Henderson, Franklin, Starnes & Holt, P.A.

12472462_1068263593215300_3007634210112393767_nLast week we hosted the 24th Annual HR Law & Solutions seminar. THANK YOU to the 340 attendees (record attendance!) who helped us make it such a great success! As usual, our Henderson Franklin crew had a blast getting to catch up with so many familiar faces, and we were excited to welcome many new faces in the crowd as well.

In addition to a full morning of education on various employment law topics, we featured two fantastic guest speakers, Jennifer Shirkani and Ethan Wall. We also inducted Laura Boyette, Marty Bryson, Marianne Davis, Carol Docker (pictured above) and Tracey DiBiase (pictured below) into the HR Law & Solutions Hall of Fame. Additional photos from the day can be found on Henderson Franklin’s Facebook page. 12670625_1068263719881954_4434719861077534437_n

Special thanks goes to our amazing major sponsors, Lykes Insurance and Gravity Benefits. Our seminar would not be the same without our long-standing partnership with lunch sponsor Lykes, and Gravity was a fantastic addition as this year’s breakfast sponsor. We look forward to partnering with both groups for years to come.

Speaking of years to come, next year is huge – it is our 25th Anniversary! Planning is already underway for what we hope proves to be our biggest and best seminar yet! This is where you come in – we would like your feedback on how we can achieve this goal. First up? Choosing the date. Historically, we’ve done the seminar on Tuesdays. This year, it was Monday. In the seminar evaluations, a few people suggested that Friday would be the best day (we really do read every single evaluation!).  What say you, readers?

Once we have shored up a date and location, we will be asking for your feedback on topics you would like to hear, and what format(s) you prefer. What better way for us to ensure the 25th Annual HR Law & Solutions is the best ever, but to give you, our faithful attendees (and future attendees!) what you want?

Thank you all in advance for your feedback. If you have additional thoughts, please know we are always interested in hearing them!

On behalf of the entire employment law team at Henderson Franklin, I want to send a final heartfelt thanks to our attendees and sponsors for making last week’s seminar so amazing. It really is like a reunion to us, and although there is an incredible amount of work that goes into it (especially from Gail Lamarche!), it is absolute one of the highlights of each year for us.

See you in 2017!

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We are so excited to announce that registration is now open for the 2016 HR Law & Solutions Seminar. Now in its 24th year, this full-day seminar is a fantastic opportunity for both new and experience HR professionals and other business executives to learn about important employment laws, network with their peers, and, of course, have a little fun! This year, we return to the gorgeous Sanibel Harbour Resort and Spa on, Monday, April 4, 2016. Topics and speakers include:

  • Legislative and Case Law Update. Attorneys Robert Shearman and Vicki Sproat will provide an interactive update on notable court decisions, including cases addressing contentious employment policies and contract provisions, and other noteworthy employee claims.
  • The Intersection of Immigration and Employment Law: What You Need to Know and Probably Don’t. Immigration law is a hot button topic in our country’s current political landscape, particularly since this is an election year. For many HR professionals, the relevancy of immigration law is limited to I-9 forms and E-Verify. Attorney Tulio Suarez will give attendees insight on key immigration-related HR issues potentially faced by all employers.
  • Breakout Sessions. Henderson Franklin’s employment law, immigration, and workers’ compensation attorneys will break out in smaller groups to facilitate discussions and give attendees an opportunity to gain more information on specific topics of interest to them and answer any legal questions on any aspect of laws and issues impacting their workplace. More specifically:
    • Welcome to the Company, Please Sign Here. In such a litigious climate, it is more important than ever for employers to have their workplace documentation in order from the start of the employment relationship. Attorneys John Agnew and Suzanne Boy will give HR professionals, business owners, and managers guidance on how to prepare and implement solid employment policies and contracts.
    • You’re From the Government, and We’re Here to Help. Claims against government or other public sector employers often present special challenges. Attorneys John Potanovic and Bob Shearman will delve into the framework of, and best practices in dealing with, Florida Public Sector Whistleblower claims and Constitutional claims.
    • Tips to Recognize, Reduce, and Deal with Workers’ Compensation Fraud in the Workplace. For many HR professionals, employers, agents, attorneys and adjusters, fraud in the workers’ compensation system is often frustrating and confusing. Attorneys David Roos, Michael McCabe and Tania Ogden will give attendees insights on key issues and strategies to recognize and identify insurance fraud at the time of hire, after a reported work accident, during the course of providing benefits and how to best deal with the situation.
  • Ego vs. EQ: How Top Business Leaders Beat Eight Ego Traps with Emotional Intelligence. Somewhere along the line, while climbing the corporate ladder or growing their own company, highly-technical strong employees can struggle with maintaining a healthy level of Emotional Intelligence (EQ) that keeps them connected to their workforce and grounded in the day-to-day realities of their business. The risk of falling into “ego traps” increases, hurting the business and threatening their hard-won success. In this session guest speaker Jennifer Shirkani will help attendees discover ways to be an inspirational and emotionally-engaging leader.
  • Lawful and Unlawful Use of Social Media for Hiring and Retention. Researching applicants for employment is common place in today’s online environment. If your company searches prospective candidates on social media without appropriate guidelines to ensure compliance with state and federal laws, you may be subject to lawsuits for discrimination. Social Media Attorney Ethan Wall will educate attendees on the laws that govern the use of social media for hiring and retention.

