Employment Law Update by jolinmilioncherie


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                                                                                                                                                                                                                                                                                                                                                                                                                    $30 off

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                                                                                                            Sterling Education

                                                                                                                                                                                                                                                                                            -Payroll & CIS Managers
                                                                                                                                                                                                                                                                                            -Department Managers
   • Landlord-tenant Law

                                                                                                             U.S. POSTAGE

                                                                                                              Services, Inc.
       Las Vegas, NV – May 12, 2011                                                                                                                                                                                                                                                                                                                                                  With

                                                                                                                                                                                                                                                                                            -Managing Partner
                                                                                                                                                                                                                                                                                                                                                                               lth Car


                                                                                                                                                                                                                                                                                            Please route to:
                                                                                                                                                                                                                                                                                                                                                                                                                    Register by June 9th
       Reno, NV – May 19, 2011
                                                                                                                                                                                                                                                                                                                                                                            Hea ate

                                                                                                                                                                                                                                                                                            -HR Manager

                                                                                                                                                                                                                                                                                            -CEO & ExVP
   • workers’ Compensation Law & Practice
       Reno, NV – September 15, 2011
   				Find	out	more	online	at:	www.sterlingeducation.com                                                                                                                                                                                                                                                                                                                                          10 th Annual
  Connect with SES for new events and exclusive discounts!


                                                                                                                Employment Law Update

                                                                                                                                                                                                                                                                Earn your Credit
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            and Linkedin pages                             @SterlingEdSrv

                                                                                                                                                                                                                                                                                                 See	inside	for	details
                                                                                                                                                                                                                                                                               • NASBA CPE 8.0
                            Reference Materials

                                                                                                                                                                                                                                                                                                                                                                          Law Update

                                                                                                                                                                                                                                                                               • CA CLE 6.75
                                                                                                                                                                                                                                                                               • NV CLE 6.5
Seminar Manual                                     Audio Recording

                                                                                                                                                                                                                                                                               • AZ CLE 6.5

                                                                                                                                                                                                                                                                               • HRCI 6.75
The faculty has prepared a substantial refer-      This seminar will be recorded, so if you
ence work to accompany their presentation.         cannot attend, or if you want to apply
This manual will serve as a valuable tool for      for home study credit (where available),

                                                                                                                                                                                                                              Las Vegas – July 21, 2011
future reference. You will receive the manual      you can order the audio recording and/

                                                                                                                                                                                                    With Health Care Update
upon checking in at the seminar site. Its price    or a reference manual from this program.
is included in the registration fee.               Please use the registration form to order.

                             Sterling Bookstore
 Below	is	a	selection	of	the	materials	currently	available	from	previous	Sterling	seminars.	Please	
 visit	www.sterlingeducation.com/bookstore.php	for	a	full	selection	of	available	materials.	To	
                                                                                                                                                                                                                                                                                                                                                                                                                  Las Vegas, NV
 order,	please	complete	and	mail	in	this	form	with	payment	or	call	us	at	715-855-0495.	
                                                                                                                                                                                                                                                                                                                                                                                                                     July 21, 2011
 FLSA/Wage & Hour Crackdown; Advanced FMLA and ADA Issues; Privacy, Social Media,
 and Employment Law in the Workplace; Sexual, Racial, and Other Harassment in the
 Workplace; Termination Best Practices; and Health Care Legislation
 PRESENtERS: Kristina S. Holman, Attorney at Law; John B. Marcin with Marcin Lambirth,                                                                                                                                                                                                                                                                                    Presented by:
 LLP; Shaun P. Haley, Jill Garcia, Jeffrey D. Winchester, and Christopher M. Pastore with
                                                                                                                                                                                                                                                                                                                                                                          Kristina S. Holman
 Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
 Seminar #10NV10227 rAudio & Manual Set $155 rAudio only $95 rManual only $75                                                                                                                                                                                                                                                                                             	 -	Attorney	at	Law
                                                                                                                                                                                                                                                                                                                                                                          John B. Marcin
 ADVANCED wORKERS’ COMPENSAtiON:                                                                                                                                                                                                                                                                                                                                          	 -	Marcin	Lambirth,	LLP
 Update and Case Law; Third Party Issues; Regulating Compliance with Safety Laws –
                                                                                                      10 th Annual

