Can you believe it’s been two months since we hosted the 25th Anniversary HR Law & Solutions seminar? Where does the time go?! Thank you so much to the nearly 400 people who attended – it was a record-breaking day! As usual, our Henderson Franklin team had a blast getting to catch up with so many familiar faces at what truly feels like a big family reunion. We loved seeing many new faces as well!

HR Law Room

We had a full day of speakers on various legal topics, a delicious lunch, and great networking opportunities. At the end of the day, we had a celebration for our 25th Anniversary that included cocktails and an AMAZING cupcake tower from our favorite chocolatier Norman Love Confections.

HR Law Cupcakes

Additionally, we inducted Nathalie Galvan, Lucille Ford (not pictured), Cindy Kelberer, Judy Marcucci, and Joanne Lashey in our HR Law & Solutions Hall of Fame (see photo, below). Additional photos from the day can be found on Henderson Franklin’s Facebook page.

HR Law HOF

Special thanks goes to our amazing major sponsors, Lykes Insurance and Gravity Benefits. Our seminar would not be the same without our long-standing partnership with Lunch Sponsor Lykes, and we were proud to welcome Gravity back for the second time, this year as our 25th Anniversary Celebration Sponsor. We look forward to partnering with both groups for years to come.

I also want thank EEOC Regional Attorney Robert Weisberg and plaintiff’s attorney Ben Yormak for braving the HR/employer-filled crowd to offer great advice and tips for employers to avoid ending up on the wrong side of a lawsuit! Kudos to the crowd for not peppering these “bad” guys with anything but great questions (I warned them to watch out for flying food!). Over the next several weeks here on the blog, I will be answering some of the pre-submitted questions we were not able to address on the panel. As always, if you have additional questions you’d like me to tackle in a blog post, feel free to reach out to me at any time.

On behalf of our entire employment law team, thank you all so much for making our 25th Anniversary so wonderful. It truly is such an incredible day, and one we all look forward to every year.  We couldn’t do it without your support year after year.  Now, here’s to the next 25!

Human resource keyboardMake plans now to attend the biggest employment law conference in Southwest Florida, HR Law & Solutions, now in its 25th year! Henderson Franklin’s Employment Law and Workers’ Compensation attorneys will return to Sanibel Harbour Marriott Resort & Spa in Fort Myers on Friday, March 10, 2017, for a fun-filled day of education. Click here to view the seminar brochure.

Topics and Speakers

8:30 – 9:45 a.m. Legislative and Case Law Update
Speakers:  Robert C. Shearman, Esquire and Vicki L. Sproat, Esquire
Bob and Vicki will provide an interactive update on notable court decisions, including cases addressing contentious employment policies and other noteworthy employee claims. Attendees will learn practical advice and tips for businesses to reach their goal of a compliant workplace under current laws and regulations.

10:00 – 11:00 a.m. The ADA – 25 Years Later
Speaker:  John F. Potanovic, Esquire
On March 5, 1992, Henderson Franklin sponsored its first “Employer’s Update,” where John spoke to a small gathering at the Royal Palm Yacht Club about a brand new law – the Americans with Disabilities Act (ADA). Much has evolved since then. 25 years later, the Henderson Franklin seminar is called “HR Law and Solutions” and has 300+ attendees each year; the Royal Palm Yacht Club is a Pinchers Crab Shack; and John no longer has need for a blow-dryer. In this session, John will discuss the more difficult issues confronting employers attempting to steer clear of ADA problems, and he will share best practices to assist in dealing with these challenging issues.

11:15 a.m. – 12:15 p.m. How to Avoid Costly Litigation in Workers’ Compensation
Speakers:  David Roos, Esquire, Michael McCabe, Esquire and Tania Ogden, Esquire
Henderson Franklin’s Workers’ Compensation Defense Attorneys will share strategic tips employers can implement to help avoid costly litigation. They will discuss best practices with regard to policies that should be in place before the injury, how to manage and set employees’ expectations when an injury occurs, employer do’s and don’ts, as well as return to work policies. David, Michael and Tania will also share the importance of communication between the employer, insurance company and defense attorney(s) to try and achieve the best outcome possible for the employer.

