Welcome to the Team! Recruiting and Hiring, Including Restrictive Covenants (Series: Protecting Your Employee Assets: The Life Cycle of the Employment Relationship 2020)
You only get one chance to make a first impression, so you want to make sure your company avoids unnecessary missteps when recruiting and hiring employees. Understanding what you can and cannot say during interviews and how to respond when a candidate volunteers information that may be considered “off limits” is essential. At the same time, there are a host of laws being passed throughout the country that address when and what sort of information you can request from applicants regarding their criminal and financial histories. In the event you decide to protect your organization by requiring certain employees to sign some type of restrictive covenants—non-competition, non-solicitation and/or non-disclosure—there are a host of legal and practical issues to consider. This webinar explores these and other issues so that you can be confident, going forward, that you are starting off on the right foot—legally, at least—when you hire new employees.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/recruiting-and-hiring-including-restrictive-covenants-2020/
Welcome to the Team! Recruiting and Hiring, Including Restrictive Covenants (...Financial Poise
To view the accompanying webinar, go to: https://www.financialpoise.com/financialpoisewebinars/view-webinar/?id=261915068&slides=8FFUUS9Gyz9IpR
You only get one chance to make a first impression, so you want to make sure you’re your company avoids unnecessary missteps when recruiting and hiring employees. Understanding what you can and cannot say during interviews and how to respond when a candidate volunteers information that may be considered “off limits” is essential. At the same time, there are a host of laws being passed throughout the country that address when and what sort of information you can request from applicants regarding their criminal and financial histories. In the event you decide to protect your organization by requiring certain employees to sign some type of restrictive covenants—non-competition, non-solicitation and/or non-disclosure—there are a host of legal and practical issues to consider. This webinar explores these and other issues so that you can be confident, going forward, that you are starting off on the right foot—legally, at least—when you hire new employees.
When employers are faced with terminating employees in California, they often miss the numerous required notices and action steps they must take at or before the time of termination in order to comply with the law. In this presentation, Beth Arnese and I go over how to handle terminations in a legally compliant manner (not to mention as kindly and consciously as possible - which prevents lawsuits and bad karma).
Topics addressed include federal and state requirements for terminating employees, the necessary forms and notices, the California Unemployment Insurance Code, final wages, termination letters, COBRA and Cal-COBRA coverage, and severance pay and agreements.
Welcome to the Team! Recruiting and Hiring, Including Restrictive Covenants (...Financial Poise
To view the accompanying webinar, go to: https://www.financialpoise.com/financialpoisewebinars/view-webinar/?id=261915068&slides=8FFUUS9Gyz9IpR
You only get one chance to make a first impression, so you want to make sure you’re your company avoids unnecessary missteps when recruiting and hiring employees. Understanding what you can and cannot say during interviews and how to respond when a candidate volunteers information that may be considered “off limits” is essential. At the same time, there are a host of laws being passed throughout the country that address when and what sort of information you can request from applicants regarding their criminal and financial histories. In the event you decide to protect your organization by requiring certain employees to sign some type of restrictive covenants—non-competition, non-solicitation and/or non-disclosure—there are a host of legal and practical issues to consider. This webinar explores these and other issues so that you can be confident, going forward, that you are starting off on the right foot—legally, at least—when you hire new employees.
When employers are faced with terminating employees in California, they often miss the numerous required notices and action steps they must take at or before the time of termination in order to comply with the law. In this presentation, Beth Arnese and I go over how to handle terminations in a legally compliant manner (not to mention as kindly and consciously as possible - which prevents lawsuits and bad karma).
Topics addressed include federal and state requirements for terminating employees, the necessary forms and notices, the California Unemployment Insurance Code, final wages, termination letters, COBRA and Cal-COBRA coverage, and severance pay and agreements.
Most employers have heard at least one of these demands from their employees:
“You have to give me two 15-minute breaks.”
“You owe me overtime pay for last week.”
“You can’t make me work on Sundays.”
This webinar reveals the truths behind seven common employee misconceptions about time and pay laws. We’ll reveal the real truths behind these demands, according to the latest regulations. Just as important, you will walk away with a better understanding of how to protect your rights as an employer.
You will learn:
What the law really says about breaks (you may be surprised!)
When you can — and can’t — force employees to work on weekends and holidays
Whether or not you must pay employees for time spent traveling, training and commuting to work
Legal methods for minimizing overtime pay
When you should consider going above and beyond what the law requires
A Modern Look at Contractors v. EmployeesDiana Maier
Whether you’re a business owner concerned with making the right distinctions when engaging people to work with/for you, or a lawyer responsible for advising clients on the contractor v. employee distinction, this presentation could save you a lot of grief and money down the line.
