2015 Fundamentals of Employment Law

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1 Labor and Employment Law 2015 Fundamentals of Employment Law LIVE and WEBCAST PROGRAM Friday, June 12, 2015 NC Bar Center Cary CLE Credit: 5.0 Hours Plus 7 Video Replays Employment law is critically important to businesses and to the general public as the rights and responsibilities of employers and employees continually develop and evolve. The United States Congress and the North Carolina General Assembly continue to change the laws, and judicially-interpreted nuances of employment law continue to expand. This program provides a general overview and explanation of basic issues in each of the major areas that employment lawyers regularly address. Experienced practitioners presenting their practical knowledge and viewpoints Detailed papers with citations to case law, statutes and applicable regulations A basic primer and useful update condensed into one CLE that you can access in-person or Planned by the NCBA Labor and Employment Law Section NCBAorg

2 The Fine Print Registration Registrations (including door registrations) are limited to available space, which may include a live video broadcast overflow room. MCLE Credit The NC Bar Association Foundation is an accredited CLE sponsor under the MCLE Regulations promulgated by the NC State Bar Board of Continuing Legal Education. This program is approved (but not sponsored) by the Board for the designated number of CLE hours. It is the responsibility of each attorney to maintain a record of his/her attendance at CLE programs for the NC State Bar annual report. MCLE credit is reported only if NC State Bar number is provided. NCBA CLE Passports Passport holders exceeding the 24-hour limit for attorneys or the 12-hour limit for paralegals will be charged $75 per program. Transfers Registrants may transfer from a Live program, Video Replay, Webcast, Webinar or Phone/Audio Streaming Program without penalty within three working days after the program date. Cancellations Cancellations must be received by 9 a.m. the third working day prior to the program to qualify for a refund (less $25 administrative fee). Those not attending will receive the digital program materials in full consideration of tuition paid. Inclement Weather NCBAF makes every effort to notify registrants when a program is cancelled or delayed due to weather. If inclement weather is forecast, please check your local news listings or contact the location where your program is being held. Bar Association programs will follow the work schedule of the hosting institutions, to include delayed openings. CLE Scholarships A limited number of scholarships are available to members in financial need. Contact Membership Services at or akemple@ncbar.org. Agenda Friday, June 12, :15a-8:55a Registration and Continental Breakfast 8:55-9:00 Welcome and Introductions 9:00-10:00 Introduction to Federal Employment Discrimination Law Rowan Learn the fundamentals of the critical federal statutes governing claims of unlawful discrimination in employment based on factors such as race, color, religion, sex, national origin, age and disability. 10:00-10:45 FMLA Thurman An overview of the Family and Medical Leave Act of 1993, as amended, its purpose, the employers and employees to which it applies and the everevolving ways in which it has been interpreted by the United States Department of Labor and the courts. 10:45-11:00 Break 11:00-11:45 FLSA/NC Wage and Hour Act Lay An introductory presentation of the complex requirements of the Fair Labor Standards Act of 1938, and the North Carolina Wage and Hour Act and related regulations, including minimum wage, overtime and wage payment requirements. 11:45-12:30p Networking Lunch (included at Live program only) 12:30-1:30 Introduction to North Carolina Employment Law Wetsch This presentation provides a basic overview of the common-law doctrine of employment-at-will and North Carolina statutory and common-law claims including wrongful discharge in violation of public policy, REDA and employment-related torts including negligent hiring and retention of employment, tortious interference with contract, defamation, malicious prosecution, abuse of process and intentional and negligent infliction of emotional distress. Brought to you by the North Carolina Bar Association Foundation CLE

3 1:30-2:15 Restrictive Covenants in Employment Wall This presentation discusses the types, elements and enforceability of contractual covenants restricting an employee s ability to compete with his or her employer after the employment relationship. 2:15-2:30 Break 2:30-3:15 Unemployment Benefits and Practice before the Division of Employment Security Monteith Covers the nuts and bolts of the unemployment insurance system including employer taxing and charging, benefit eligibility requirements, administrative procedures and judicial review. 3:15 Adjourn Program Planners Jessica E. Leaven, Grimes Teich Anderson LLP, Asheville Grant B. Osborne, Ward and Smith PA, Asheville Speakers Wood W. Lay, Winston & Strawn LLP, Charlotte Charles E. Monteith Jr., Monteith & Rice PLLC, Raleigh Vicki B. Rowan, Charlotte Frederick M. Derick Thurman Jr., Shumaker Loop & Kendrick LLP, Charlotte Jonathan Jon Wall, Higgins Benjamin PLLC, Greensboro Laura J. Wetsch, Winslow Wetsch PLLC, Raleigh Program materials are 100% DIGITAL