Continuing Education

This conference has been approved by SHRM for 5.25 PDCs and by HRCI for 5.25 Recertification Credit Hours (General).

Conference Partners

We are grateful for the support and sponsorship of Lykes Insurance (lunch sponsor), Charlotte County SHRM, SHRM SWFL, and HR Collier.

Overnight Accommodations

Since the seminar is on Monday this year, we have reserved a block of rooms at Sanibel Harbour for $189/night. To make hotel reservations, click here. Reservations must be made by March 3 to take advantage of the group rate.

Seminar Registration

Registration is $40 per person and includes a continental breakfast, plated lunch, seminar materials and valet parking. Click here to download the brochure. Click here to register.

If you have any questions, please let us know. We look forward to seeing you all on April 4!

SHRM-SWFL-ver1-finalI am very excited to announce that Elaine McArthur, the Outreach and Training Manager for the U.S. Equal Employment Opportunity Commission (EEOC), is speaking at the SHRM SWFL luncheon next week. This is an excellent opportunity for HR professionals, supervisors, and/or business owners to learn straight from the EEOC – the agency charged with enforcing workplace discrimination and harassment laws. Ms. McArthur will provide attendees with important updates on recent development and guidance from the EEOC, and will be available to answer questions from the audience.

The meeting is Wednesday, November 4, 2015 at Crowne Plaza Bell Tower. Registration begins at 11:00. $21.00 for SHRM SWFL members, $25.00 for non-member. Click here to register: https://shrmswfl.wildapricot.org/event-2023961. I hope to see you there!

I am very excited to announce that Paul Dean, a local investigator with the Department of Labor (DOL), will speak at next week’s SHRM SWFL meeting about various wage/hour issues. No, I am not excited because my favorite group of HR professionals plans to throw food at Paul (if you’re reading this, Paul, I promise we won’t do that!). I am excited because this is an excellent opportunity for employers to learn straight from the DOL – the agency charged with enforcing the ever-changing and ever-dangerous wage/hour laws. Paul will address important issues that impact nearly all businesses, including exemptions from overtime, record-keeping requirements, deductions, and tip credit issues.

The meeting is Wednesday, August 12, 2015 at Crowne Plaza Bell Tower. Registration begins at 11:00. $21.00 for SHRM SWFL members, $25.00 for non-member. Click here to register: http://hrmaswfl.shrm.org/events. I hope to see you there!

Image courtesy of wikimedia commons

Uber_app_icon - wikimedia commonsRonald Reagan famously once said: “The nine most terrifying words in the English language are ‘I’m from the government and I’m here to help.'”

On January 13, 2015, the State of Florida entered into an agreement with the U.S. Department of Labor (“DOL”) with the goal of preventing the misclassification of employees as independent contractors. It is part of DOL’s “Misclassification Initiative.” Nationally, this initiative has meant a significant increase in the number of investigations undertaken by DOL, and Florida employers can expect greater scrutiny in light of the agreement with DOL.

How’s the initiative going so far? Two very recent cases caught my attention. Just a few days ago FedEx settled with the DOL by agreeing to pay $227 million to delivery drivers in California that were classified as independent contractors. FedEx will bounce back – aren’t drones going to be delivering packages soon anyway?

Continue Reading Yikes…Uber Drivers are Employees, Not Independent Contractors?

7K0A0129This blog is a sequel to my previous post summarizing the rules and regulations governing an employee’s use of intermittent FMLA leave, which you can find here.