Marin County-based employment lawyer Diana Maier and Carlos E. Torres, a Hearing Officer for the California Division of Labor Standards Enforcement (DLSE), discuss which factors matter most in deciding how to classify workers in light of recent legal decisions that are shifting those factors. In addition to covering a broad overview of the contractor v. employee debate, they also discuss ethical considerations for lawyers considering the question of contractor classification, and assess whether the sharing economy is due for extinction in light of recent rulings against companies such as Uber.
Top Legal Pitfalls When Managing Employees [Webcast Part 2: Employment Stage]LinkedIn Talent Solutions
Hiring, managing, and terminating employees is no easy feat. If not handled correctly, you and your company could be at risk of employment lawsuits costing millions of dollars. To help you, seasoned attorneys from Fenwick & West’s Employment Practices Group designed a 3-part webcast series specifically for small to mid-sized companies.
In the second webcast of the series, Saundra Riley, Senior Associate at Fenwick & West, will cover the hidden risks when managing employees including:
• How to classify workers as employees vs. contractors
• How to classify employees as exempt vs. non-exempt
• Top performance management mishaps
• Tips to giving performance coaching/reviews and avoiding employment discrimination claims
Learn more: http://bit.ly/1JKZe1Q
In 2014, employers were sued in more than 88,000 employment-related lawsuits. As managers in small to mid-sized businesses, it is critical to identify and avoid legal pitfalls when hiring, managing, and terminating employees. To help you, we’ve created a 3-part webcast series with seasoned attorneys from Fenwick & West’s Employment Practices Group.
In this first webcast, Sheeva J. Ghassemi-Vanni, Senior Associate at Fenwick & West, will cover the hidden risks in the initial stages of the employment process: recruiting and onboarding employees. She will address:
- An overview of discrimination law and how to legally screen candidates
- What red flags to look for when
- Interview dos and don'ts
This presentation explains the distinction between independent contractors and employees and advises employers how to avoid the costly errors of misclassifying employees as contractors.
Recruiting and Hiring, Including Restrictive Covenants (Series: Protecting Yo...Financial Poise
You only get one chance to make a first impression, so you want to make sure your company avoids unnecessary missteps when recruiting and hiring employees. Understanding what you can and cannot say during interviews and how to respond when a candidate volunteers information that may be considered “off limits” is essential. At the same time, there are a host of laws being passed throughout the country that address when and what sort of information you can request from applicants regarding their criminal and financial histories. In the event you decide to protect your organization by requiring certain employees to sign some type of restrictive covenants—non-competition, non-solicitation and/or non-disclosure—there are a host of legal and practical issues to consider. This webinar explores these and other issues so that you can be confident, going forward, that you are starting off on the right foot—legally, at least—when you hire new employees.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/recruiting-and-hiring-including-restrictive-covenants-2021/
Welcome to the Team! Recruiting and Hiring, Including Restrictive CovenantsFinancial Poise
You only get one chance to make a first impression, so you want to make sure your company avoids unnecessary missteps when recruiting and hiring employees. Understanding what you can and cannot say during interviews and how to respond when a candidate volunteers information that may be considered “off limits” is essential. At the same time, there are a host of laws being passed throughout the country that address when and what sort of information you can request from applicants regarding their criminal and financial histories. In the event you decide to protect your organization by requiring certain employees to sign some type of restrictive covenants—non-competition, non-solicitation and/or non-disclosure—there are a host of legal and practical issues to consider. This webinar explores these and other issues so that you can be confident, going forward, that you are starting off on the right foot—legally, at least—when you hire new employees.
Part of the webinar series: PROTECTING YOUR EMPLOYEE ASSETS: THE LIFE CYCLE OF THE EMPLOYMENT RELATIONSHIP 2022
See more at https://www.financialpoise.com/webinars/
Most employers have heard at least one of these demands from their employees:
“You have to give me two 15-minute breaks.”
“You owe me overtime pay for last week.”
“You can’t make me work on Sundays.”
This webinar reveals the truths behind seven common employee misconceptions about time and pay laws. We’ll reveal the real truths behind these demands, according to the latest regulations. Just as important, you will walk away with a better understanding of how to protect your rights as an employer.
You will learn:
What the law really says about breaks (you may be surprised!)