4 2015 Fundamentals of Employment Law Preferred Hotels (closest to the NC Bar Center) Contact hotel directly for reservations and guest services. Rates based on availability. To guarantee your room at this special rate, contact the hotel today and mention you are with the NC Bar Association. Embassy Suites 201 Harrison Oaks Boulevard Cary Rate: Reservations: $159 Single/Double. Includes full cooked-to-order breakfast and manager s evening reception Reference Corporate ID: NCB or NC Bar Rate Cutoff Date: June 11, 2015 TownePlace Suites by Marriott 120 Sage Commons Way Cary Rates: Reservations: $96 studio queen with sleeper sofa (Sunday-Thursday). Includes complimentary continental breakfast. All rooms come standard with a fully equipped kitchen Ask for the NC Bar Association corporate rate. Video Locations To qualify for the Early Bird ( ) tuition, registration must be received one week prior to program date. NC State Bar rules require a minimum number of pre-registered active State Bar members. The NCBAF reserves the right to cancel any video program prior to the program date if registrations do not meet the NC State Bar requirement. Visit to confirm video replay registration and program start times. CLE credit hours at Video Replays are subject to change. Video Replays are 100% DIGITAL Asheville Wednesday, August 5, 2015 Biltmore Mall 890 Brevard Road Crown Room Site Contact: ( July 29, 2015) #385ASV Cary Thursday, October 8, 2015 NC Bar Center 8000 Weston Parkway Dorsett Auditorium Site Contact: CLE Department or (ask for CLE) ( October 1, 2015) #385BAR Cary Thursday, December 17, 2015 NC Bar Center 8000 Weston Parkway Dorsett Auditorium Site Contact: CLE Department or (ask for CLE) ( December 10, 2015) #385BR2 Charlotte Friday, October 16, 2015 Hampton Inn and Suites 6700 Phillips Place Court Conference Rm Site Phone: ( Oct. 9, 2015) #385CHA Gastonia Thursday, January 14, 2016 Gastonia Conference Center 145 South Marietta Street Room 203 Site Phone: ( January 7, 2016) #385GAS Wilmington Friday, August 14, 2015 Country Inn & Suites 4706 New Centre Drive Meeting Room Site Phone: ( Aug. 7, 2015) #385WLM Winston-Salem Friday, July 31, 2015 Best Western Plus, Hanes Mall 3330 Silas Creek Parkway Meeting Room Site Phone: ( July 24, 2015) #385WIN

5 2015 Fundamentals of Employment Law #385FEL on 6/12/15 NC Bar Association Foundation Registration/Order Form B Print Full Name Firm/Agency Name Street Address P.O. Box City, State, Zip Code Daytime Phone/Daytime Fax Address For MCLE Credit list both: NC State Bar No. NCBA No. q Check if any information has changed. Program Choice Registration must be received one week prior to program date for Early Bird tuition. Live Program q June 12, 2015 Cary #385FEL ( June 5, 2015) Webcast Program q June 12, 2015 #385LWC Video Replays q August 5, 2015 Asheville #385ASV q October 8, 2015 Cary #385BAR q December 17, 2015 Cary #385BR2 q October 16, 2015 Charlotte #385CHA q January 14, 2016 Gastonia #385GAS q July 31, 2015 Winston-Salem #385WIN q August 14, 2015 Wilmington #385WLM Payment Options Registration is processed only after payment is received. Total $ q Check enclosed payable to NC Bar Foundation q Visa/MC/AmEx Live and Video Replay Tuition Early Bird Regular Rec vd less Tuition includes Rec vd one than one digital program materials. week before week before program program The following categories include the MCLE fee and materials. q NCBA Labor and Employment Law Section Member $205 $255 q NCBA Member $225 $275 q Non-Member $275 $325 The following categories do not qualify for Early Bird tuition. q Full-time *LANC Attorney q 1st Yr. Licensed in NC q CLE Passport The following categories do not include any MCLE fee. Acct. # Exp. Date Signature $135 $99 5 tokens q Judge $25 q Clerk of Court $25 q Law Professor $25 q Law Student Division Member $25 q Paralegal Division Student Member $25 *Legal Aid of NC Webcast Tuition q NCBA Labor and Employment Law Section Member $280 q NCBA Member $300 q Non-Member $350 q Full-time *LANC Attorney $160 q 1st Yr. Licensed in NC $124 q CLE Passport 5 tokens Your CLE tuition includes mandatory State Bar fees.these fees are used to administer the State Bar s Mandatory Continuing Legal Education program and to support both the Chief Justice s Commission on Professionalism and the Chief Justice s Equal Access to Justice Commission. Your tuition also includes digital access to all program materials. 4 ways to register: Phone CLE* Website* Fax CLE* *Credit card only *Credit card only *Credit card only *Check or credit card Mail* Attn: Accounting NCBAF P.O. Box 3688, Cary, NC 27519

6 2015 Fundamentals of Employment Law Program HIGHLIGHTS Friday, June 12, 2015 Comprehensive introduction to key employment laws Covers both federal and North Carolina employment laws Designed for both the general practitioner and attorneys who regularly represent employers or employees PO Box 3688 Cary, NC Nonprofit Org. US Postage PAID Raleigh, NC Permit #297 FOR N.C. LAWYERS NCBA FOUNDATION BY N.C. LAWYERS 100% HOMEGROWN BY N.C. LAWYERS CLE FOR N.C. LAWYERS The presenters were very well-versed and experienced in their topic areas. Really nice program; I appreciate the level of substance in the handouts. Excellent general overview! -Attendees, 2013 Fundamentals of Employment Law

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