 Penalties & Assessed Attorney Fees; Course and Scope: Overview & Update; Employer
                                                                                                                                                                                                                                                                                                                                                                          Anthony B. Golden
 Protections; Occupational Disease and the Standard of Causation; View from the Hearings                                                                                                                                                                                                                                                                                  	 -	Fisher	&	Phillips	LLP
 Division; and Ethical Issues in Workers’ Compensation Practice                                                                                                                                                                                                                                                                                                           David F. Faustman
 PRESENtERS: Daniel L. Schwartz with Lewis Brisbois Bisgaard & Smith LLP; Shirley D.                                                                                                                                                                                                                                                                                      	 -	Fox	Rothschild	LLP
 Lindsey with Nevada Department of Administration; and Dalton L. Hooks, Jr. with Law                                                                                                                                                                                                                                                                                      Keith R. McMurdy

                                                                                                                                                                                                                                                                                                                          Please make necessary corrections to address.
 Offices of Floyd, Skeren & Kelly                                                                                                                                                                                                                                                                                                                                         	 -	Fox	Rothschild	LLP
 Seminar #10NV08153 rAudio & Manual Set $155 rAudio only $95 rManual only $75
                                                                                                                                                                                                                                                                                                                                                                          (See complete biographies inside)
 The Workers’ Compensation Claim; Temporary Benefits; Permanent Disability; Case Law
 and Legislative Update, and Overview; Ethical Issues in Workers’ Compensation Practice;                                                                                                                                                                                                                                                                                                     Continuing Education Credit:
 and A View from the Appeals Office                                                                                                                                                                                                                                                                                                                                                    • NV CLE 6.5 • AZ CLE 6.5 • CA CLE 6.75 •
 PRESENtERS: Appeals Officer Lorna L. Ward with Nevada Department of Administration;                                                                                                                                                                                                                                                                                                        • HRCI 6.75 • NASBA CPE 8.0 •
 Laurie A. Yott and James A. McCarty with Beckett, Yott & McCarty, Chtd.; and Craig W.

                                                                                                                                                                                                                                                                                                                                                                                                 See inside for details.
                                                                                                                                                                                                                  $3t0by Jun 9

 Kidwell with Armstrong & Kidwell, LLC
 Seminar #10NV08169 rManual only $75

 Firm/Company Name_________________________________________________                                                                                                                                                                                                                                                                                                       SES                      8   Sterling Education Services, Inc.

                                                                                                                                                                                                                   is er
                                                                                                       SES      8
                                                                                                                  STERLING EDUCATION SERVICES, INC.

                                                                                                                                                  EAU CLAIRE, WI 54702-3127

 Address_________________________________________________________                                                                                                                                                                                                                                                                                                                                                         Sterling means value!
                                                                                                                                                        P.O. BOX 3127