When you can — and can’t — force employees to work on weekends and holidays
Whether or not you must pay employees for time spent traveling, training and commuting to work
Legal methods for minimizing overtime pay
When you should consider going above and beyond what the law requires
A Modern Look at Contractors v. EmployeesDiana Maier
Whether you’re a business owner concerned with making the right distinctions when engaging people to work with/for you, or a lawyer responsible for advising clients on the contractor v. employee distinction, this presentation could save you a lot of grief and money down the line.
Marin County-based employment lawyer Diana Maier and Carlos E. Torres, a Hearing Officer for the California Division of Labor Standards Enforcement (DLSE), discuss which factors matter most in deciding how to classify workers in light of recent legal decisions that are shifting those factors. In addition to covering a broad overview of the contractor v. employee debate, they also discuss ethical considerations for lawyers considering the question of contractor classification, and assess whether the sharing economy is due for extinction in light of recent rulings against companies such as Uber.
Top Legal Pitfalls When Managing Employees [Webcast Part 2: Employment Stage]LinkedIn Talent Solutions
Hiring, managing, and terminating employees is no easy feat. If not handled correctly, you and your company could be at risk of employment lawsuits costing millions of dollars. To help you, seasoned attorneys from Fenwick & West’s Employment Practices Group designed a 3-part webcast series specifically for small to mid-sized companies.
In the second webcast of the series, Saundra Riley, Senior Associate at Fenwick & West, will cover the hidden risks when managing employees including:
• How to classify workers as employees vs. contractors
• How to classify employees as exempt vs. non-exempt
• Top performance management mishaps
• Tips to giving performance coaching/reviews and avoiding employment discrimination claims
Learn more: http://bit.ly/1JKZe1Q
In 2014, employers were sued in more than 88,000 employment-related lawsuits. As managers in small to mid-sized businesses, it is critical to identify and avoid legal pitfalls when hiring, managing, and terminating employees. To help you, we’ve created a 3-part webcast series with seasoned attorneys from Fenwick & West’s Employment Practices Group.
In this first webcast, Sheeva J. Ghassemi-Vanni, Senior Associate at Fenwick & West, will cover the hidden risks in the initial stages of the employment process: recruiting and onboarding employees. She will address:
- An overview of discrimination law and how to legally screen candidates
- What red flags to look for when
- Interview dos and don'ts
This presentation explains the distinction between independent contractors and employees and advises employers how to avoid the costly errors of misclassifying employees as contractors.
Determining Upon Rapid Solutions In Appropriate Background Search
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Recruiting and Hiring, Including Restrictive Covenants (Series: Protecting Yo...Financial Poise
You only get one chance to make a first impression, so you want to make sure your company avoids unnecessary missteps when recruiting and hiring employees. Understanding what you can and cannot say during interviews and how to respond when a candidate volunteers information that may be considered “off limits” is essential. At the same time, there are a host of laws being passed throughout the country that address when and what sort of information you can request from applicants regarding their criminal and financial histories. In the event you decide to protect your organization by requiring certain employees to sign some type of restrictive covenants—non-competition, non-solicitation and/or non-disclosure—there are a host of legal and practical issues to consider. This webinar explores these and other issues so that you can be confident, going forward, that you are starting off on the right foot—legally, at least—when you hire new employees.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/recruiting-and-hiring-including-restrictive-covenants-2021/
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You only get one chance to make a first impression, so you want to make sure your company avoids unnecessary missteps when recruiting and hiring employees. Understanding what you can and cannot say during interviews and how to respond when a candidate volunteers information that may be considered “off limits” is essential. At the same time, there are a host of laws being passed throughout the country that address when and what sort of information you can request from applicants regarding their criminal and financial histories. In the event you decide to protect your organization by requiring certain employees to sign some type of restrictive covenants—non-competition, non-solicitation and/or non-disclosure—there are a host of legal and practical issues to consider. This webinar explores these and other issues so that you can be confident, going forward, that you are starting off on the right foot—legally, at least—when you hire new employees.
Part of the webinar series: PROTECTING YOUR EMPLOYEE ASSETS: THE LIFE CYCLE OF THE EMPLOYMENT RELATIONSHIP 2022
See more at https://www.financialpoise.com/webinars/
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Kicking the can down the road is rarely a good idea, particularly when it comes to spending the time (and money) to develop a set of policies and procedures that will cover your workplace. While downloading handbook from the internet for a nominal fee, may sound like a good idea, you generally get what you pay for as one-size-fits-all solutions are rarely as effective as solutions tailored to your needs. What makes the most sense for your organization? What policies are must-haves? What are the latest best practices when it comes to employee handbooks? What about training your staff and your managers? This webinar presents practical advice for employers looking to put themselves in the best position possible to not only defend against employment-related claims but—hopefully—to help avoid them in the first place.
