We are just TWO WEEKS away from the 26th Annual HR Law & Solutions seminar – where does time go?!  Our HF team is working hard on final preparations, and we are excited to see that so many of our readers have already registered. If you haven’t registered, there is still time! You can register online now by clicking here or by contacting Gail Lamarche at 239-344-1186 or gail.lamarche@henlaw.com.

For those of you who will be attending, we need your help to make the Employment Law Potpourri session as helpful to our audience as possible. During that session, we will go through a general update on some of the employment/HR-related hot topics that we did not otherwise address earlier in the day, then we will answer questions from the audience. If you would prefer not to waive your hand and ask your question in front of your 350-closest HR friends, please email them to me before the seminar. We will keep your name and company confidential, but we will make sure to address the question in that session. Time permitting, we will also take questions from the floor, so don’t be shy! We will take the written questions first, though, so if you have a burning question you’d like us to address, please do send it my way. You can reach me at suzanne.boy@henlaw.com.

Guest Speaker Steve Gilliland

Make plans to attend the largest employment law conference in Southwest Florida, HR Law & Solutions, now in its 26th year! Henderson Franklin’s Employment Law and Workers’ Compensation attorneys will return to Sanibel Harbour Marriott Resort & Spa in Fort Myers on Tuesday, March 6, 2018, for a fun-filled day of education and networking. Click here to view the seminar brochure.

Topics and Speakers

8:30 – 9:45 a.m. Legislative and Case Law Update
Speakers: John D. Agnew, Esquire and Robert C. Shearman, Esquire
John and Bob will provide an interactive update on notable court decisions,
including cases addressing contentious employment policies and contract provisions, discrimination against protected classes of workers, as well as other noteworthy employee claims. EEOC trends and legislative developments impacting employers also will be addressed.

10:00 – 11:00 a.m. When Can I Fire This Injured Employee
Panel: Michael McCabe, Esquire (Moderator); Martha Bryson, SHRM-SCP, SPHR; John F. Potanovic, Esquire; David H. Roos, Esquire; and, Frank W. Piazza, Esquire (Mediator)
A panel of workers’ compensation and employment defense attorneys will be joined by an HR professional and a claimant’s attorney/mediator to address best practices when confronted with discipline or termination of an employee with an ongoing or recent workers’ compensation claim. The discussion will explore issues that can arise when dealing with this sensitive scenario, under workers compensation law, the ADA, and the FMLA, with the goal of avoiding unnecessary costs (wages and benefits) and reducing the risk of litigation.

11:15 a.m. – 12:15 p.m. #MeToo: Addressing the Harassment Epidemic in the Workplace
Speakers: Suzanne M. Boy, Esquire and John F. Potanovic, Esquire
One can hardly turn on the news these days without being bombarded by allegations of sexual harassment against celebrities and other public figures. #MeToo has become a powerful symbol of just how widespread sexual harassment is across the planet, with women and men of all backgrounds and in countless professions sharing their stories of abuse and harassment. In this session, attendees will learn about the many forms of sexual harassment, the types of behavior the courts say constitutes sexual harassment, the EEOC’s guidance and legal considerations regarding harassment, and an employer’s obligations under the law. Attendees will also learn practical tips, including specific actions to foster a harassment-free workplace; how to develop and enforce an anti-harassment policy; and day-to-day management practices that safeguard an organization.

1:45  – 3:15 p.m. Hide Your Goat: Strategies to Stay Positive When Negativity Surrounds You
Guest Speaker: Steve Gilliland
Not only do problem employees perform poorly, they make it tough for everyone else to do their jobs, too. The infection can spread quickly and those who discharge the poisonous toxin are masquerading as managers, supervisors and co-workers. The venom they eject produces by-products of bad attitudes, including resistance to change and personality conflicts. They cost plenty in terms of productivity and morale and make life tough for everyone. They delight in getting your goat! You’ll learn why people have bad attitudes and explore ways to head off conflict and confront people about their bad attitudes. Armed with information you gain from this session, you’ll be on your way to finding win-win solutions that will have you and your colleagues working effectively together. This session is guaranteed to make you laugh a lot, learn a lot, and leave outfitted with the means necessary to Hide Your Goat.

3:30 – 4:30 p.m. Employment Law Potpourri
Panel: John D. Agnew, Esquire; Suzanne M. Boy, Esquire; John F. Potanovic, Esquire; Robert C. Shearman, Esquire; David H. Roos, Esquire; Michael McCabe, Esquire
The legal issues facing HR professionals in the current economic climate are many, and the ever-evolving nature of employment law can make management and prevention of problems difficult for even the most experienced HR professional. Thorough knowledge of employment laws, early recognition of issues, and swift problem solving is key to reducing your company’s exposure to the many employment claims so prevalent today. Have questions you would like answered by the panelists? Email them in advance to Gail Lamarche at gail.lamarche@henlaw.com.