1:45  – 2:45 p.m. New Year, New Administration: What Does 2017 Hold for Employers?
Speakers:  Panel discussion moderated by Suzanne M. Boy, Esquire, with panelists Robert E. Weisberg, Esquire, Regional Attorney for U.S. Equal Employment Opportunity Commission (Miami) and Benjamin Yormak, Esquire
There is little doubt in employer and HR circles that the ever-evolving nature of employment law can make management and prevention of problems difficult for even the most experienced leaders. After a 2016 that saw the Department of Labor roll out its huge new overtime changes mid-year, only to have implementation halted just weeks prior to the effective date, this has probably never been more true for 2017, when there is significant uncertainty surrounding what the new Administration will mean for employment laws. In this session attendees will have a unique look into what experts from all sides of the employment law world believe is on deck for 2017, including: potential changes to minimum wage and overtime laws, paid sick/maternity leave; the status of sexual orientation/gender identity protections; and, the ever-changing NLRB rulings. The panelists will also share their best tips to help employers stay in compliance and reduce exposure to the many employment claims prevalent today.

3:00 – 4:30 p.m. The Co-Workers’ Challenge
Guest Speaker Scotty Gunther
The Co-Workers’ Challenge is a quick paced, unique program that combines humor, motivational speaking, and leadership training. This session promotes teamwork, communication, and stress relief for HR professionals and other leaders through laughter. The Co-Workers’ Challenge provides participants various tools, strategies and tactics that they can use to help facilitate better communication, forge stronger working relationships among co-workers, and diffuse difficult or stressful situations more effectively.

4:30 – 5:30 p.m. 25th Anniversary Celebration
Please join us for a cocktail hour to celebrate our 25th Anniversary!

Continuing Education

This conference has been approved by SHRM for 5.75 PDCs and from HRCI for 6 Recertification Credit Hours (General).

Conference Partners

We are grateful for the support and sponsorship of Lykes Insurance (lunch sponsor) and of Gravity Benefits (our 25th Anniversary Celebration Sponsor), as well as our in-kind partners Charlotte County SHRM, SHRM SWFL, and HR Collier.

Registration

Registration is $50 per person and includes a continental breakfast, plated lunch, seminar materials and valet parking. To online register now, click here.

Join the discussion on social media using the #swflhrlaw hashtag.

We hope to see you soon! For group reservations or questions, please contact me at gail.lamarche@henlaw.com or by phone at 239-344-1186.

Join Attorney Suzanne Boy on Wednesday, August 17, 2016 at Pelican Preserve (in the Magnolia Room – Town Center) as she presents “Wage and Hour Compliance:  What the New Rule Really Means for Florida Employers.

Tackling wage and hour issues is one of the most challenging (and potentially costly!) legal issues faced by businesses today. Add on the Department of Labor’s new Final Rule on overtime, which includes a complete overhaul of the salary basis portion of the primary overtime exemptions, and even the most experienced business owner, HR professional, or manager may face compliance issues. Florida employers need to take steps now to prepare for and make decisions on how to incorporate the changes required by the Final Rule. In this detailed session, attendees will learn tips regarding a broad variety of wage and hour issues, along with key actions to implement now to prepare their businesses for the upcoming changes.

hrci_afc_preapprovedseal_2016_newThis course has been approved for 1.5 HRCI Re-certification Credits (General) and 2.0 SHRM PDC’s.

Cost is $25.00 per person and includes a buffet breakfast.

Registration and breakfast begin at 7:30 a.m.  The session will begin at 8:00 a.m. and conclude at 10:00 a.m.

Please click here to register.

If you have any questions or concerns, please contact me at gail.lamarche@henlaw.com or by phone at 239-344-1186.