                                                                                                                                                       (715) 855-0498


 E-mail Address_______________________Phone___________________________
                              MEEt tHE FACuLty                                                                                      EMPLOyMENt LAw uPDAtE                                                                                                               wHO SHOuLD AttEND
KRiStiNA S. HOLMAN, Attorney at Law in Las Vegas, generally represents employees but also              Date: Thursday, July 21, 2011                                      Location:                                                                • Attorneys:                                   •   Human Resource Professionals
represents employers/corporations in employment law matters involving discrimination (sex, age,                                                                           Embassy Suites Hotel                                                        • Employment and Labor                      •   Business Owners
                                                                                                       Registration: 8:00 a.m.
race, disability, religion, etc.) as well as related matters. Ms. Holman is a member of the National                                                                                                                                                  • Human Resources                           •   Managers
Employment Lawyers Association, the State Bar of Nevada, the American Bar Association, the             Presentations: 8:30 a.m. - 4:30 p.m.                               4315 Swenson Street
                                                                                                       Lunch: (on your own) 12:00 - 1:00 p.m.                             Las Vegas, NV 89119                                                         • Employee Benefits                         •   Supervisors
Clark County Bar Association, the Southern Nevada Association of Women Attorneys (board
member), and the Nevada American Inn of Court (master). She has lectured and written articles on                                                                                                                                                      • General Practice                          •   CIS Managers
employment law issues. Ms. Holman is listed in Who’s	Who	in	American	Law. She was appointed                                CONtiNuiNG EDuCAtiON CREDit                                                                                                • New Attorneys                             •   Payroll Professionals
to the Justice of the Peace Pro Tempore Panel for 2005-2006. Ms. Holman received her B.S.,                               Please	remember	to	bring	your	license	number,	ID	or	other	necessary	information	to	the	
                                                                                                                                                                                                                                                      • Health Care                               •   Health Care Insurers
cum	laude,	from Seattle University and her J.D. from Seattle University School of Law.                                   seminar	to	ensure	proper	reporting	of	continuing	education	credit.
JOHN B. MARCiN, managing partner of Marcin Lambirth, LLP with offices in Las Vegas and Los                                                                                                                                                                                  SEMiNAR AGENDA
Angeles, is experienced in litigating employment cases, including wrongful termination; general         NV CLE This seminar 6.5 credit hours. by the Nevada Board of Continuing Legal
                                                                                                               Education for
                                                                                                                              has been approved
                                                                                                                                                                                                                                            i.     Employment Discrimination Law issues
corporate and business litigation; real estate, including real property litigation; partnership
disputes; trademark and copyright cases; and personal injury, wrongful death, and truck
accidents. Mr. Marcin is a veteran of more than fifty complex business litigations and of over
                                                                                                        AZ CLE the State Bar ofup to 6.5 hoursnot pre-approve activities;requirement. activity
                                                                                                               may qualify for
                                                                                                                                  Arizona does
                                                                                                                                                   toward the annual MCLE
                                                                                                                                                                             however, this
                                                                                                                                                                                                                                                   A. Legislative and case law decision, e.g., Ledbetter Act
                                                                                                                                                                                                                                                   B. Genetic Information Nondiscrimination Act of 2008 (GINA)
                                                                                                               This course has been approved for 6.75 total credit hours, by the State Bar of
seventy-five bench and jury trials. He has successfully represented defendants in both state and
federal court. Mr. Marcin represents and has served as lead trial counsel for companies and
                                                                                                        CA CLE California. SES, Inc. is a State Bar of California Approved MCLE Provider.                                                          C. E-Verify
                                                                                                                                                                                                                                                   D. Social networking sites and employment-related decisions
financial institutions in matters involving covenant defaults and threatened or actual bankruptcy,                       This seminar has been approved for 6.75 general recertification credit hours
                                                                                                                         toward the PHR, SPHR, and GPHR recertification through the HR Certification                                               E. Other issues
insolvency, or receiver scenarios. He also advises, represents, and serves as lead trial counsel for
individuals and firms in highly contentious employment matters where breaches of contracts,                              institute. For more information about certification or recertification, please                                     ii.    Compensation under FLSA/wage and Hour
discrimination, and harassment were claimed. Mr. Marcin is a member of the State Bars of                                 visit www.hrci.org.                                                                                                       A. Contrasting the FLSA and state wage and hour laws