Managing employees’ requests for intermittent FMLA leave can be complicated and frustrating. Intermittent leave is difficult to track. It is often abused (or is it merely coincidental that leave is most often requested for a Friday, Monday, or the day before a holiday?!). Intermittent leave causes workplace disruption—especially when it is unforeseeable. Employee morale is often affected when co-workers are forced to pick up the slack for an absent co-worker. Although employees on intermittent leave may be temporarily reassigned to a different position, they must still be restored to their original position at the end of the approved leave period. No wonder that FMLA leave is a chronic HR headache!

Here are a few tips for treating this chronic headache: Continue Reading Intermittent FMLA Leave: A Chronic HR Headache (Part II)

clock flickr katerhaAt HR Law & Solutions last month, attendees asked tough questions about handling requests for intermittent leave under the FMLA. I promised to write a blog post summarizing current rules and regulations, so here goes:

Intermittent leave is FMLA taken in periodic short blocks of time for a single FMLA qualifying reason. Common reasons for intermittent leave include time off for an employee’s occasional medical appointments, flare-ups of a chronic condition (ex. migraines), or periodic treatment of an ongoing disease (ex. chemotherapy). Intermittent leave can also be taken for a family member’s serious health condition or for military caregiver leave. Employers must also grant intermittent leave to an employee whose spouse, parent or child is called up for active military duty.

Continue Reading Intermittent FMLA Leave: A Chronic HR Headache (Part I)

IMG_3428We want to send a special THANK YOU to the more than 300 of you who attended HR Law & Solutions last week. It is always such a pleasure for all of us – it feels like an annual reunion! Congratulations to all of our raffle winners, and especially to our new HR Law & Solutions Hall of Fame recipients (pictured left to right): Patti Reigle (of Digestive Health Physicians), Fran Barker (of Physicians’ Primary Care), and Kim Hopkins (of McGregor Baptist Church.

As I mentioned during our What Would You Do? session, the National Labor Relations Board (“NLRB”) recently issued a report on employer handbook policies. It is…interesting, to say the least. The report gives examples of (supposedly) lawful and unlawful handbook policies on issues like confidentiality, conduct toward supervisors and fellow employees, conflicts of interest, and employees leaving work. Generally, “lawful” vs. “unlawful” turns on whether the NLRB thinks the particular policy infringes upon employees’ Section 7 right to engage in concerted activity regarding terms, conditions, or privileges of employment.

Continue Reading Seminar Wrap-Up and NLRB Report on Handbook Policies

We are looking forward to hearing from Stephen Bienko, our HR Law keynote speaker on March 24. He will be presenting “Discovering Your WHO: Unifying the Workplace Through Effective Communication and Leadership.” Stephen has quite an accomplished and varied career – he is the founder and President of 42 Holdings, the majority owner of the College Hunks Hauling Junk and Moving brands. In the past, he was a professional athletic trainer and sports agent, and a New Jersey State Trooper. In 2013, Stephen testified on Capitol Hill before the House Small Business Subcommittee on Health and Technology on the impact of Obamacare on small business, and he has been featured on Fox News, Fox Business, Bloomberg TV, and the Wall Street Journal.

In preparation for the seminar, Stephen prepared a short video message.  Be sure to listen to the whole video so you can learn about Stephen’s challenge for attendees — the winner will receive a special prize from Stephen!

Big thanks to Stephen for putting together the video.  Registration for the 23rd Annual HR Law & Solutions seminar will be closing shortly so be sure to sign up soon!

csuite panelists
Top Row (left to right): Samira Beckwith and Peter Dys Bottom Row (left to right): Larry Hart, Gail Markham, Sara Stensrud

We are in the final countdown to the 23rd HR Law & Solutions seminar! On March 24, over 250 HR professionals, business owners, and managers will gather to learn about new employment case law and legislation; to analyze thought provoking real-life scenarios involving disability/medical leave, wage/hour, retaliation, and LGBT related matters; and to get answers to common employment questions that plague their workplaces.

One session we’re particularly excited to offer this year is “A View from the C-Suite,” which will bring together several leading CEOs and other C-Suite professionals as they share insight on key HR issues, strategies, and best practices for dealing with tough workplace issues. We are so grateful to our amazing panelists, including Samira Beckwith, President and Chief Executive Officer, Hope Healthcare Services; Peter Dys, President and Chief Executive Officer, Shell Point Retirement Community; Larry Hart, Lee County Tax Collector; Gail Markham, President, Markham Norton Mosteller Wright & Company; and Sara Stensrud, Executive Vice President and Chief Human Resources Officer, Chico’s FAS Inc. (pictured above).

Continue Reading HR Law & Solutions 2015: Counting Down, Questions for the C-Suite?