DETAILED AGENDA       
 

8:00 – DAY ONE BEGINS
 

8:00 – 8:30 REGISTRATION 

8:30 – 9:00 INTRODUCTIONS

9:00 – 10:00 – Title VII and FEHA –Discrimination and Harassment

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• What is discrimination.  What is harassment.

• Protected characteristics.

• Duty of employers to create workplaces free of discrimination and harassment.

• How to avoid discrimination in employment decisions.

• The role of training in prevention of discrimination, harassment and bullying.

• Harassment prevention requirements of employers.
   

10:00 – 10:15 BREAK
 

10:15 – 11:00 –Title VII and FEHA – Discrimination and Harassment, continues.
 

• What to do if you see harassment.

• What to do if you get a complaint of discrimination or harassment.
   

EXERCISE – Is This Discrimination, Harassment – Or Not?
 

11:00 – Noon –The Americans with Disabilities Act (ADA) and CA’s FEHA

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• Employer obligations

• When accommodation(s) are required.

• What types of accommodation(s) are considered reasonable.

• The accommodation process.

• What to do if you see an employee struggling doing their job.
   

EXERCISE – How to Have an Interactive Discussion
 

Noon – 1:00 LUNCH
 

1:00 – 2:00 The Family and Medical Leave Act (FMLA) and CA Family Rights Act (CFRA)
 

• Employer obligations

• Taking leave

  • Requesting leave

  • Continuation of benefits

  • Return to work

• Military leaves

• Pregnancy

  • Pregnancy in CA

• Critical differences between FMLA and CFRA

• Overview of employee sick leave and wage replacement programs in CA.
   

EXERCISE –Pregnant in CA Quiz – What Are an Employers Obligations?
 

2:00 – 2:15 BREAK

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2:15 – 3:30 –Fair Labor Standards Act (FLSA)– Wage and Hour

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• The Equal Pay Act (EPA)

• The Fair Labor Standards Act (FLSA)

  • Exempt and Non-Exempt

    • Exemption tests

    • Prohibited deductions

    • Exempt in CA

    • Overtime in CA

  • What is “work”?

  • Break and meal periods.

• Considerations in CA using independent contractors.
   

EXERCISE – Am I Exempt or Not?
 

3:30 – 4:30 Overview of Safety and Worker’s Compensation
 

• Occupational Safety and Health Act (OSHA) and CA Division of Occupational Safety and Health (DOSH)

• Basic safety obligations of employers

  • Employer responsibilities

  • Employee rights

  • Employee responsibilities

• Workplace violence planning considerations.

• The basics of Worker’s Compensation coverage.

  • What to do in the case of an accident.
     

EXERCISE – Accident! What Would You Do First, Second and Third?

 

4:45 - DAY ONE Ends

 

8:00 – DAY TWO BEGINS

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8:00 –10:00 –Writing Defensible Documentation to Justify Workplace Decision Making

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• What to document, how to document, when to document and what you don’t need to document.

• Understanding the crucial elements of timing, purpose and content. How they work in conjunction (or not.)

• Writing good documentation regarding employee performance.

• Retaliation – how your records often demonstrate that it occurred – even if it did not.

• Problematic documentation in regards to hiring, performance, training, safety, and investigations.

• Tips for writing good job descriptions.
   

EXERCISE – Managing and Communicating a Performance Problem
 

10:00 – 10:15 BREAK

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10:15 – 12:30 – Do’s and Don’ts’s of Employer Investigations

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• How to take a complaint — The key to a good investigation.

• The investigative process — a ten-part checklist

• The interview — How to get good, factual information and determine credibility.

• Concluding the investigation — How to make and communicate defensible decisions and recommendations concerning the correct action(s) to take.

• After the investigation — Closure, follow up and monitoring for retaliation.
   

EXERCISE – Taking A Complaint

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Program Wrap Up

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12:30 – DAY TWO – PROGRAM ENDS

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