8:40 Welcome and Introductions
8:45 Introduction to Federal Employment Discrimination Laws
William J. McMahon IV, Constangy Brooks Smith & Prophete LLP, Winston-Salem
Joshua R. "Josh" Van Kampen, Van Kampen Law PC, Charlotte
Learn the fundamentals of the critical federal statutes governing claims of unlawful discrimination in employment based on factors such as race, color, religion, sex, national origin, gender, age and disability (Title VII, ADEA, ADA).
9:45 Break
9:55 Introduction to North Carolina Employment Law
Michael B. Cohen, Troutman Pepper Hamilton Sanders LLP, Raleigh
This session provides a basic overview of the common law doctrine of "employment at-will" and North Carolina statutory and common law claims, including wrongful discharge in violation of public policy, Retaliatory Employment Discrimination Act (REDA) and employment-related torts such as negligent hiring and retention, tortious interference with contract, defamation, and intentional and negligent infliction of emotional distress.
10:55 Break
11:05 EEOC Overview
Elizabeth "Betsy" Rader, U.S. Equal Employment Opportunity Commission, Charlotte
Aretina "Tina" Samuel-Priestley, O'Hagan Meyer, Charlotte
The Equal Employment Opportunity Commission (EEOC) enforces the majority of federal anti-discrimination laws. This session covers the EEOC process for charging parties and respondents, including filing charges of discrimination, EEOC categorizing of charges, EEOC mediation, position statements, request for information, fact investigations, EEOC findings, conciliation and the resolution process.
12:05 Lunch Break
12:50 Basic Wage Protection Law
W. Wood Lay, Moore & Van Allen PLLC, Charlotte
Aretina "Tina" Samuel-Priestley, O'Hagan Meyer, Charlotte
Hear an introduction to the requirements of the Federal Fair Labor Standards Act and the North Carolina Wage and Hour Act, including minimum wage, overtime and wage payment requirements.
1:50 Break
2:00 Introduction to the National Labor Relations Act
Jordan N. Wolfe, National Labor Relations Board, Winston-Salem
Listen as the presenter gives an introduction to the National Labor Relations Act and the National Labor Relations Board, the agency responsible for enforcing the Act. This session addresses how the Act applies to non-unionized employers, including an overview of protected concerted activity, employee rights to discuss and share information about their wages and other conditions of employment, and employer handbook rules.
2:45 Break
2:55 The Basics of the FMLA and Its Interplay With the ADA
Jennifer L. Bills, Patterson Harkavy LLP, Chapel Hill
Janean B. Dunn, IQVIA, Durham
Kristen E. Finlon, Gardner Skelton PLLC, Charlotte
Gain a better understanding of the complex relationship between the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), especially when the inability to work arises from a workplace accident or occupational disease.
3:40 Break
3:50 Settlement Agreements and Releases
L. Nicole Patino, Law Offices of L. Nicole Patino PLLC, Greensboro
T. Cullen Stafford, Wyrick Robbins Yates & Ponton LLP, Raleigh
During this session, the presenters share a basic overview of the main components in a severance/settlement agreement in North Carolina, including Age Discrimination in Employment Act (ADEA) language, release language, restrictive covenants, confidentiality, cooperation clauses and reemployment clauses.
4:35 Break
4:45 Damages
Daniel C. Lyon, Elliot Morgan Parsonage PLLC, Charlotte
Receive an introduction to the common law and statutory damages available in employment claims, including discussions on required proof of damages, mitigation of damages, and defenses.
5:30 Adjourn
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Certificate of Completion and Archived Video: Your certificate of completion and archived video will be available approximately two weeks of the program date and can be found in your CLE account. MCLE credit is available to registrants only on the day(s) of the live event. This archived content is offered solely for review purposes and is not a substitute for live attendance. Click here for more information about archive videos in our FAQ.