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Avoiding Unanticipated Litigation: Maintaining Records to meet Agency Expectations

Employers wanting to protect confidential and proprietary information, to secure a release or waiver of claims from a departing employee, or to maintain reputation and image on social networks have faced mounting challenges from federal agencies who are more closely scrutinizing documents, policies and protocols even when unrelated to underlying complaints. This program provides an overview of recent trends in rulemaking and litigation by federal agencies about which all employers should take notice. Even the most carefully drafted policies, handbooks and employment agreements are subject to challenge and employers unaware of the recent developments can find themselves in unwanted, unnecessary litigation. The goal of this program is to provide a working knowledge of what agency investigators are reviewing and how to proactively implement or amend existing policies before they become costly litigation matters. This full day course will explore rulemaking and litigation trends by the NLRB, the EEOC and OSHA which affect all employers regardless of size and/or union affiliation.

This program has been approved for 7 (HR (General)) recertification credit hours toward PHR, SPHR and GPHR recertification through the HR Certification Institute. 

This course can be applied to the Labor Relations Certificate.

Course Outline/Topics

Program Agenda

  1. Introduction – the “new” investigation methods of federal agencies
  2. The EEOC
    1. What is the basis for the EEOC’s statutory authority?
    2. The EEOC’s investigation processes.
    3. The EEOC’s authority to subpoena records.
    4. Can the EEOC sue without investigating?
    5. Is the EEOC required to conciliate claims before litigating?
    6. The EEOC’s increased use of “pattern and practice” lawsuits.
  3. OSHA
    1. Union access during investigations
    2. Anti-Retaliation – Whistle Blower Protection
  4. NLRB
    1. Section 7: Protected Concerted Activity – the Legal Standard
    2. Section 8: Work Rules that “reasonably tend to chill employees” in exercising Section 7 rights
    3. Company rules at risk
      1. At-will employment
      2. Off-duty employee access to company property
      3. Harassment
      4. Confidentiality
      5. Mandatory arbitration
      6. Leaving work without permission
      7. Social Media
      8. Other
  5. Best Practices
    1. Supervisor Training
    2. Review of Policies
  6. Questions

Dates and locations to be announced.