Complying with state and federal regulations may not be your only job, but this aspect of your job has the potential to have the greatest financial implications. And with several new and complex rulings coming into effect this year, it can be a lot for your team (or department of one) to monitor. During this webinar, BLR’s expert editors will give you a high-level overview of the five key areas you need to be aware of and what action items you need to address right now to stay ahead of your compliance obligations and avoid costly errors. Learning objectives: Paid Sick, Parental & Family Leave: Learn how to navigate the maze of federal, state, and local requirements and access key strategies to prevent leave abuse. Immigration enforcement. Maintain compliant I-9s and develop a plan to respond to stepped-up enforcement activities from ICE. Severance Agreements: Understand the types of claims employees can release and the effect of the new tax law on confidentiality provisions. Recruiting and Hiring: See what’s new with ban-the-box, salary history inquiries, ADA, citizenship, and more so you can ensure compliant recruiting practices. Sexual Harassment: Time for a culture shift to put an end to harassment and incivility in the workplace. Discover how the #METOO movement is changing the way we train employees and the steps that you can take to prevent devastating harassment claims.

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5. Top 5 Costly HR
Compliance
Tripwires and How
to Avoid Them
Wednesday, August 8, 2018
© 2018 BLR-®—Business & Legal Resources. All rights
reserved. These materials may not be reproduced in part
of in whole by any process without written permission.

6. Holly Jones
Senior Legal Editor, Human
Resources and Employment
hjones@blr.com
Joan Farrell
Senior Legal Editor, Human
Resources and Employment
jfarrell@blr.com
Meet your presenters:

7. Holly K. Jones, J.D., is a Senior Legal Editor for BLR’s
human resources and employment law publications.
She understands the existing and emerging needs and
challenges of human resources professionals thanks to
several years of experience managing, writing, and
editing key legal and compliance publications for BLR.
Prior to joining BLR, Ms. Jones worked for the
Tennessee Legislature's Office of Legal Services.
She graduated magna cum laude and Phi Beta Kappa
with a B.A. in English Rhetoric and Writing, Political
Science, and Psychology from the University of
Tennessee in Knoxville, Tennessee, where she also
received a 2001 Citation for Extraordinary Academic
Achievement. She received her law degree from
Vanderbilt University Law School and is licensed to
practice law in Tennessee.
About Holly Jones

8. Joan S. Farrell, JD, is a Senior Legal Editor for BLR’s
human resources and employment law publications.
Ms. Farrell writes extensively on the topics of
workplace discrimination, unlawful harassment,
retaliation, and reasonable accommodation. She is the
editor of the ADA compliance manual—ADA
Compliance: Practical Solutions for HR.
Before coming to BLR, Ms. Farrell worked as in-house
counsel for a multistate employer where she
represented management in administrative matters
and provided counseling on employment practices.
About Joan Farrell

9. Legal Pitfalls in Recruiting and Hiring
Application forms
Ø Ban the box
Ø 31 states
Ø 11 – private employers
Ø Over 150 cities
Ø 17 – private employers
Ø ¾ of U.S. population

10. Recruiting and hiring
Ø Salary history inquiries
California
Delaware
Massachusetts
Oregon
Vermont
1/1/19 - Connecticut
Hawaii
Cities: New York City
San Francisco

11. Recruiting and hiring
Ø Equal Pay Act – federal law
Seniority system
Merit system
Production
Any factor other than sex

12. Recruiting and hiring
Ø Background checks
Ø Credit history
Ø Social media screening

13. Unprecedented Immigration
Enforcement

14. Manage the Risk
Ø Read the instructions.
Ø M-274 Handbook for Employers
Ø Instructions for the I-9
Ø Pay reasonable attention to verification documents.
Ø Consider your recordkeeping process.
Ø I-9 retention time
Ø I-9 storage
Ø Photocopies
Ø Have an internal audit protocol.
Ø Understand how to correct errors.

15. Sexual Harassment
Ø #MeToo
Ø #TimesUp
70% don't report

16. Sexual Harassment
Ø Change in company culture
Ø Training for all employees
Ø Abusive behavior
Ø Reporting
Ø Retaliation

17. The Leave Patchwork
Ø Federal Family and Medical Leave Act (FMLA)
Ø State family leave laws
Ø CA, CT, HI, ME, MA, MN, NJ, NY, OR, RI, VT, WA, WI.
Ø Paid family leave
Ø CA, D.C., MA, RI, NJ, NY, WA
Ø Maternity/parental leave
Ø Pregnancy accommodation
Ø Paid sick leave
Ø AZ, CA, CT, DC, MA, MD,
NJ, OR, RI, VT, WA

18. The Leave Patchwork
Ø Review your policies.
Ø These laws are minimum requirements.
Ø Understand anti-retaliation and anti-interference.
Ø Don’t retaliate when leave is requested.
Ø Limit communication while employees are on leave.
Ø Don’t require workers to find shift coverage.
Ø Don’t force pregnant workers to accept leave or other
accommodations.
Ø Train your managers!
Ø Your policy is only as good as your enforcement team.

19. Severance Agreements
Ø Typically used for involuntary terminations.
Ø Must have consideration
Ø Something of value (usually money) in exchange for the
waived rights.
Ø Watch out for unenforceable provisions
Ø Some noncompete agreements
Ø Unreasonable restrictions
Ø Unlawful waivers
Ø Some nondisclosure and confidentiality agreements

20. Severance Agreements: When to
Use and What to Include
Ø Tax Reform Act and
confidentiality agreements
in the settlement of sexual
harassment cases
Ø State laws restricting
sexual harassment
settlement agreements

21. Compliance choices for today’s HR
Ø Outsourcing
Ø Employment Law attorneys
Ø HR Consultants
Ø Online information resources
Ø SaaS tools
Ø Training solutions

22. Compliance help from BLR!
HR Hero:
Ø State Law Chart Builder
Ø Federal and state Topic Analysis
Ø Handbook Builder with compliant policies written by Jackson
Lewis Law firm
Ø HR Hotline
Ø Customizable dashboard
Ø Other tools & resources for job descriptions, audits, and more!
Other BLR solutions:
Ø Online training (course content and LMS)
Ø Live events with recertification credits

23. Special offer for
attendees!
Free download: Sick Leave Checklist
Free Trial: no Credit Card required!
10% discount for new subscribers
BLR.com/Workforce10

24.
Register for the next webinar!
Developing Middle Managers into Better
People Managers
Wednesday, August 15, 2018
Webinars start at 2 p.m. Eastern / 11 a.m. Pacific
Register for all upcoming Workforce Webinars at
workforce.com/webinars