Human Resource Law

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Explore below for session descriptions of workshops associated with our Human Resource Law (HRL) track. For questions, contact Lori Jo Goff at lgoff@kychamber.com or 502-848-8727.


Workshop Educational Levels:

Fundamental – For those who are new to HR or to the particular topic being addressed, often broad overviews and updates of current topics.
Intermediate – For those who have HR experience in the topic being addressed, with focus on in-depth examinations of specific topics and their solutions.
Advanced – For those with senior level HR experience, with focus on cutting-edge and strategic topics.


Wednesday August 28, 2019
Session 1 | 1-2 p.m. (1 HOUR)
(these sessions are also offered in Session 2)

HRL 1-4 | Mental Health and Substance Abuse Issues in the Workplace: The Invisible Risks
Speakers:
Paul Goatley | Attorney, Fisher Phillips
Timothy Weatherholt | Partner, Fisher Phillips
Are mental health conditions a disability? How do I handle drug addiction and alcohol abuse in the workplace? Do I need to offer a reasonable accommodation? Balancing compassion and compliance obligations when employees show signs of mental health and/or substance abuse issues can be difficult. This program will cover strategies to identify these issues and discuss considerations for handling and mitigating their impact in the workplace. We will also cover best practices for complying with the Americans with Disabilities Act and the Family and Medical Leave Act when these issues arise.

HRL 1-10 | The EEOC, from A to Z
Speakers:
Bill Brammell, Attorney | Associate Attorney, DBL Law
Kelly Holden, Attorney | Partner, DBL Law
The U.S. Equal Employment Opportunity Commission is a federal agency that administers and enforces civil rights laws against workplace discrimination. One violation can be devastating, with the average out of court settlement costing about $40,000 and the average employee lawsuit costing $250,000. And 10 % of wrongful termination and discrimination cases result in a $1 million settlement. About 67% of all cases are ruled in the plaintiff’s favor when taken to litigation. Are you providing your managers with the tools needed to avoid the EEOC and a lawsuit? In this session, learn how to respond to an EEOC claim, successfully mediate cases and resolve them quickly.

HRL 1-16 | Mock Employment Jury Trial-Part I
Speaker:
Mitzi Wyrick | Partner, Wyatt, Tarrant & Combs, LLP
The job of a human resources professional can be demanding and stressful, especially when an employment dispute results in litigation. Not only will you be expected to testify at depositions and trials, but the jury will scrutinize and second-guess your company’s decisions and actions. In this session, you will have a chance to be a juror and sit in judgment in the mock trial of an employment case. In the first hour the employer and the employee will present their cases to you. Each will be represented by counsel who will make opening statements, call witnesses (including company witnesses), cross-examine the witnesses for the other side and then make closing arguments, asking you to find for their respective clients.


Wednesday August 28, 2019
Session 2 | 2:30-3:30 p.m. (1 HOUR)

HRL 2-4 | Mental Health and Substance Abuse Issues in the Workplace: The Invisible Risks
Speakers:
Paul Goatley | Attorney, Fisher Phillips
Timothy Weatherholt | Partner, Fisher Phillips
Are mental health conditions a disability? How do I handle drug addiction and alcohol abuse in the workplace? Do I need to offer a reasonable accommodation? Balancing compassion and compliance obligations when employees show signs of mental health and/or substance abuse issues can be difficult. This program will cover strategies to identify these issues and discuss considerations for handling and mitigating their impact in the workplace. We will also cover best practices for complying with the Americans with Disabilities Act and the Family and Medical Leave Act when these issues arise.

HRL 2-10 | The EEOC, from A to Z
Speakers:
Bill Brammell, Attorney | Associate Attorney, DBL Law
Kelly Holden, Attorney | Partner, DBL Law
The U.S. Equal Employment Opportunity Commission is a federal agency that administers and enforces civil rights laws against workplace discrimination. One violation can be devastating, with the average out of court settlement costing about $40,000 and the average employee lawsuit costing $250,000. And 10 % of wrongful termination and discrimination cases result in a $1 million settlement. About 67% of all cases are ruled in the plaintiff’s favor when taken to litigation. Are you providing your managers with the tools needed to avoid the EEOC and a lawsuit? In this session, learn how to respond to an EEOC claim, successfully mediate cases and resolve them quickly.

HRL 2-16 | Mock Employment Jury Trial-Part I (Session 2 only)
Speaker:
Mitzi Wyrick | Partner, Wyatt, Tarrant & Combs, LLP
The job of a human resources professional can be demanding and stressful, especially when an employment dispute results in litigation. Not only will you be expected to testify at depositions and trials, but the jury will scrutinize and second-guess your company’s decisions and actions. In this session, you will have a chance to be a juror and sit in judgment in the mock trial of an employment case. In the first hour the employer and the employee will present their cases to you. Each will be represented by counsel who will make opening statements, call witnesses (including company witnesses), cross-examine the witnesses for the other side and then make closing arguments, asking you to find for their respective clients.