Nevada and California, the California Employment Lawyers’ Association, the Nevada Trial Lawyers                          Sterling Education Services is registered with the National Association of State Boards                                   B. Exempt vs. nonexempt vs. independent contractors
Association, and the American Inns of Court Business Litigation. Mr. Marcin earned his B.A. at                           of Accountancy (NASBA) as a sponsor of continuing professional education on the                                           C. Varying rates, commissions, and bonuses
                                                                                                                         National Registry of CPE Sponsors. State boards of accountancy have final authority on the
the University of Massachusetts and his J.D. at Pepperdine University School of Law.                                     acceptance of individual courses for CPE credit. Complaints regarding registered sponsors
                                                                                                                                                                                                                                                   D. Travel time and other “hours worked” issues
DAViD F. FAuStMAN, managing partner of Fox Rothschild’s San Francisco office, practices in                               may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North,                                       E. When are deductions from wages permissible?
labor and employment law and litigation on behalf of management focusing on commercial                                   Suite 700, Nashville, TN, 37219-2417. Web site: www.nasba.org. CPE Credit: Maximum                                        F. Paying wages correctly upon separation of employment
litigation and complex employment and labor law issues, including union organizing, labor                                Credit Hours: 8.0 each session (based on a 50 minute credit hour). Field of Study: Business                               G. Penalties: understanding the “down side”
negotiations, labor arbitration, and matters before the NLRB, long-term workforce strategies,                            Law. Prerequisite: None. Level of Knowledge: Basic. Delivery Method: Group-Live. Advance
                                                                                                                                                                                                                                            iii.   ADA and FMLA update
wage and hour laws, and affirmative action. Mr. Faustman has experience in health and safety                             Preparation: None. No CPE credit will be granted for home study with the purchase of the
                                                                                                                         seminar audio recording. SES is only approved for “Group/Live” programs.                                                  A. Recent changes and developments with the ADA and the FMLA
related workplace issues and Cal-OSHA matters. He is admitted to practice in Nevada and
represents hospitality and gaming companies in labor and employment maters. Mr. Faustman                                 Other continuing education credit may be available. Please call (715) 855-0498 to inquire.                                B. Interplay between the ADA and the FMLA
contributes to strategy and execution of acquisitions, providing seasoned judgment regarding                                                                                                                                                iV.    Employee Misconduct and workplace torts
                                                                                                       walk-ins: Payment is required at the door. Please call ahead to confirm the schedule.
labor relations, human resources, and public affairs. His representations include major hotels,        Cancellations: Substitutions or transfers to a future Sterling seminar are welcome anytime up to the day of the seminar. If you
                                                                                                                                                                                                                                                   A. Employee off-duty misconduct
major retailers, shipping companies, and manufacturers. Mr. Faustman is a frequent writer              cancel at least three business days before the seminar you may 1) transfer your registration to another seminar, 2) receive a full             1. When is it an employment issue?
                                                                                                       refund minus a $25.00 service charge, or 3) receive an audio and manual set of the seminar.
and speaker on labor and employment law issues. Previously, he was a partner in a large                Please note: If you do not attend and do not cancel as described above you are not entitled to a refund.                                       2. Statutory limitations: disciplining employees for off-duty misconduct
international law firm, Senior Vice President for Labor Relations and Public Affairs for Safeway,                                                                                                                                                     3. Private vs. public sector employees
Inc., and chairman of the California Retailers Association. Mr. Faustman earned his B.A. at                                                 Employment Law Update                                                                                  B. Workplace torts
the University of Southern California and his J.D., with honors, at the University of California                                                                                                                                                      1. Misrepresentation
School of Law-Los Angeles.                                                                                                                                                                                                                            2. Negligent hiring
                                                                                                           Register today for seminar #11NV07159
ANtHONy B. GOLDEN, with Fisher & Phillips LLP in Las Vegas, focuses his practice on                        Mail: Sterling Education Services            Web: www.sterlingeducation.com                      Call us about                             3. Wrongful termination in violation of public policy
representing private and public employers in labor and employment matters, including                                                                    Phone: 715-855-0498                           discount opportunities
employment-related litigation under Title VII, the ADEA, the ADA, Section 1983, and federal
                                                                                                                    P.O. Box 3127
                                                                                                                                                                                                      for large groups, NPOs,
                                                                                                                                                                                                                                                      4. Limits on use of off-duty conduct in employment decision
                                                                                                                    Eau Claire, WI 54702-3127           Fax: 715-835-5132
