Employment Law Training for Managers

Training your managers in the basics of employment law is essential, given ever-changing laws and regulations as well as the growing number of large recoveries made by employees following a supervisor’s failure to follow state or federal statutes. In fact, employment law training is one of the best investments your company can make.

Educating Your Supervisors

Holland & Knight’s Labor and Employment Group understands the damage to morale, productivity and the bottom line that discrimination and harassment claims, among others, can cause your company. Our employment law and employment litigation attorneys are well prepared to periodically educate your managers and supervisors on ways to identify, deal with, and help prevent violations of state and federal employment law – using the latest technology in lectures, role-playing exercises, discussions and quizzes.

Training at a Location Best for You

The optimal site for manager training differs with each client. Our employment labor law attorneys will train at your facilities, in our offices, by teleconference or at a neutral site.

Basic Training

Two levels of manager training, basic and advanced, are available from Holland & Knight’s experienced team. Our “basic training” modules include the following:

• employment discrimination law overview – a foundation that provides your managers with a basic working knowledge of federal and state laws that affect the workplace
• interviewing – teaching your managers to conduct interviews and distinguish between proper and improper questioning; explores different types of employment relationships, and how to initially establish the desired relationship
• handling performance issues – how to promptly counsel employees regarding poor performance and implement a progressive discipline process, as well as how to properly document performance problems, such as drugs, alcohol and workplace violence
• performance evaluations – instruction on how to properly complete a performance evaluation, including ways of focusing on job-related issues rather than subjective judgments; also includes recommendations on how to be honest and candid
• documentation – proper documentation methods, beginning with the recruiting process and ending with the termination process; stresses the importance of prompt, specific, accurate and honest documentation
• discrimination, harassment and retaliation – an examination of the managerial role in preventing, recognizing and handling workplace harassment, especially sexual harassment, and looks at the company’s legal obligations and the manager’s personal responsibilities when either discrimination or harassment complaints are received; examines ways to avoid retaliation claims in connection with these complaints
• absences, leaves and reasonable accommodation – handling the problems of employee absences, leave requests and reasonable accommodation needs in compliance with federal and state laws, including the Americans with Disabilities Act, the Family and Medical Leave Act, and workers’ compensation laws
• termination – how to consider alternative measures prior to making the termination decision, the importance of proper documentation, consistency with past company practices in similar situations, and a step-by-step termination procedure

Advanced Training

You can also obtain more in-depth training for your managers with these advanced training sessions, which are presented singly or in combination:

• Americans with Disabilities Act – who is covered by this law, what is a disability, what is required as a reasonable accommodation and what an employer can claim as an undue hardship when considering a reasonable accommodation; what your managers can legally ask job applicants and employees about their medical conditions without violating the ADA
• Family and Medical Leave Act – comprehensive training on the Family and Medical Leave Act, with a focus on who is eligible, what types of family and medical leave is covered, how to properly notify the eligible employee about FMLA coverage and how paid leave should be handled; includes detailed information on how to define a serious health condition, what is required for intermittent leave and how to return an employee to the same or equivalent position after a return from family or medical leave
• Fair Labor Standards Act (Wage and Hour) – information on minimum wage requirements and exceptions; overtime regulations, including what should and should not be included in overtime pay calculations; the difference between exempt and non-exempt status and how to avoid misclassifying employees; the permissible deductions from salaried employees; and the civil and criminal penalties for violations of this law
• privacy and technology in the workplace – a discussion of electronic monitoring, employee surveillance and privacy, as well as managerial responsibilities regarding email and Internet use by employees and how email can be the basis for potential liability
• workplace violence – how to spot the warning signs of violence and the various types of violent behaviors; the legal considerations surrounding workplace violence, including negligent hiring and retention, and OSHA requirements as well as general guidelines for preventing workplace violence, including how to deal with such situations when they occur
• dealing with union activity – how to handle situations involving unions and union organizing activities, an overview of various federal laws related to collective bargaining, labor unions and right-to-work states, training on what can and cannot legally be said to employees about unions, addresses questions employees frequently ask about unions and prepares your managers with lawful responses

Training Your Non-Managers About Workplace Harassment

Your company will benefit from training its non-managerial employees on the legal ramifications of workplace harassment. You can rely on our employment training law professionals in this area as well. In our short training session for non-managerial staff, your employees will learn what groups are legally protected from discrimination, harassment and retaliation; what behaviors constitute harassment; and how your employees can evaluate their own behavior to avoid offending co-workers.