To view the accompanying webinar, go to: https://www.financialpoise.com/financialpoisewebinars/on_demand_webinars/policies-procedures-and-proactivity/
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To view the accompanying webinar, go to: https://www.financialpoise.com/financialpoisewebinars/on_demand_webinars/i-know-what-you-did-last-summer-workplace-investigations/
Now, more than ever, employers must be prepared to promptly and effectively respond to complaints of workplace harassment and/or discrimination. Often, that requires knowing when and how to conduct an internal investigation. Given the significance of the issues often at stake and the potential for a negative outcome (attorneys’ fees, high dollar settlement, negative PR), learning on the fly is not a viable option when undertaking an investigation. This program covers a host of questions, including what sort of issues should be investigated, who should conduct the investigation, what steps should you take and in what order, who should be interviewed, what sort of documents should be created and how do you close out the investigation? It also explores the investigation process and provides guidance from a seasoned investigator as to how to handle the many issues that you will often confront during the course of an investigation.
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Now, more than ever, employers must be prepared to promptly and effectively respond to complaints of workplace harassment and/or discrimination. Often, that requires knowing when and how to conduct an internal investigation. Given the significance of the issues often at stake and the potential for a negative outcome (attorneys’ fees, high dollar settlement, negative PR), learning on the fly is not a viable option when undertaking an investigation. This program covers a host of questions, including what sort of issues should be investigated, who should conduct the investigation, what steps should you take and in what order, who should be interviewed, what sort of documents should be created and how do you close out the investigation? It also explores the investigation process and provides guidance from a seasoned investigator as to how to handle the many issues that you will often confront during the course of an investigation.
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Your Complete Compliance Guide For Hiring EmployeesJustworks
Congratulations are in order – you’re ready to hire your first employee! But growing your team can be complicated to navigate. Hiring new people demands compliance with a long list of laws and regulations: discrimination laws, tax withholdings, background check restrictions.
You can see how hiring might get messy without the help. Justworks’ slide will walk you through the labyrinth of staying compliant while hiring.
Background screening processes seem like a mystery to everyone outside of the employee screening industry. What is pre employment & post employment background checks, how does it take place?, What's the process? To answer some of the commonly asked questions about pre-employment background checks we have compiled a list of such questions that can help you better understand the need and its process in general.
A Spotlight On Vital Details For Legal Past History Searchsubduedbedding315
There are many reasons why background verifications are conducted by firms. First will be to figure ...
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Part of the webinar series: IP-301 POST-GRANT REVIEW TRIALS 2022
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Part of the webinar series: RESTRUCTURING, INSOLVENCY & TROUBLED COMPANIES 2022
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Part of the webinar series: PERSUASIVE BRIEF WRITING 2022
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Part of the webinar series: NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022
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Part of the webinar series: NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022
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Part of the webinar series: CORPORATE REGULATORY COMPLIANCE BOOT CAMP 2022 - PART 2
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M&A BOOT CAMP - 2022
See more at https://www.financialpoise.com/webinars/
Buying, selling, or merging a company typically follows a similar set of steps from deal to deal. The amount of time each step takes varies but the order of the steps is fairly uniform because the steps follow a certain logic: before the parties share meaningful information, they should sign a confidentiality agreement (a/k/a “non-disclosure agreement,” or “NDA”); once a baseline amount of information is known by the would-be buyer, it commonly presents a letter of intent or term sheet to the target or its owner, which serves as an outline for a deal but does not necessarily bind the parties to consummate the transaction; additional due diligence and the negotiation, drafting and signing of definitive documents comes next. The parties then obtain any needed regulatory and/or contractual third party approvals; followed by closing; and finally by post-closing tasks. This webinar will discuss all these steps from a macro perspective so that you can see the forest for the trees, but does not do a deep dive into any single topic. Think of this webinar as a road map or timeline for a typical deal.
Part of the webinar series:
M&A BOOT CAMP - 2022
See more at https://www.financialpoise.com/webinars/
CROWDFUNDING 2022 - Crowdfunding from the Investor's PerspectiveFinancial Poise
This webinar focuses on the opportunities that crowdfunding makes available to the investor, and how the investor should go about navigating this new world. We begin with a basic overview of the new regulatory regime, the requirements to invest, and the on-boarding process one should expect. We then dive deeper into the market opportunity, including how to access and select investments, and expectations investors should set for themselves and the projects they select. This is not intended to support any specific deal selection, but instead sheds a light upon the basic selection criteria available, the method to go about investing and what to avoid.