Thursday August 29, 2019
Session 3 | 7:30-8:30 a.m. (1 HOUR)
(these sessions are also offered in Session 7)

HRL 3-4 | What Do You WANT? That’s NOT Reasonable! (ADA)
Speakers:
Toni Ahl | President, EEO Advantage LLC
Lynn Ingmire, SHRM-SCP; SPHR | President/Owner, Essential HR Partners, LLC
Laurie Kemp | Owner, Kemp Law Office and Momentum Title Agency
Jennifer Wheatley, SHRM-SCP; SPHR | Vice President HR Consulting and Outsourcing, HR Affiliates
Recognizing and responding to a request for accommodation under the Americans with Disabilities Act is still a major issue for businesses. It’s easy to get caught up in making immediate decisions based on little fact, in assuming we understand what they need, in trying to make decisions based on equality and in being concerned about even discussing the request at all. Since requests are not always made to Human Resources, failing to train other members of management/supervision can put your organization at risk. Beginning with a brief scenario, we will explore these issues, and more, from the perspectives of the EEOC, legal, and HR (corporate and local).


Thursday August 29, 2019
Session 4 | 11 a.m.-12 p.m. (1 HOUR)
(these sessions are also offered in Session 5) 

HRL 4-4 | The Top Employment Cases and Legislation of 2019
Speaker:
Mauritia Kamer | Member, ST

One of the greatest challenge in HR is keeping up with the volume of decisions that courts make and determining which cases may impact your business. Through engaging discussion and fact pattern development, participants will learn and explore the top cases/legislation over the past year. We will deal with how these cases impact your workplace. In this session you will also learn practical applications of the underlying principles from the decisions which will give you a list of issues to consider once you return to your organization. Participants will: learn about the latest impactful court decisions in employment law; gain an understanding of how the respective decisions will alter the execution of HR functions going forward; and evaluate case law to assist HR in reviewing existing policies and procedures to identify potential areas of necessary alteration as a result of these new cases.


Thursday August 29, 2019
Session 4 | 11 a.m.-12:30 p.m. (1.5 HOUR)
(these sessions are also offered in Session 5) 

HRL 4-10 | What to Do when Government Comes Knocking
Speakers:
Bill Brammell, Attorney | Partner, DBL Law
Kelly Holden, Attorney | Partner, DBL Law
You’re working away one busy afternoon when you see a barrage of government agents entering the building. You discover they are there to serve a search warrant. Next thing you know they are scouring your computers, filing cabinets and interviewing employees. What are your rights? What should you do? How you respond depends largely on how prepared you and your company’s management team are. Businesses large and small, highly regulated or not, are subject to search. You will learn what your rights are in such a situation and how best to respond to that agent knocking at your door.


Thursday August 29, 2019
Session 5 | 1:45-2:45 p.m. (1 HOUR)

HRL 5-4 | The Top Employment Cases and Legislation of 2019
Speaker:
Mauritia Kamer | Member, ST

One of the greatest challenge in HR is keeping up with the volume of decisions that courts make and determining which cases may impact your business. Through engaging discussion and fact pattern development, participants will learn and explore the top cases/legislation over the past year. We will deal with how these cases impact your workplace. In this session you will also learn practical applications of the underlying principles from the decisions which will give you a list of issues to consider once you return to your organization. Participants will: learn about the latest impactful court decisions in employment law; gain an understanding of how the respective decisions will alter the execution of HR functions going forward; and evaluate case law to assist HR in reviewing existing policies and procedures to identify potential areas of necessary alteration as a result of these new cases.


Thursday August 29, 2019
Session 5 | 1:15-2:45 p.m. (1.5 HOUR)

HRL 5-10 | What to Do when Government Comes Knocking
Speakers:
Bill Brammell, Attorney | Partner, DBL Law
Kelly Holden, Attorney | Partner, DBL Law
You’re working away one busy afternoon when you see a barrage of government agents entering the building. You discover they are there to serve a search warrant. Next thing you know they are scouring your computers, filing cabinets and interviewing employees. What are your rights? What should you do? How you respond depends largely on how prepared you and your company’s management team are. Businesses large and small, highly regulated or not, are subject to search. You will learn what your rights are in such a situation and how best to respond to that agent knocking at your door.


Thursday August 29, 2019
Session 6 | 3:45 – 5  p.m.

HRL 6-4 | Preventing Retaliation in the Kentucky Workplace
Speakers:
Michael Hornback | Attorney, Littler
Jay Inman | Shareholder, Littler Mendelson, P.C.
In Kentucky employment litigation, retaliation claims have taken on an exceptionally prominent role, impacting many industry workplaces, including healthcare, and resulting in large verdicts for plaintiffs even where employers have seemingly valid and principles defenses. Preventing retaliation begins (and hopefully ends) with HR professionals who train managers to make careful decisions and spot issues with their employees, review employment actions and ask tough questions about the bases for those, and develop policies and procedures to guide everyone through the workplace as harmoniously as possible. This interactive session will take specific lessons from recent litigation and help HR professionals learn to address potential retaliation problems in their workplaces.

