Preti Flaherty to Host Informative Employment Law Seminar Sept. 16 at USM Abromson Center in Portland

Social networking and Employee Free Choice Act among issues at event designed for HR managers, small business owners and office managers

A day-long seminar on a wide range of employment law issues – including social networking, the Employee Free Choice Act (EFCA) and wellness programs – will be held Wed., Sept. 16 from 7:30 a.m. to 3 p.m. at the University of Southern Maine’s Abromson Community Education Center in Portland.

The event is designed for anyone responsible for employees or human resources. Presenters will include attorneys at Preti Flaherty (www.preti.com) and local HR experts. The event is open to the public and costs $95 per person, which includes lunch. To register, call 207-791-3161 or visit the Preti Flaherty website at www.preti.com.

Participants will receive up-to-date and cutting edge information about the impact of social networking sites – such as Facebook and LinkedIn – in the workplace, dealing with the off-duty conduct of employees, implications of the coming Employee Free Choice Act (EFCA) and reducing health care costs through wellness and other programs.

In addition, the event will include seminars on recent legal rulings and new laws impacting employers and employment law; regulatory changes in the Family Medical Leave Act (FMLA) and the Workers’ Compensation System; and tips to avoid potential pitfalls in the Fair Labor Standards Act (FLSA) and Return to Work (RTW).

The seminar will enable participants to ask legal questions specific to their business, be informed about recent trends in employment law to stay ahead of the curve, and network and share best practices with other HR and employment professionals.

Topics include:

• The Year in Review in the Courthouse, presented by Michael G. Messerschmidt
  
• What’s Work Got to Do with It? Responding to Off-Duty Conduct, presented by guest speaker and HR expert Deborah Whitworth of Lebel & Harriman and attorney Matthew J. LaMourie
  
• Coping with Intermittent FMLA Leave, presented by Elizabeth A. Olivier and Megan A. Sanders
  
• Understanding Maine Human Rights Commission Claims, presented by Stephen E.F. Langsdorf
  
• Workers’ Comp 201: How the Recession and Unemployment has Affected Workers’ Comp, presented by Nelson J Larkins
  
• Wellness and Other Programs Can Reduce Health Care Costs, presented by Randall B. Weill
  
• Here It Comes: The Employee Free Choice Act, presented by Geoffrey K. Cummings
  
• When Returning to Work Gets Sticky – Protect Yourself from RTW Violation Claims, presented by Peter G. Callaghan
  
• Social Networking, presented by Jeffrey W. Peters

[Media note: See below for detailed seminar descriptions.]

Preti Flaherty has offices in Portland and Augusta, Maine, Concord, N.H., Boston and Washington, D.C. With more than 85 attorneys, the firm counsels clients in the areas of business law, energy, environmental, estate planning, health care, intellectual property, labor and employment, legislative and regulatory, litigation, technology and telecommunications. More information about the firm is available at www.preti.com.

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Employment Law Seminar, hosted by Preti Flaherty
Wednesday, Sept. 16, 2009 – USM Abromson Community Education Center, Portland

Morning Session #I - 8:30-9:15 a.m.
THE YEAR IN REVIEW IN THE COURTHOUSES
Presented by Michael G. Messerschmidt
The 2008-2009 term of the U.S. Supreme Court once again decided a host of employment cases. The nation’s highest court issued notable and sometimes controversial rulings affecting race discrimination, retaliation claims, age discrimination, pregnancy discrimination and arbitration rights. Maine’s Supreme Court issued major rulings on sexual orientation discrimination and sexual harassment investigations. Have the courts altered the landscape for employers, or have they just tweaked the rules a little bit? Learn what impact these decisions may have in your workplace.

Morning Session #2 - 9:15-10 a.m.
WHAT’S WORK GOT TO DO WITH IT? RESPONDING TO OFF-DUTY CONDUCT
Presented by Matthew J. LaMourie and Deborah Whitworth
An employee’s off-duty conduct can impact job performance or affect business operations, but there are no bright lines that define how an employer ought to respond. This session will explore the factors that both limit and support an employer’s right to respond to off-duty conduct, including unconventional political or recreational activities, moonlighting, blogging and web-based “employer trashing,” dating and extramarital affairs, and accusations of criminal activity.