Part of the webinar series: Crowdfunding 2022
See more at https://www.financialpoise.com/webinars/
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
Instructions for Submissions thorugh G- Classroom.pptxJheel Barad
This presentation provides a briefing on how to upload submissions and documents in Google Classroom. It was prepared as part of an orientation for new Sainik School in-service teacher trainees. As a training officer, my goal is to ensure that you are comfortable and proficient with this essential tool for managing assignments and fostering student engagement.
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Acetabularia Information For Class 9 .docxvaibhavrinwa19
Acetabularia acetabulum is a single-celled green alga that in its vegetative state is morphologically differentiated into a basal rhizoid and an axially elongated stalk, which bears whorls of branching hairs. The single diploid nucleus resides in the rhizoid.
Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
Embracing GenAI - A Strategic ImperativePeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdfTechSoup
In this webinar you will learn how your organization can access TechSoup's wide variety of product discount and donation programs. From hardware to software, we'll give you a tour of the tools available to help your nonprofit with productivity, collaboration, financial management, donor tracking, security, and more.
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdf
Welcome to the Team! Recruiting and Hiring, Including Restrictive Covenants (Series: Protecting Your Employee Assets: The Life Cycle of the Employment Relationship 2020)
2. 2
Practical and entertaining education for
attorneys, accountants, business owners and
executives, and investors.
3. Disclaimer
The material in this webinar is for informational purposes only. It should not be considered
legal, financial or other professional advice. You should consult with an attorney or other
appropriate professional to determine what may be best for your individual needs. While
Financial Poise™ takes reasonable steps to ensure that information it publishes is accurate,
Financial Poise™ makes no guaranty in this regard.
3
4. Meet the Faculty
MODERATOR:
Charles Krugel - Law Offices of Charles Krugel
PANELISTS:
Helen Bloch - Law Offices of Helen Bloch, P.C.
Max Barack - Partner, Favaro & Gorman
Gary Savine - Savine Employment Law, Ltd.
4
5. About This Webinar -
Welcome to the Team! Recruiting and Hiring,
Including Restrictive Covenants
You only get one chance to make a first impression, so you want to make sure you’re your
company avoids unnecessary missteps when recruiting and hiring employees. Understanding
what you can and cannot say during interviews and how to respond when a candidate
volunteers information that may be considered ―off limits‖ is essential. At the same time, there
are a host of laws being passed throughout the country that address when and what sort of
information you can request from applicants regarding their criminal and financial histories. In
the event you decide to protect your organization by requiring certain employees to sign some
type of restrictive covenants—non-competition, non-solicitation and/or non-disclosure—there
are a host of legal and practical issues to consider. This webinar explores these and other
issues so that you can be confident, going forward, that you are starting off on the right foot—
legally, at least—when you hire new employees.
5
6. About This Series-
Protecting Your Employee Assets: The Life Cycle of
the Employment Relationship 2020
If you have employees or advise companies with employees, this webinar series is for you!
No employer—whether large, medium or small—is immune from the reach of federal, state
and/or local employment laws and regulations. Now, more than ever, employers should
consider taking a proactive approach to auditing their employment practices and policies so
that they can better respond when issues arise. This webinar series approaches the
employer-employee relationship from beginning to end, with programs covering the most
important steps along the way, including hiring and onboarding, policy and procedure
development and training, wage and hour compliance, accommodating disabled employees,
conducting investigations and considerations associated with ending the relationship.
Each Financial Poise Webinar is delivered in Plain English, understandable to investors, business owners, and
executives without much background in these areas, yet is of primary value to attorneys, accountants, and other
seasoned professionals. Each episode brings you into engaging, sometimes humorous, conversations designed to
entertain as it teaches. Each episode in the series is designed to be viewed independently of the other episodes so that
participants will enhance their knowledge of this area whether they attend one, some, or all episodes.