HRL 6-9 | Crisis Management – In Case of Emergency: The Aftermath
Speakers:
George Adams | Partner, Fisher Phillips
Bill Konwiczka | HR Director, Scotty’s Contracting and Stone
Todd Logsdon | Partner, Fisher Phillips
Barry Wilkerson |Chief of Police, St. Matthews Police Department
Effectively responding to a workplace crisis, such as a violent act, a serious injury or fatality or some type of natural or man-made disaster, requires an understanding of what people need from management and how to provide it. In this four-person panel discussion, you will learn first-hand about emergencies, as well as an understanding of how to deal with a crisis from the legal, OSHA and law enforcement perspectives.


Friday August 30, 2019
Session 7 | 7:30-8:30 a.m. (1 HOUR)

HRL 7-4 | What Do You WANT? That’s NOT Reasonable! (ADA)
Speakers:
Toni Ahl | President, EEO Advantage LLC
Lynn Ingmire, SHRM-SCP; SPHR | President/Owner, Essential HR Partners, LLC
Laurie Kemp | Owner, Kemp Law Office and Momentum Title Agency
Jennifer Wheatley, SHRM-SCP; SPHR | Vice President HR Consulting and Outsourcing, HR Affiliates
Recognizing and responding to a request for accommodation under the Americans with Disabilities Act is still a major issue for businesses. It’s easy to get caught up in making immediate decisions based on little fact, in assuming we understand what they need, in trying to make decisions based on equality and in being concerned about even discussing the request at all. Since requests are not always made to Human Resources, failing to train other members of management/supervision can put your organization at risk. Beginning with a brief scenario, we will explore these issues, and more, from the perspectives of the EEOC, legal, and HR (corporate and local).


Friday August 30, 2019
Session 8 | 8:45-10 a.m. (1.25 HOUR)
(these sessions are also offered in Session 9)

HRL 8-4 | Background Screening: There’s More!
Speaker:
John McTighe | Executive Vice President, Background Screening Division, Data Facts
Are you violating the FCRA or state law? In today’s litigious environment, performing background checks is more important than ever. However, there’s a lot of incorrect information being relayed to employers about FCRA compliance, negligent hiring, Ban the Box and individualized assessments. Did you know that something as simple as having incorrect applicant consent forms has cost many employers millions of dollars in class action lawsuits? How about large fines if you ask about criminal convictions on a job application in States who have ‘banned the box’? And that’s just the tip of the iceberg when it comes to background screening. This workshop will cover all aspects of Ban the Box, how to perform individualized assessments, the adverse action process, litigation trends and other compliance traps and how to avoid them. A must attend for all HR professionals!

HRL 8-10 | Effective Discipline, Termination and Investigations: Why Documentation and the Details Matter
Speaker:
Megan U’Sellis | Attorney, Fisher Phillips
The reality of running a business means difficult situations arise from time to time—an employee complains about harassment or discrimination, requests an accommodation, is not meeting expectations, or must be terminated. How you conduct and respond to these situations is critical. This presentation will focus on limiting risk through attention to detail. Learn how to manage an internal investigation from the initial complaint through the interview process and possible outcomes. We will also review best practices for investigations, discipline and discharge, including the dos and don’ts, who and how to interview, what to document, what to avoid, and the differences between performance vs. misconduct terminations. You will also be presented with real life case studies to discuss – what was done well and what could have been improved on for a more desirable outcome.


Friday August 30, 2019
Session 9 | 10:30-11:45 a.m. (1.25 HOUR)

HRL 9-4 | Background Screening: There’s More!
Speaker: John McTighe | Executive Vice President, Background Screening Division, Data Facts
Are you violating the FCRA or state law? In today’s litigious environment, performing background checks is more important than ever. However, there’s a lot of incorrect information being relayed to employers about FCRA compliance, negligent hiring, Ban the Box and individualized assessments. Did you know that something as simple as having incorrect applicant consent forms has cost many employers millions of dollars in class action lawsuits? How about large fines if you ask about criminal convictions on a job application in States who have ‘banned the box’? And that’s just the tip of the iceberg when it comes to background screening. This workshop will cover all aspects of Ban the Box, how to perform individualized assessments, the adverse action process, litigation trends and other compliance traps and how to avoid them. A must attend for all HR professionals!

HRL 9-10 | Effective Discipline, Termination and Investigations: Why Documentation and the Details Matter
Speaker: Megan U’Sellis | Attorney, Fisher Phillips
The reality of running a business means difficult situations arise from time to time—an employee complains about harassment or discrimination, requests an accommodation, is not meeting expectations, or must be terminated. How you conduct and respond to these situations is critical. This presentation will focus on limiting risk through attention to detail. Learn how to manage an internal investigation from the initial complaint through the interview process and possible outcomes. We will also review best practices for investigations, discipline and discharge, including the dos and don’ts, who and how to interview, what to document, what to avoid, and the differences between performance vs. misconduct terminations. You will also be presented with real life case studies to discuss – what was done well and what could have been improved on for a more desirable outcome.