12472462_1068263593215300_3007634210112393767_nLast week we hosted the 24th Annual HR Law & Solutions seminar. THANK YOU to the 340 attendees (record attendance!) who helped us make it such a great success! As usual, our Henderson Franklin crew had a blast getting to catch up with so many familiar faces, and we were excited to welcome many new faces in the crowd as well.

In addition to a full morning of education on various employment law topics, we featured two fantastic guest speakers, Jennifer Shirkani and Ethan Wall. We also inducted Laura Boyette, Marty Bryson, Marianne Davis, Carol Docker (pictured above) and Tracey DiBiase (pictured below) into the HR Law & Solutions Hall of Fame. Additional photos from the day can be found on Henderson Franklin’s Facebook page. 12670625_1068263719881954_4434719861077534437_n

Special thanks goes to our amazing major sponsors, Lykes Insurance and Gravity Benefits. Our seminar would not be the same without our long-standing partnership with lunch sponsor Lykes, and Gravity was a fantastic addition as this year’s breakfast sponsor. We look forward to partnering with both groups for years to come.

Speaking of years to come, next year is huge – it is our 25th Anniversary! Planning is already underway for what we hope proves to be our biggest and best seminar yet! This is where you come in – we would like your feedback on how we can achieve this goal. First up? Choosing the date. Historically, we’ve done the seminar on Tuesdays. This year, it was Monday. In the seminar evaluations, a few people suggested that Friday would be the best day (we really do read every single evaluation!).  What say you, readers?

Once we have shored up a date and location, we will be asking for your feedback on topics you would like to hear, and what format(s) you prefer. What better way for us to ensure the 25th Annual HR Law & Solutions is the best ever, but to give you, our faithful attendees (and future attendees!) what you want?

Thank you all in advance for your feedback. If you have additional thoughts, please know we are always interested in hearing them!

On behalf of the entire employment law team at Henderson Franklin, I want to send a final heartfelt thanks to our attendees and sponsors for making last week’s seminar so amazing. It really is like a reunion to us, and although there is an incredible amount of work that goes into it (especially from Gail Lamarche!), it is absolute one of the highlights of each year for us.

See you in 2017!

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We are so excited to announce that registration is now open for the 2016 HR Law & Solutions Seminar. Now in its 24th year, this full-day seminar is a fantastic opportunity for both new and experience HR professionals and other business executives to learn about important employment laws, network with their peers, and, of course, have a little fun! This year, we return to the gorgeous Sanibel Harbour Resort and Spa on, Monday, April 4, 2016. Topics and speakers include:

  • Legislative and Case Law Update. Attorneys Robert Shearman and Vicki Sproat will provide an interactive update on notable court decisions, including cases addressing contentious employment policies and contract provisions, and other noteworthy employee claims.
  • The Intersection of Immigration and Employment Law: What You Need to Know and Probably Don’t. Immigration law is a hot button topic in our country’s current political landscape, particularly since this is an election year. For many HR professionals, the relevancy of immigration law is limited to I-9 forms and E-Verify. Attorney Tulio Suarez will give attendees insight on key immigration-related HR issues potentially faced by all employers.
  • Breakout Sessions. Henderson Franklin’s employment law, immigration, and workers’ compensation attorneys will break out in smaller groups to facilitate discussions and give attendees an opportunity to gain more information on specific topics of interest to them and answer any legal questions on any aspect of laws and issues impacting their workplace. More specifically:
    • Welcome to the Company, Please Sign Here. In such a litigious climate, it is more important than ever for employers to have their workplace documentation in order from the start of the employment relationship. Attorneys John Agnew and Suzanne Boy will give HR professionals, business owners, and managers guidance on how to prepare and implement solid employment policies and contracts.
    • You’re From the Government, and We’re Here to Help. Claims against government or other public sector employers often present special challenges. Attorneys John Potanovic and Bob Shearman will delve into the framework of, and best practices in dealing with, Florida Public Sector Whistleblower claims and Constitutional claims.
    • Tips to Recognize, Reduce, and Deal with Workers’ Compensation Fraud in the Workplace. For many HR professionals, employers, agents, attorneys and adjusters, fraud in the workers’ compensation system is often frustrating and confusing. Attorneys David Roos, Michael McCabe and Tania Ogden will give attendees insights on key issues and strategies to recognize and identify insurance fraud at the time of hire, after a reported work accident, during the course of providing benefits and how to best deal with the situation.
  • Ego vs. EQ: How Top Business Leaders Beat Eight Ego Traps with Emotional Intelligence. Somewhere along the line, while climbing the corporate ladder or growing their own company, highly-technical strong employees can struggle with maintaining a healthy level of Emotional Intelligence (EQ) that keeps them connected to their workforce and grounded in the day-to-day realities of their business. The risk of falling into “ego traps” increases, hurting the business and threatening their hard-won success. In this session guest speaker Jennifer Shirkani will help attendees discover ways to be an inspirational and emotionally-engaging leader.
  • Lawful and Unlawful Use of Social Media for Hiring and Retention. Researching applicants for employment is common place in today’s online environment. If your company searches prospective candidates on social media without appropriate guidelines to ensure compliance with state and federal laws, you may be subject to lawsuits for discrimination. Social Media Attorney Ethan Wall will educate attendees on the laws that govern the use of social media for hiring and retention.

Continuing Education

This conference has been approved by SHRM for 5.25 PDCs and by HRCI for 5.25 Recertification Credit Hours (General).

Conference Partners

We are grateful for the support and sponsorship of Lykes Insurance (lunch sponsor), Charlotte County SHRM, SHRM SWFL, and HR Collier.

Overnight Accommodations

Since the seminar is on Monday this year, we have reserved a block of rooms at Sanibel Harbour for $189/night. To make hotel reservations, click here. Reservations must be made by March 3 to take advantage of the group rate.

Seminar Registration

Registration is $40 per person and includes a continental breakfast, plated lunch, seminar materials and valet parking. Click here to download the brochure. Click here to register.

If you have any questions, please let us know. We look forward to seeing you all on April 4!

10-12-2015 3-48-06 PMWhether you have 10 or 10,000 employees, running a business can be a challenge. Making decisions based on strategic reasoning is critical to the success and longevity of any company. How can members of the c-suite, as well as the small business owner, gain helpful insight into the boardroom and, at the same time, try and avoid the courtroom?

We cordially invite you and your top-level managers to join members of Henderson Franklin’s legal team on Tuesday, November 17, 2015 as they present the Southwest Florida C-Suite Summit at Sanibel Harbour Marriott Resort & Spa. Topics and speakers include:

The Recipe for Business Longevity presented by Attorneys Guy Whitesman (Chair, Business and Tax Department), Eric Gurgold (Chair, Estate Planning and Administration Department) and Mark Nieds (Intellectual Property Group). They will outline proven techniques and best practices to preserve, protect, and perpetuate your business. One size does not fit all. The panel will explore avenues to successful business perpetuation, liquidity events and the preservation of wealth.

The Comeback Kid: Southwest Florida’s Ongoing Economic Recovery. Attorneys Denis Noah (Chairman of the Horizon Council) and Russell Schropp (Horizon Council Task Force Chair) will provide a look at the state of Southwest Florida’s economic recovery – from a lawyer’s perspective! Continue Reading Registration is Open — Southwest Florida C-Suite Summit

radical color copyWe are excited to announce that Suzanne Boy will be presenting at the Florida Law Alliance Employment Law Conference, taking place on Thursday, November 12, 2015 at the law offices of Hill, Ward & Henderson in Tampa, Florida. Henderson Franklin is a member of the Florida Law Alliance, a group of six independent law firms practicing throughout Florida. The firms have combined their knowledge, efforts, and resources to increase efficiency, lower costs, expand the scope and improve the quality of legal services each firm provides to its own clients.

