The NLRB’s guidance and Effective Employee Handbooks: what you need to know

Stuart Silverman

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Writing effective Handbooks is one of the most overlooked areas of a company. However, for a while the language found in handbooks could create liability for companies. That seemed to change in December 2017 when the NLRB issued its decision in Boeing. But since then employers have faced significant confusion about how the Board would evaluate workplace policies under the NLRA and how to place workplace rules into the three categories defined in the decision. On June 6, 2018, the general counsel of the NLRB published guidance on how the Boeing standard should be applied, and in doing so gave us tremendous insight in how to write effective handbook policies. This webinar explores this and gives a new appreciation for writing effective handbooks.

Course Objective:

  • How are the EEOC and courts addressing disputes concerning telecommuting as reasonable accommodation under the ADA?
  • How should an employer respond to an employee's request for reasonable accommodation such as a transfer or telecommuting arrangement?
  • What information should an employer gather in determining how to respond to a request for as a reasonable accommodation under the ADA?
  • What are some effective strategies for employers defending employee suits challenging denials of requests for reasonable accommodations?
  • Under what conditions might a delay in implementing accommodation constitute a constructive discharge?

Course Outline:

  • What is an employer’s obligation to provide a “reasonable accommodation”
  • Why should the employee initiate the request for accommodation?
  • When requesting a reasonable accommodation what should the process between employer and employee look like?
  • What is meant by “effective and reasonable accommodation”? 
  • What are some of the possible penalties for noncompliance? 
  • Most recent case law and EEOC regulatory developments regarding telecommuting, reassignment, predictable shifts and leaves of absence as reasonable accommodations
  • What specific Employers are covered under this Act and their responsibilities
  • What Employees are covered under this Act and their responsibilities
  • What Leave is Provided to Covered Employees 
  • Returning to Work, rights, and responsibilities of the employee and Employer

Target Audience:

  • HR Professionals
  • In-House Counsel
  • Managers
  • Business Owners
  • CEO’s

General Counsel:

Any Manager or Employee with the responsibility of terminating other employees

Webinar Events
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Training CD-DVD

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Recorded video session

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Speaker: Stuart Silverman,

Stuart Silverman has been practicing law for almost 30 years and is the principal of the Law Offices of Stuart M. Silverman, P.A., located in Boca Raton, Florida. The emphasis of his practice is in the area of labor and employment law, and business and commercial litigation. Mr. Silverman has represented both private and public employers, as well as individual employees in a whole host of complex business disputes and employment settings at administrative levels, and state and federal trial and appellate courts. His extensive employment litigation experience includes claims under age, race, sex discrimination, wage and hour claims, whistleblower and retaliation claims, ADA and FMLA claims, public employee's claims, as well as disputes under employment contracts, non-compete agreements, trade secrets disputes, and partnership breakups. Mr. Silverman is a frequent speaker on his areas of practice.

Mr. Silverman is also a member of The Workplace Violence Prevention Institute (WPVI), a group formed to investigate solutions and strategies from a proactive and systemic perspective to minimize the risk of workplace violence and school violence, specifically violence caused by employees or former employees or former students. He earned his B.A. degree, with high honors, and his J.D. degree from Rutgers University. Mr. Silverman is admitted to The Florida Bar and the U.S. District Court for the Southern District of Florida.