4:30 – 5:30 p.m. Happy Hour
Please join us after the conference for happy hour.

Continuing Education

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

Conference Partners

We are grateful for the support and sponsorship of Lykes Insurance (lunch sponsor) and of Gravity Benefits (breakfast and happy hour 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.

Today’s guest post comes from Susan Smith Erdelyi, Esquire, Marks Gray, Jacksonville. She will be presenting at the Florida Law Alliance Fall Employment Law Conference taking place on Friday, November 10, 2017 with EEOC District Director Michael Farrell:

Did you know that the Equal Employment Opportunity Commission is becoming paperless? That’s right. The agency now uses a portal for employer position statements and no longer accepts paper documents from employers. So, if your employer/client is still mailing paper documents to the EEOC, it’s time to step aboard the EEOC Respondent Portal.

How Does It Work?

Continue Reading HR Seminars: Transparency, Efficiency and the EEOC Portal System

Today’s guest post comes from Michael Schofield, Esq., from the Clark Partington firm in Pensacola. He will be presenting at the Florida Law Alliance Fall Employment Law Conference taking place on Friday, November 10, 2017 (see below for more details):

Traditionally, when an employer and employee have a dispute over working conditions, terms, pay, or whatever, the employee quits or is fired, the employer then receives notice of a pending claim, either through the Equal Employment Opportunity Commission (the EEOC), or the state’s agency, and perhaps notice of a lawsuit. Recently, however, more employers are requiring arbitration in contracts of employment and such contractual agreements are being upheld.

In an employment context, is arbitration a good thing, bad thing, or simply and alternative to trial?

Continue Reading What You Need to Know About Employment Dispute Arbitration

Today’s guest post comes from Jeff Wilcox, an associate at the Hill Ward Henderson firm in Tampa. He will be presenting at the Florida Law Alliance Fall Employment Law Conference taking place on Friday, November 10, 2017 (see below for more details):

Are you making deductions from your exempt employees’ pay? If so, you may lose the right to classify the employee as exempt and, as a result, may end up owing the employee overtime pay for all overtime hours worked over the last two, or possibly three, years.

As a general rule, the Fair Labor Standards Act (FLSA) does not permit deductions from an exempt employee’s salary, because the salary cannot be dependent on the number of days or hours he or she works, or even the employee’s quantity or quality of work. There are, however, limited exceptions where deductions can be made. For example, if the employee is absent from work for one or more full days for personal reasons, a deduction is permissible. Moreover, if the employee is absent from work for one or more full days for sickness or disability, and the deduction is made in accordance with a bona fide “sick leave” plan, policy, or practice, a deduction is again permissible. Other limited exceptions exist, and it is important for employers not to deduct from an exempt employee’s salary unless one of the exceptions applies.

Join us in Fort Lauderdale in November

Continue Reading Deductions From Employees’ Salaries May Lead to Liability

Over the next few weeks, we will be sharing guest posts from our member firms with the Florida Law Alliance, who will be producing an employment law conference on November 10, 2017, at the Sonesta Fort Lauderdale Beach Hotel.

Today’s post is from Craig Salner, a partner at the Clarke Silverglate law firm in Miami:

Most South Florida practitioners are familiar with the barrage of recent lawsuits against places of public accommodation challenging their equal accessibility for the disabled. The Americans with Disabilities Act (“ADA”), a statute more known for its ban on disability discrimination in the workplace, has a section known as “Title III” which requires places of public accommodation to provide equal access to persons with disabilities. ADA Title III requirements typically have been applied to components of a business’s physical structure – appropriate linking of the parking lot to the adjacent sidewalk, sufficient main floor space for a wheelchair-bound patron to ambulate between and around aisles, bathrooms with sufficient space to maneuver with reachable soap and paper dispensers, etc.

Successful ADA Title III litigants are entitled to injunctive relief (i.e., the accessibility flaws must be remedied) plus attorney’s fees. Despite the lack of monetary damages available to litigants, ADA Title III litigation has spiked in South Florida with the emergence of certain serial “tester” plaintiffs – specific individuals claiming to test places of public accommodation for ADA Title III compliance and suing in instances of alleged non-compliance. Title III ADA lawsuits have nearly tripled nationwide in the last three years, rising from 2,722 in 2013 to 6,601 in 2016, including a 37 percent increase from 2015 to 2016. Florida is second only to California in the number of 2016 filings.

Are Internet websites places of public accommodation covered by Title III of the ADA?

Continue Reading Company Websites Under Attack – ADA Title III Expanding to the Internet

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!