Topics and Speakers

Avoiding and Defending Wage and Hour Class and Collective Actions presented by Attorney Craig Salner from the Clarke Silverglate firm in Miami. Employers know that the only lawsuit you win is the one that never gets filed. In the case of wage and hour litigation, this is particularly true of collective actions under the Fair Labor Standards Act (“FLSA”) and class actions under State law counterparts. This presentation will focus ways to defend class and collective actions or better yet, avoid them altogether. Continue Reading LGBT, Social Media and EEOC Charges to be addressed at Fall Employment Law Conference

I am very excited to announce that Paul Dean, a local investigator with the Department of Labor (DOL), will speak at next week’s SHRM SWFL meeting about various wage/hour issues. No, I am not excited because my favorite group of HR professionals plans to throw food at Paul (if you’re reading this, Paul, I promise we won’t do that!). I am excited because this is an excellent opportunity for employers to learn straight from the DOL – the agency charged with enforcing the ever-changing and ever-dangerous wage/hour laws. Paul will address important issues that impact nearly all businesses, including exemptions from overtime, record-keeping requirements, deductions, and tip credit issues.

The meeting is Wednesday, August 12, 2015 at Crowne Plaza Bell Tower. Registration begins at 11:00. $21.00 for SHRM SWFL members, $25.00 for non-member. Click here to register: http://hrmaswfl.shrm.org/events. I hope to see you there!

Image courtesy of wikimedia commons

Boy low resAddiction is one of the most prevalent and costly issues affecting businesses today. Yet the strategies employed by most human resource professionals have changed very little since the Drug Free Workplace Act was signed into law in 1988. Human resource professionals will have an opportunity to hear from national and local experts who will deliver cutting-edge information and practical tools to address this significant problem.

The Hazelden Betty Ford Foundation, SHRM SWFL and the Bonita Springs Area Chamber of Commerce will present “New Strategy and Tactics for HR Professionals to Address the Largest Threat to Workplace Health” on August 11, 2015 from 7:30 a.m. to 4 p.m. at Florida Gulf Coast University in Edwards Hall 112 in Fort Myers. Patrick Nolan, anchor and journalist from WFTX-TV, will provide opening remarks and introductions. Cost for the full day is $25 and includes breakfast and lunch. Attendees will receive up to eight certification credits through HRCI and SHRM and a newly released research update will also be distributed to the attendees upon completion of the program.

Speakers and Topics: Continue Reading Suzanne Boy to present at Southwest Florida Symposium on Addiction in the Workplace

hurted hand and work injury claim formAttorneys David Roos and Michael McCabe met with several attendees at the HR Law & Solutions seminar last month, in a question and answer session to address specific issues from a workers’ compensation perspective. A major focus of the questions centered around the extent to which HR policies, practices, and procedures would be affected by a pending workers’ compensation claim. Questions also addressed how much control an HR manager or employer has over issues that would normally result in disciplinary actions, including termination.

Have Consistent Policies and Procedures

David and Mike explained that an employer retains the same level of control over employee conduct regardless of a pending workers’ compensation claim, and that an employer could exert that control through consistent implementation of HR practices and procedures. According to David and Mike, this would eliminate potentially expensive employment law actions such as retaliatory discharge. HR professionals need to maintain the same practices and procedures that apply to all employees, and need to keep in close contact with their insurance company adjuster and defense attorney (if one has been retained) to make sure that the employer is aware of how an HR decision affects the pending workers’ compensation claim. Understanding how HR decisions, such as termination, affect the underlying injury claim allows the employer to understand how those decisions will increase (or decrease) the costs of a workers’ compensation claim – and ultimately future insurance premium increases.

When Does Termination Affect Workers’ Compensation Benefits? Continue Reading Workers’ Compensation Update – 2015 HR Law & Solutions