6
7. Episodes in this Series
#1: Welcome to the Team! Recruiting and Hiring, Including Restrictive Covenants
Premiere date: 1/28/20
#2: An Ounce of Prevention: Policies, Procedures and Proactivity
Premiere date: 2/25/20
#3: Show Them the Money: Wage & Hour Compliance
Premiere date: 3/24/20
#4: Time for a Break: Managing Leaves of Absence and Accommodating Disabilities
Premiere date: 4/28/20
#5: I Know What You Did Last Summer: Workplace Investigations
Premiere date: 5/19/20
#6: It’s So Hard To Say Goodbye: Minimizing Risk When Terminating Employees
Premiere date: 6/16/20
7
8. Episode #1:
Welcome to the Team! Recruiting and Hiring,
Including Restrictive Covenants
8
9. Risks in Hiring and Interview Process
• Aspects of recruiting that could trigger discrimination claim:
Advertising and describing job vacancies
Conducting interviews
Making an offer of employment
Rejecting an applicant
Setting compensation
9
10. Risks in Hiring and Interview Process
• Ways to minimize risks of discrimination claim:
Determine applicable federal, state and local laws and the protected
classes covered by each
Ensure that individuals in recruitment process are trained to identify
and avoid potential discriminatory practices
Identify the essential qualifications and functions of each position
Focus on objective criteria in the interview and selection process
10
11. Social Media Issues in Hiring
• Law in this area is still developing
• You do not want to learn info about applicant’s race, religious beliefs, genetic
conditions, sexual orientation, age, national origin
• Can minimize potential liability by either:
Not conducting social media searches at all; or
Using someone other than the interviewer to conduct social media screening,
and ensure that person only passes lawful info to the interviewer
• Trend in state law is to prohibit asking candidate for access to their social media
accounts
11
12. Identify Essential Functions of Position
• Create/review position description
• Document detailed tasks to be performed outside of PD
• Identify most important competencies/tasks for the position
• Realistically evaluate/document physical requirements
• Use this information in developing various materials
• Job posting and behavioral interview questions
12
13. Internal Posting Considerations
• Ensure ALL openings are posted
• Ensure ALL employees are made aware of openings
• Ensure ALL interested employees have opportunity to apply
• Risks associated with employee referrals
• What happens if you depart from standard practices?
13
14. Employment Applications
• Certification of accuracy with signature block can be used effectively in subsequent
proceedings if applicant misrepresented information
• Asking about reasons for leaving prior positions or whether individual was involuntarily
separated may also yield valuable information
• If sourcing applicants in multiple jurisdictions, tread carefully regarding criminal
background inquiries
• Similarly, questions about past salary history are prohibited/limited in certain
jurisdictions
• You may inquire about immigration status on the application but be careful because
overly broad questions can lead to discrimination claims
14
15. Background Checks
• Best way to assess information about job applicants
• May learn about an applicant’s job history, credit history or personal
character
• Decide whether you will call references
• Potential legal exposure if do not
• May conduct internally or use a third party provider, known as a Consumer
Reporting Agency.
15
16. Background Checks
• FRCA applies to the use of third-party service providers to obtain background
information on applicants.
• Before obtaining a consumer report from a CRA, an employer must:
Notify the applicant in writing that it will obtain a consumer report
Obtain the applicant’s written consent
Certify to the consumer reporting agency that they have complied with
FCRA
Meet additional requirements, including personal interviews
• FRCA does not apply to employers conducting background checks on their own
• But in-house background checks may be regulated by state law
16
17. Background Checks
• Beware ―click wrap‖ acknowledgments.
• Notice must be in writing and in a stand-alone format.
• Notice cannot be in an employment application.
• Employer may can include some minor additional information in the notice, like a
brief description of the nature of consumer reports, but only if it does not confuse or
detract from the notice.
• If you want the authorization to allow you to get consumer reports throughout the
person's employment, make sure you say so clearly and conspicuously.
17
18. Background Checks
• Before You Take Adverse Action (reject applicant, terminate, etc.):
Provide individual with a notice that includes a copy of the report you
relied on; and
a copy of A Summary of Your Rights Under the Fair Credit Reporting
Act.
18
19. Background Checks
• After You Take Adverse Action:
Give a notice of that fact – orally, in writing, or electronically.
The notice must include:
o The name, address, and phone number of the consumer reporting company
that supplied the report;
o A statement that the company that supplied the report did not make the decision
to take the unfavorable action and can't give specific reasons for it; and
o A notice of the person's right to dispute the accuracy or completeness of any
information the consumer reporting company furnished, and to get an additional
free report from the company if the person asks for it within 60 days.
19
20. Screening Process
• Determine what qualifications are required to progress to each step
• Do not allow those without to advance beyond
• Consider use of third party provider
• Consider having someone other than hiring manager to pre-screen
• Document steps and reasons
20
21. Wage and Hour Law
• Comply with minimum wage and OT laws!!