and state wage-hour laws. Mr. Golden counsels employers on preventive measures, and he                                                                                                                   new practitioners                  V.     workplace Harassment and Retaliation Claims
has experience in the development and defense of employment contracts and non-compete                                                        Las Vegas - July 21, 2011                                       and others!                           A. Unlawful harassment
agreements. Mr. Golden regularly represents clients in federal and state court as well as                                                                                                                                                             1. Sex, race, age, disability, religious, national origin
before various administrative agencies. He has extensive appellate experience before state               Registration Fee (includes manual):                                       Reference Materials:                                               2. Family responsibility
and federal appellate courts in Nevada and California. Mr. Golden was selected for inclusion             r $319 per person                                   r Audio/manual package $327*                                                             3. Other protected characteristics
in 2009 and 2010 Mountain	States	Super Lawyers® as a Rising Star®. He was also listed as one             r $309 per person for 2 or more                     r Audio only $237*                                                                    B. Avoiding and defending harassment claims
of the “Top 100 Attorneys in Southern Nevada” by Nevada	Business magazine’s Legal Elite®.                r $289 per person if paid by June 9th               r Manual only $95*                                                                    C. Claims involving third parties
Mr. Golden is admitted to practice in Nevada and California. He served as a judicial clerk for           r $137 audio with registration, a $100 savings!                                                                                           D. The lurking threat of employee retaliation claims
the Honorable Nancy A. Becker of the Supreme Court of Nevada. Mr. Golden earned his B.S.
at the University of Redlands and his J.D. at the University of San Diego School of Law.
                                                                                                            r Check Enclosed (payable to Sterling Education Services, Inc.)                                                                           1. Elements of prima facie case of retaliation
KEitH R. McMuRDy, a partner in Fox Rothschild LLP in New York, practices primarily in labor
                                                                                                            r VISA r MC r AMEX r DISC                                                                                                                 2. Protected activity
and employment issues arising from the designing, drafting, and administrating of employee                  Card #:__________________________________________ Exp. Date:_____________                                                                 3. Proximity in time
benefits plans, including health, welfare, disability, retirement, and pension plans. Mr. McMurdy           Name on Card:____________________________________ CCV:__________________                                                                  4. Tips to avoid retaliation claims
represents benefit plans, plan sponsors, plan administrators, third-party administrators, and            Name: _________________________________ Email: ____________________________t                                                              E. Employment Practices Liability Insurance (EPLI)
insurers. His areas of practice include plan drafting, plan amending, and litigating ERISA claims
                                                                                                         Name: _________________________________ Email: ____________________________t
                                                                                                                                                                                                                                            Vi.    Health Care Legislative update
arising from plan administration. He provides counseling to employers and plan sponsors on                                                                                                                                                         A. Overview of repeal and changes
compliance issues for applicable federal and state regulations governing the administration of           Name: _________________________________ Email: ____________________________t                                                              B. What employers need to know for 2011, 2012, and beyond
employee benefit plans. Mr. McMurdy lends his knowledge to the firm’s Health Care Reform                 Type of Business:_______________________ Primary Practice Area:_________________                                                             1. Incentives and penalties for compliance or failure to comply
Working Group, which is designed to help clients sort through the issues and changes stemming            Firm/Company Name:______________________________________________________                                                                     2. Early retirees’ temporary reinsurance program
from the Patient Protection and Affordable Care Act and the Health Care and Education
                                                                                                         Address: _________________________________________________________________                                                                   3. Tax credits available to eligible small businesses
Reconciliation Act of 2010. He has published several articles and participated as a presenter
at professional education programs on employee benefits topics. Mr. McMurdy writes a blog                City:_____________________________________ State:_________ Zip:______________                                                                4. Grandfathering: advantages and disadvantages
that provides updates and commentary on the interaction between employee benefits and                                                                                                                                                                 5. Participation in SHOP exchanges
                                                                                                         Phone: (_______)_______________________ Fax: (_______)_______________________ t
human resources. He is a member of the New York State, the New Jersey State, the Michigan                                                                                                                                                             6. Changes to flexible spending and health savings accounts
                                                                                                                                *Pricing listed includes $6 shipping and handling. Please allow two to six weeks for delivery.
State, and the Ohio State Bar Associations. Mr. McMurdy earned his B.A. at Grove City College                 RDELHp               t
                                                                                                                                     By providing this information you are agreeing to be added to in-house distribution lists.                       7. W-2 reporting changes for employers
and his J.D. at Case Western Reserve University School of Law.                                                                                                                                                                                      Sterling	Education	Services	may	alter	the	agenda	due	to	circumstances	beyond	our	control.

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