Essential Employment Law

A Practical Course in the Basics

Dallas Sep 2, 2015 Cityplace Conference Center
Conference Concluded

Austin Sep 30, 2015 Norris Conference Center
Conference Concluded

Houston Oct 14, 2015 Norris Conference Center - CityCentre
Conference Concluded

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Overview

Essential Employment Law is a one-day HR program led by employment law experts Connie Cornell and Michael W. Fox, and is designed to provide overviews and updates on issues related to Texas employment law. Content is extensive and exhaustive with topics ranging from employment-at-will to discrimination issues, wage and hour violations, retaliation, FMLA, changes in employment law impacting compliance efforts and more.

This practical course provides detailed written materials and is ideal for HR professionals and beginning employment lawyers.

INSTRUCTORS

Connie L. Cornell, PHR is a founding partner of Cornell Smith Mierl & Brutocao, LLP, an Austin labor and employment law firm. She is Board Certified in Labor and Employment law by the Texas Board of Legal Specialization and is also certified as a Professional in Human Resources by the national Society for Human Resource Management.

Michael W. Fox is a shareholder in the Austin office of Ogletree Deakins, a national labor and employment law firm. He has represented employers in employment law matters for more than 35 years, is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization and is a Fellow in the College of Labor and Employment Lawyers.

Event Schedule

Program is subject to change.
All times are Central Time Zone.

Time

Credit

Subject

Speaker
Wednesday Morning, Sep. 2, 2015
7:45 am

Registration Opens

Includes continental breakfast.
8:20 am

Welcoming Remarks
8:30 am

0.75 hr

Texas Is an "At Will" State... So Why Worry?

An overview of the legal aspects of the employment relationship and how tort law has been adapted in the workplace. Answering the client or the supervisor who thinks employment law begins and ends with "employment-at-will": What about terminating an employee for theft? Is there ever an obligation to give a reference on a former employee? How can a handshake get a manager sued for assault? What is intentional infliction of emotional distress? Can employee violence really be prevented? Is negligent retention really a cause of action?

Michael W. Fox, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - Austin, TX
9:15 am

1.00 hr

Discrimination and Harassment

Understanding the difference between disparate treatment and disparate impact, and why it matters. Why do you need to know about the "shifting burden of proof"? How can you prevent liability for harassment even after it occurs?

Michael W. Fox, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - Austin, TX
10:15 am

Break
10:25 am

0.50 hr

Retaliation: Winning the Battle, Losing the War

Why is retaliation the most dangerous cause of action, and what can you do about it?

Michael W. Fox, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - Austin, TX
10:55 am

1.00 hr

Wage and Hour: An Old Law in a Modern World

Learn the basics of wage and hour law and why violations of the Fair Labor Standards Act have exploded. Among the areas covered are: Who is exempt and who is not, and what difference does it make? What is working time? How is overtime calculated? What are the most common mistakes and how do you avoid them?

Michael W. Fox, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - Austin, TX
11:55 am

Pick Up Lunch

Included in registration.
Wednesday Afternoon, Sep. 2, 2015
LUNCHEON PRESENTATION
12:15 pm

0.83 hr

Q&A with the Instructors

Real-world questions are answered by the experts. Submit your questions, comments and/or experiences in advance to ConferenceQA@utcle.org or come armed with your toughest questions. This session is designed to be interactive. Audience participation is encouraged!

Connie L. Cornell, Cornell Smith Mierl & Brutocao, LLP - Austin, TX
Michael W. Fox, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. - Austin, TX
1:05 pm

Break
1:15 pm

0.50 hr

Family Medical Leave Act (FMLA): The Other Major Entitlement Act

The FMLA was the first federal act that required an employer to provide time off for employees. Learn the basics of the law which has been amended to cover additional types of leave.

Connie L. Cornell, Cornell Smith Mierl & Brutocao, LLP - Austin, TX
1:45 pm

1.00 hr

Defensive Documentation from Hiring to Firing

Recognize the vulnerable points in the employment relationship and learn the best practices in documentation to minimize the number of problems and maximize the chances of successfully defending the employer’s actions when challenged. Understand the value and risks posed by offer letters, disciplinary documentation, performance evaluations, and termination paperwork.

Connie L. Cornell, Cornell Smith Mierl & Brutocao, LLP - Austin, TX
2:45 pm

Break
2:55 pm

0.75 hr

Handbooks / Employment Policies 2015

Avoid common mistakes in policy drafting. Adopt provisions that support the company's good faith compliance efforts and help reduce potential liability in audits and litigation. Understand how recent NLRB decisions affect even non-unionized employers.

Connie L. Cornell, Cornell Smith Mierl & Brutocao, LLP - Austin, TX
3:40 pm

1.00 hr

Investigating Sensitive Employment Complaints

The investigation of an employee's complaint may be critical to an employer's only means of avoiding liability. The investigator may be a witness and the notes may be evidence. Learn how to investigate and document the process.

Connie L. Cornell, Cornell Smith Mierl & Brutocao, LLP - Austin, TX
4:40 pm

0.33 hr

Changes in Employment Law Impacting Compliance Efforts

HR professionals and legal counsel can better advise employers on compliance efforts if up to speed on the latest changes and trends in employment law. This is a brief update of the most critical court cases, legislation, and federal agency activity at the EEOC, the DOL, and the NLRB.

Connie L. Cornell, Cornell Smith Mierl & Brutocao, LLP - Austin, TX
5:00 pm

Adjourn

Download Schedule

Conference Faculty

Connie L. Cornell

Cornell Smith Mierl & Brutocao, LLP
Austin, TX

Michael W. Fox

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Austin, TX

Planning Committee

Connie L. Cornell

Cornell Smith Mierl & Brutocao, LLP
Austin, TX

Michael W. Fox

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Austin, TX

Gregory J. Smith

The University of Texas School of Law
Austin, TX

Credit Info

MCLE Credit

Texas – 7.75 hrs
Legal Specialization(s): Civil Appellate Law, Civil Trial Law, Labor and Employment Law

You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number provided on your certificate of attendance.

California – 7.75 hrs

You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov. UT Law CLE will maintain Attendance Records for four years.

Oklahoma – 9.50 hrs

You must claim and certify your credit online in Your Briefcase, then you will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.

Other Credit

Human Resources PHR/SPHR/GPHR – 7.75 hrs

This program has been pre-approved for credit toward aPHR®, aPHRi™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through HR Certification Institute® (HRCI®). Please claim and certify your credit in "Your Briefcase" at the end of the program and after doing so you will be able to download your certificate of attendance with the HRCI activity ID number. Contact us at accreditation@utcle.org if you have additional questions.

For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org

Human Resources SHRM-CP / SHRM-SCP – Expected – 7.75 hrs

The University of Texas School of Law is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CP or SHRM-SCP. Please claim and certify your credit in "Your Briefcase" at the end of the program and after doing so you will be able to download your certificate of attendance with the course ID number. Please contact us at accreditation@utcle.org if you have additional questions.

TX Accounting CPE – 9.00 hrs

The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.

Contact us at accreditation@utcle.org if you have additional questions.