• Make sure you know FLSA/state law basics
• Current Federal Minimum Wage is $7.25/hr. (unchanged since July 2009)
• Chicago: $12 effective July 1, 2018 $13 effective July 1, 2018
• Non-exempt employees must receive an overtime premium of 1 ½ x their
regular rate of pay for all hours worked in excess of 40 in any workweek
21
22. Employee Classification: Employee or Contractor?
• Classify workers correctly to avoid potential lawsuits and penalties by the
DOL
• It may appear that using independent contractors saves costs.
• This is not the case if the worker is actually an employee.
• Assuming the worker is working solely or primarily for your company, the
worker is, in all likelihood, an employee.
• Economic realities & degree of control
22
23. Employee Classification: Exempt Vs. Non-Exempt
• Appears to ―save‖ costs is by treating most employees as exempt from the
FLSA.
No overtime, no uncertainty.
But huge misclassification risk.
• Job titles do not determine exempt status; the only thing that can determine an
employees’ status are duties and responsibilities.
• Assume all workers are non-exempt
• Entitled to overtime pay for over 40 hours worked
• Higher level employees may be exempt if certain criteria are met
23
24. Exemption Types
• Executive
• Administrative
• Professional
• Outside Sales
• Commissioned Employees
• Certain Computer-Related Workers
24
25. Protecting Trade Secrets
• Information not generally known to others that gives an employer a
competitive advantage
Confidential information
Information has economic value
• Subject of reasonable efforts to maintain its secrecy
• Generally defined by state law – a large majority of states have adopted
the Uniform Trade Secret Act
25
26. Protecting Trade Secrets
• Fact-specific inquiry
• Factors courts consider include
Whether the information is known outside of the owner’s business
Measures taken by the owner to guard the secrecy of the information
The value of the information to the owner and to the competitor
The amount of effort or money expended by the owner in developing the
information
The ease or difficulty with which the information could properly be acquired or
duplicated by others
26
27. Protecting Trade Secrets
• Tell employees what information is confidential and require signed employment
agreements
Duty to Maintain Confidentiality
Restrictions on Solicitations of Customers
Restrictions on Solicitations of Employees
Duty to Return Confidential and Proprietary Information
• Safeguard computer-based information
Password protections
Anti-deletion programs
Mark information confidential (hard copy and electronic)
27
28. Confidentiality, Non-Disclosure Agreements
• Whether a non-disclosure agreement (NDA) is enforceable rests on the somewhat
vague notion of ―reasonableness.‖
• The scope of NDAs varies by state
• However, courts typically look at several factors when determining whether or not
an NDA is reasonable, including:
Interests of the disclosing party in keeping the information secret
Period of time the information must be kept secret
Burden of compliance on the receiving party
Interests of the public
• Also, the information that an employer is seeking to protect must actually be
confidential
28
29. Non-Compete Agreements
• Require employees to enter into a non-competition agreement before beginning
work
• Agreement does not take effect until after the employee-employer relationship has
ended
• Generally, in order to be considered valid, a non-competition agreement must:
Be supported by consideration at the time it is signed;
Protect a legitimate business interest of the employer; and
Be reasonable in scope, geography, and time
29
30. Non-Compete Agreements
• Some states do not permit non-competition agreements at all
Examples: Oklahoma, North Dakota and California
• Most courts disfavor non-compete agreements – but they are not prohibited
restraint on trade interferes with competition and impairs the availability of
services and the ability of workers to follow personal interests
courts will still scrutinize non-compete agreements closely
important to have a reasonable non-compete agreement that is narrowly
tailored
30
31. Non-Compete Agreements
• Regardless of how well a non-compete agreement is written, no court will enforce
it unless the employer can identify a legitimate business interest that the restrictive
covenant seeks to protect
• Case law has expanded upon the meaning of legitimate business interest but this
also varies by jurisdiction
• Typically, court’s will apply a totality of the circumstances review to determine
whether the employer has identified a protected business interest
31
32. Hiring Employees with Restrictive Covenants
• KEY: Take Reasonable Steps to Protect your Business from Interfering With
Competitors’ Restrictive Covenants.
• Interview Stage
When considering a new hire, ask during the interview whether the individual is
subject to any employment agreement
Obtain copies of the employment agreement pre-hire
Inform the applicant that Company insists on full compliance with employment
agreements
Company does not want applicant to disclose or use any of the competitor’s
confidential or proprietary data
• Hire Stage: Confirm in offer letter that Company expects employees to comply with
former employer’s agreements.
32
33. Making an Offer
• Confirm at will status, if applicable
• Issues to address in offer letter:
Salary
Benefits
Relocation/Sign-on Bonus
• Employment for a definite term – define cause to terminate
• Do not forbid salary discussions
33
34. Delivering Bad News
• Nobody likes rejection
• Importance of closure
• Do you owe them an explanation?
