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LIVE REPLAY: Drafting Employment Agreements for Commission-based Employees

$59.00

Every organization depends on generating sales, often sales made by sales agents.  Drafting agreements for sales people is complex and unlike other employment agreements. The primary task is defining a workable sales commission and incentive structure that is durable while the sales agent works for your client and that limits legal liability and practical damage after the sales agent separates from employment.  There are also complex issues of post-employment payments, internal reporting and support, and preserving the confidentiality of proprietary employer information such as client/customer lists, pricing schedules, vendor information and more after the sales agent has departed – perhaps to a competitor. This program will provide you with a practical guide to drafting sales agents’ agreements for business clients.   Commission and incentive structures – and common traps after an agent departs Differences between employee v. independent contractor sales staff Common traps employers make in including unlawful terms Wage and hour issues in commission and incentive compensation agreements Protecting client and price lists, vendor information & other sensitive information when a sales agent leaves Scope of protectable interests and practical steps required to enforce confidentiality   Speaker: Jennifer S. Baldocchi is a partner in the Los Angeles office of Paul Hastings, LLP, and co-chair of the firm’s employment department. She has a broad-based employment practice, with a focus on intellectual property, including employee mobility, trade secrets, covenants not to compete, unfair competition, and related business tort claims. Her practice also involves advising and defending employers in complex employment claims such as wrongful discharge, discrimination, retaliation, and harassment. She also counsels clients in wage and hour issues and investigations.  Ms. Baldocchi earned her B.A., with honors, from the University of California, Berkeley, and her J.D. from Loyola Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 10/28/2021
    Presented
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LIVE REPLAY: The Law of Background Checks: What Clients May/May Not ‘Check

$59.00

Background checks are an exercise in risk management in hiring. Employers want to align an applicant’s skills with a job profile, reducing the likelihood the hire will not work out or, worse yet, cause the employer liability. This typically means that the employer wants as much information as possible on job candidates. But background checks themselves are fraught with potential liability. There are many categories of questions that employers may not ask applicants; and if they do ask these questions, they open themselves to liability.This program will provide you with a real-world guide to what is allowed and what isnot allowed in background checks, and best practices for using that information and avoiding liability.   Framework of laws impacting background checks, including the Fair Credit Reporting Act What an employ may/may not ask – criminal arrest history, marital status, age, credit history, and other bases Social media background checks Liability for improper/discriminatory use of background checks Counseling clients about best practices in conducting/using background checks   Speaker: Felicia Davis is an attorney in the Los Angeles office of Paul Hastings, LLP where she represents employers in all aspects of labor and employment law, including discrimination, retaliation, harassment, religious accommodation and wage and hour issues, in both single-plaintiff and class-action matters. She has also represented clients in disability access litigation under Title III. She has served as lead attorney on single and multi-plaintiff matters, successfully defending lawsuits alleging discrimination, retaliation, and wrongful discharge as well as collective bargaining agreement violations. She is a member of the ABA Labor and Employment Law Committee on Technology in the Practice and Workplace (Planning Committee). Ms. Davis received her B.A., cum laude, from Claremont McKenna College and her J.D. from the University of California at Los Angeles.

  • Teleseminar
    Format
  • 60
    Minutes
  • 10/11/2021
    Presented
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Course1

The Law of Background Checks: What Clients May/May Not ‘Check

$59.00

Background checks are an exercise in risk management in hiring. Employers want to align an applicant’s skills with a job profile, reducing the likelihood the hire will not work out or, worse yet, cause the employer liability. This typically means that the employer wants as much information as possible on job candidates. But background checks themselves are fraught with potential liability. There are many categories of questions that employers may not ask applicants; and if they do ask these questions, they open themselves to liability.This program will provide you with a real-world guide to what is allowed and what isnot allowed in background checks, and best practices for using that information and avoiding liability.   Framework of laws impacting background checks, including the Fair Credit Reporting Act What an employ may/may not ask – criminal arrest history, marital status, age, credit history, and other bases Social media background checks Liability for improper/discriminatory use of background checks Counseling clients about best practices in conducting/using background checks   Speaker: Felicia Davis is an attorney in the Los Angeles office of Paul Hastings, LLP where she represents employers in all aspects of labor and employment law, including discrimination, retaliation, harassment, religious accommodation and wage and hour issues, in both single-plaintiff and class-action matters. She has also represented clients in disability access litigation under Title III. She has served as lead attorney on single and multi-plaintiff matters, successfully defending lawsuits alleging discrimination, retaliation, and wrongful discharge as well as collective bargaining agreement violations. She is a member of the ABA Labor and Employment Law Committee on Technology in the Practice and Workplace (Planning Committee). Ms. Davis received her B.A., cum laude, from Claremont McKenna College and her J.D. from the University of California at Los Angeles.

  • Teleseminar
    Format
  • 60
    Minutes
  • 5/5/2021
    Presented
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Course1

2021 Wage & Hour Update: New Overtime Rules

$59.00

Wage and hour regulations impact every employer. Whether a worker is classified as an employee or independent contractor and employees as “exempt” or “non-exempt” for purposes of overtime has major implications for employer tax and non-tax compliance.  Failure to properly classify a worker can lead to substantial financial liability for employers and compliance has become more difficult as employers, following commercial trends, employee more “gig” workers or independent contractors.  Enforcement by the US Department of Labor and state equivalents is increasing.  This program will provide you with a practical guide to major developments in overtime rules and regulations and provide guidance on best practices to avoid liability.   Major case law and regulatory developments impacting overtime compliance Continuing classification litigation around “gig” economy workers Anticipated Biden Administration changes to overtime rules Changes to the “PAID” independent audit program Best practices to avoid misclassification liability   Speaker: Shira R. Yoshor is shareholder in the Houston office of Greenburg Traurig, LLP, where her practice focuses on labor and employment matters and a wide variety of complex commercial litigation. She is experienced in representing management in virtually all aspects of labor and employment law. She regularly counsels employers on managing workplace issues, drafts employment agreements, handbooks and policies, drafts and litigates non-competition and non-disclosure agreements, and investigates claims and complaints by employees. Shira has defended individual and multi-party claims before courts and arbitrators around the country.  Ms. Yoshor received her B.A., summa cum laude, from Yeshiva University and her J.D. from the University of Chicago Law School.

  • Teleseminar
    Format
  • 60
    Minutes
  • 5/26/2021
    Presented
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