperless workplace
· Foreign national employees
· Negotiating difficult separation agreements
· Navigating the minefield of leave laws


MEET THE FACULTY

MICHAEL JAY WILLSON, with Cotton, Bledsoe, Tighe & Dawson, PC, is a shareholder in the litigation section. Mr. Willson concentrates his practice in labor and employment law; business, commercial, and oil and gas litigation; federal and state appeals; and government entity defense. Mr. Willson assists with the defense of clients on various employment matters, and he was the lead attorney defending a large retail company in a defamation suit. He also assists the defense of institutional and state agency clients in labor and employment matters. Mr. Willson has prepared and filed several federal and state appeal briefs for individual and business clients on employment law matters, legal malpractice, environmental, and election law. Mr. Willson has been an adjunct professor at Texas Tech University School of Law and a graduate teaching assistant at Notre Dame Law School. He is a member of the Texas State Bar and admitted to practice before the U.S. Supreme Court, the U.S. Court of Appeals for the Fifth Circuit, and all federal district courts in Texas. Mr. Willson earned his B.S., summa cum laude, at Ohio State University and his J.D., cum laude, at Notre Dame Law School.

DAVID W. LAURITZEN, a shareholder in the litigation section of Cotton, Bledsoe, Tighe & Dawson, PC, has briefed and argued state appeals regarding claims for civil rights violations, personal injuries, malicious prosecution, and contractual disputes, which have helped resolve disputes over discriminatory employment practices, oil and gas contracts, federal common law restitution claims, substantive due process, probate disputes, and fiduciary duties. He devotes much of his trial practice to employment disputes and commercial matters, including contractual disputes, fraud and misrepresentation, breach of fiduciary duty, and deceptive trade practices. He is licensed to practice in Texas and New Mexico, and he is admitted to practice before the U.S. District Courts for the Western and Northern Districts of Texas, the U.S. Fifth Circuit Court of Appeals, the U.S. Federal Circuit Court of Appeals, and the U.S. Supreme Court. He is a member of the Texas Association of Defense Counsel and the Defense Research Institute. Mr. Lauritzen received his B.A., with honors, from Yale University and his J.D. from The University of Texas School of Law.

FRANKLIN H. McCALLUM, of the Franklin H. McCallum Law Firm, has a general, civil, and criminal trial practice focusing on employment law, personal injury, family law, immigration, and environmental litigation. He is admitted to practice before the U.S. Supreme Court, the U.S. Court of Appeals for the Fifth Circuit, and the U.S. District Court for the Northern and Western Districts of Texas. Mr. McCallum, who speaks Spanish, is a member of the State Bar of Texas, the Midland County Bar Association, and the American Bar Association. He received his B.A. from East Texas State University and his J.D. from Texas Tech University where he was the recipient of the Special Achievement Award.

HOLLY B. WILLIAMS, founder of Williams Law Firm, P.C., practices employment law exclusively, representing companies and individuals in the Permian Basin who need to prevent and resolve workplace conflicts, and advising and representing employers in virtually all aspects of the employment relationship from hiring to termination. Ms. Williams, a frequent speaker and author on employment law topics, is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization. She is a fellow of the Texas Bar Foundation, licensed to practice in Texas and New Mexico, and a member of the Midland County, Texas State, and American Bar Associations. Ms. Williams is a member of the National Employment Lawyers Association and the American Immigration Lawyers Association. Ms. Williams received her B.A. from Rice University, her M.P.Aff. from the LBJ School of Public Affairs, and her J.D. from the University of Texas School of Law.

JEFFREY F. THOMASON, of Todd, Barron, Thomason & Hudman, P.C., practices in the areas of employment law, civil trial, bankruptcy, and creditors’ rights. Mr. Thomason has successfully represented numerous employers and employees in litigation in state and federal courts and before administrative agencies. Mr. Thomason authored and presented “Managing Leaves, Absenteeism, and Substance Abuse Issues Under ADA, FMLA, Workers’ Compensation, and Other Laws and Regulation” for the 2004 Human Resources Law Update. He is a member of the Ector County and Texas State Bar Associations. Mr. Thomason earned his B.S. from West Texas State University and his J.D. from Texas Tech University.

W. CLAYTON GASTON, of Canon, Gaston & Strain, L.L.P., practices in civil litigation, commercial litigation, oil and gas litigation, and appellate practice. Mr. Gaston is also experienced in drafting covenants not-to-compete. The Texas Board of Legal Specializations College of the State Bar of Texas certifies him in civil trial law. Mr. Gaston has several reported cases. He is an adjunct professor at the University of Texas Permian Basin, lecturing on Oil & Gas Law and Business Law. He is admitted to the Texas State Bar, the U.S. District Court Western and Northern Districts of Texas, and the U.S. Court of Appeals, 5th Circuit. Mr. Gaston earned his B.S. and J.D. from Texas Tech University.


REFERENCE MATERIALS

Seminar Manual
The faculty has prepared a substantial reference work to accompany its presentation. This manual will serve as a valuable tool for future reference. You will receive the manual upon checking in at the seminar site. Its price is included in the registration fee.

Audio Tapes
This seminar will be recorded, so if you can't attend you can order a set of audio tapes and/or a reference manual from this program. Home study credit may be available for this program. Please examine the rules governing home study for your profession and/or state or call our office for further information.


Registration Information

Time: Registration begins at 8:00 a.m. The seminar begins promptly at 8:30 a.m. and will end at 4:30 p.m.
Lunch is on your own
from 12:00 - 1:00 p.m.

Registration Fee:

  • $299 for a single registrant
  • $289 per person for two or more from the same firm/business
  • $269 for early registration (If registered and prepaid on or before February 25, 2008)

To Register:

  • Mail:
    Sterling Education Services
    PO Box 3127
    Eau Claire, WI 54702-3127
  • Fax: 715.835.5132
  • Phone: 715.855.0495
  • Online: Click here to register online! Remember to mention the $10 Online Registration Discount!
  • Walk-in Registration: You may register at the door on the day of the seminar for $299. Please call 715.855.0495 before the seminar to check for any schedule changes

Refund Policy: If you pre-register and are unable to attend the seminar, your registration is transferable; just notify us of your substitution before the seminar. Or, if you call us at least three days prior to the seminar, you may request one of the following:

  • Full, transferable credit to another seminar
  • A refund minus a $25 processing fee
  • OR a tape and manual set

CREDIT

Please remember to bring your license number, ID or other necessary information to the seminar to ensure proper reporting of continuing education credit.

This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 6.75 credit hours.

This seminar has been approved for 6.75 recertification credit hours toward the PHR, SPHR, and GPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org.

Sterling Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN, 37219-2417. Web site: www.nasba.org. CPE Credit: Maximum Credit Hours: 8.0 each session (based on a 50 minute credit hour). Field of Study: Business Law. Prerequisite: None. Level of Knowledge: Basic. Delivery Method: Group-Live. Advance Preparation: None. No CPE credit will be granted for home study with the purchase of the seminar audio tapes. SES is only approved for “Group/Live” programs.

Continuing education credit for this seminar may be available from other states or other agencies. Please call for details.

Please call (715) 855-0498 with accreditation questions.

Sterling Education Services may alter the faculty and agenda due to circumstances which are beyond our control.