• What should you say?
• What should you not say?
34
36. About The Faculty
Charles Krugel - cak1@charlesakrugel.com
As a management side labor & employment attorney & human resources (HR) counselor,
Charles Krugel, www.charlesakrugel.com, has 24 years of experience in the field & has been
running his own practice for 18 years. His clients are small to medium sized companies in a
variety of industries. Charles has been lead negotiator for hundreds of labor & employment
agreements & contracts. Additionally, he’s litigated dozens of court cases, administrative
proceedings & arbitrations. In addition to providing traditional labor & employment law
services, he represents companies desiring to institute preventive & proactive HR functions.
These functions include policies & procedures, which help to efficiently & discreetly resolve
issues in-house & prevent lawsuits & complaints; they also help to reduce costs & act as
catalysts for increasing productivity & profits. Moreover, he’s frequently the subject labor &
employment law related TV, radio & print interviews.
36
37. About The Faculty
Gary Savine - gnoah@savinelaw.com
Gary Noah Savine is an employment lawyer and the founder of Chicago-based law firm
Savine Employment Law, Ltd. Gary brings to the table over twenty years of legal expertise
and hands-on experience, working around the globe, shoulder-to-shoulder with senior
executives and human resource professionals solving the thorniest of workplace disputes.
Before starting his firm, Gary practiced employment law exclusively at two of Chicago’s
largest law firms and served as chief employment counsel at Navistar (NYSE: NAV) and Hill-
Rom Holdings (NYSE: HRC). Gary frequently speaks and writes about employment law
issues. He has written and presented before the American Bar Association, the National
Employment Lawyers Association, the Northern Illinois Society for Human Resources
Management, the Northern Illinois Franchise Association and the American Conference
Institute. Gary received his law degree cum laude from the University of Michigan Law School
in 1996. More information about Gary’s firm can be found at www.savinelaw.com.
37
38. About The Faculty
Helen Bloch - hbloch@blochpc.com
In 2007, Helen Bloch founded the Law Offices of Helen Bloch, P.C., a general practice firm that is a
Certified Female Business Enterprise. In the employment & business context, Helen represents clients on
all sides of the employment relationship- individual employees, managers, or employers. Routinely Helen
negotiates & counsels clients on employment agreements, including non-competition, confidentiality, &
severance agreements. Also, she drafts employment handbooks & various policies & procedures. Helen
will advise businesses on best practices, including providing sexual harassment training. Helen has
lectured on topics such as gender role in the law, legal issues affecting small businesses, & legal rights &
obligations from multiple sides of the employer-employee relationship. For the past two years she has
been selected for inclusion in Super Lawyers in the area of employment law. Helen is President of the
Decalogue Society of Lawyers & serves on the Alliance of Bar Associations, where she assists in
screening judicial candidates. Her other bar association memberships include the Illinois chapter of the
National Employment Lawyers Association, Women’s Bar Association of Illinois, & the Illinois State Bar
Association. An active National Association of Women Business Owner’s (NAWBO) member, Helen
leads NAWBO’s Lincoln Park Business Exchange Group.
38
39. About The Faculty
Max Barack - MBarack@favarogorman.com
Max is a partner at Favaro & Gorman, Ltd., where he has worked since January 2017. He
concentrates his practice primarily on representing plaintiffs in their claims of discrimination,
as well as wage and hour violations, whistleblower actions, and severance negotiations. He
has extensive litigation experience, with a focus on electronic discovery (ESI). He has
represented and assisted employers in defending discrimination and wage and hour disputes,
including in department of labor investigations. He is a member of the Board of Directors of
the National Employment Lawyers Association of Illinois and co-chair of its Legislative
Committee. He is a regular contributor to the Chicago Bar Association's @theBar blog, and is
fluent in Spanish. To read more about Max,
visit <https://www.favarogorman.com/attorneys/max-barack-2/>.
39
40. Questions or Comments?
If you have any questions about this webinar that you did not get to ask during the live
premiere, or if you are watching this webinar On Demand, please do not hesitate to email us
at info@financialpoise.com with any questions or comments you may have. Please include
the name of the webinar in your email and we will do our best to provide a timely response.
IMPORTANT NOTE: The material in this presentation is for general educational purposes
only. It has been prepared primarily for attorneys and accountants for use in the pursuit of
their continuing legal education and continuing professional education.
40
41. About Financial Poise
41
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