Breakout Session #1 - 10:15-11:00am - Choose 1 of these 2 sessions:
COPING WITH INTERMITTENT FMLA LEAVE
Presented by Elizabeth A. Olivier & Megan A. Sanders
Among the most common employer complaints about the FMLA are the productivity problems and administrative headaches that often arise with employee use – and abuse – of intermittent FMLA leave. The changes to the FMLA regulations that became effective earlier this year provide little relief from these headaches. Strategize different options for dealing with difficult intermittent leave requests in this interactive session that takes you through real-life situations involving the use of intermittent FMLA leave.

UNDERSTANDING MAINE HUMAN RIGHTS COMMISSION CLAIMS
Presented by Stephen E.F. Langsdorf
Understanding and properly handling claims at the Maine Human Rights Commission is the key to avoiding litigation. This presentation will guide you through the process and provide insights as to how investigators handle the claims and the new procedures the Commission follows.

Breakout Session #2 - 11:05-11:45a.m. - Choose 1 of these 2 sessions:
WORKERS’ COMP 101: THE BASICS ON FORMS, FILINGS AND PROCEDURES FOR EMPLOYERS
Presented by Nelson J Larkins
The Workers’ Compensation System can be a maze of forms, filings and procedures for employers. This session will cover changes to the system from the past year, as well as the basic procedures and employer requirements for filing forms, investigating claims and interacting with ADA and FMLA.

WELLNESS AND OTHER PROGRAMS CAN REDUCE HEALTH CARE COSTS
Presented by Randall B. Weill
Employer concerns about escalating healthcare costs propose challenges. Wellness programs and other employee benefits can be used to reduce these costs by encouraging employees to undertake proactive measures to improve their health. Although the rules are strict, employers can use incentives such as reduced premiums for “passing” tests related to smoking, weight, blood pressure, and cholesterol. This presentation will focus on how employee benefits can, and cannot, be used to achieve these goals.

Lunch & Dessert - 11:45am-1:15pm

Breakout Session #3 - 1:15-2 p.m. - Choose 1 of these 3 sessions:
WORKERS’ COMP 201: HOW THE RECESSION AND UNEMPLOYMENT HAS AFFECTED WORKERS’ COMP
Presented by Nelson J Larkins
The economic downturn has resulted in an increase in unemployment. We’ll examine the practical implications of the recession, and the connection between unemployment and Workers’ Compensation claims. We will discuss details and procedures on return to work programs, alternative work, vocational rehabilitation, and labor market surveys.

LEGISLATIVE UPDATE
Presented by Ann R. Robinson
The Legislature is regularly reviewing laws that affect the workplace. We will discuss bills that passed this year, carryovers and industry trends/issues that will likely be taken to the legislative level in the near future. Learn how many businesses are making their voices heard at the State House.

TEST YOUR WAGE & HOUR I.Q.: IS YOUR COMPANY VULNERABLE?
Presented by Elizabeth A. Olivier
With wage and hour lawsuits on the rise, making sense of FLSA regulations and state wage and hour laws is critical. Test your knowledge of key issues of wage and hour compliance; Will your practices and policies help you through a DOL investigation? Is your company at risk of non-compliance findings? Learn to avoid mistakes that can make your company vulnerable to penalties and back pay awards.

Breakout Session #4 - 2:05-2:50 p.m. - Choose 1 of these 3 sessions:
HERE IT COMES: THE EMPLOYEE FREE CHOICE ACT
Presented by Geoffrey K. Cummings
The Employee Free Choice Act, or EFCA, is on the way. Now that the Democrats have, for now, the 60-vote supermajority needed to override filibustering in the Senate, some form of the Employee Free Choice Act will likely be passed by Congress. EFCA has the potential to bulldoze the existing unionization landscape and open up thousands of businesses to union representation. We will review the status of EFCA, as of September 16, break it down into its component parts, and prepare you to proactively respond to the new landscape.

WHEN RETURNING TO WORK GETS STICKY - PROTECT YOURSELF FROM RTW VIOLATION CLAIMS
Presented by Peter G. Callaghan
In this session, we will review a case where an employee returned to work with restrictions, resigned, then claimed she was forced out by the company's violations of her restrictions and the handling of her return. Learn how to protect your company from such a claim, how to navigate the issues, what to do when the employee recants her resignation, and how to make your carrier work for you.

SOCIAL NETWORKING
Presented by Jeffrey W. Peters
This session will discuss the ways social networking sites - primarily Facebook and LinkedIn - affect your business. Are employees wasting time on Facebook? Are they misrepresenting your company with poor conduct online? We’ll discuss how to use these sites to screen job applicants, how to minimize productivity loss with a technology policy and how to control the content posted on these sites with a social networking policy.