Friday, January 11th

8:00 - 8:30		Continental Breakfast and Registration

8:30 - 9:30		Tricky Issues in Wage and Hour Law This session will go beyond the classification of employees under the Fair Labor Standards Act to explore tricky issues independent schools face. How do you correctly pay a custodian who is also an assistant football coach or a technology assistant who teaches a class? Is it acceptable to pay coaches a fixed stipend for their work? What are the acceptable methods for calculating overtime? This session will cover these and other tough questions.

9:30 - 9:45		Break

9:45 - 10:45		Equal Pay: Is Your School At Risk? The Equal Pay Act of 1963 requires that men and women be given equal pay for equal work in the same establishment. While pay differentials are permitted when they are based on seniority, merit, quantity or quality of production, or a factor other than sex, it is the employer's burden to prove that they apply. This law can be a ticking time bomb for independent schools, particularly those schools without a clearly articulated and implemented compensation plan for faculty. This session will explore the requirements of the Equal Pay Act, recent case histories from independent schools, the potential consequences for violation of the EPA, and how schools can assess their compensation structure to ensure they are in compliance.

10:45 - 11:00		Break

11:00 - 11:45		Background Checks in the Google and MySpace Era Most schools routinely do background checks on job applicants, using a vendor to verify education and employment, check for sexual offender status, check for criminal convictions, and verify social security numbers. Some schools are turning to the internet to find out more about applicants. As those who came of age using MySpace and Facebook enter the workforce, how far should a school go to get background information, and what are the repercussions under anti-discrimination law? This session will cover the pros and cons of going beyond the traditional background check, as well as cover best practices in conducting traditional background checks.

11:45 - 1:00		Lunch

1:00 - 2:00		Common Problems in Managing FMLA Most schools are required to comply with the Family Medical Leave Act, but the technical nature of the regulations, coupled with special provisions for schools, virtually guarantees that mistakes will be made. This session will focus on common problems faced by independent schools in managing leaves under FMLA, including the challenges of intermittent leave, accounting for school breaks, issues in requiring and acting on medical certification, and handling suspected abuses of the leave.

2:00 - 2:45		Electronically Stored Information: Legal Compliance, Risks, and Issues With changes to the Federal Rules of Civil Procedure in December 2006, it is even more important for schools to implement an effective records retention policy that addresses electronically stored information. This session will cover best practices in records retention, including which records should be retained and for how long, the risks and burdens placed on the school, and what schools should do if they know there is the possibility of litigation.

2:45 - 3:00		Break

3:00 - 4:00		Best Practices in Workplace Investigations While most employee handbooks include a section on harassment or discrimination, including the process for filing a complaint, schools do not always follow their own policies, particularly in investigating such complaints. Conducting an investigation in a school has specific challenges. Because most schools employ a relatively small workforce with specialized skills, it can be difficult to separate the complainant from the alleged perpetrator. The faculty lounge rumor mill may kick into overdrive, and witnesses may not understand the need for confidentiality. This session will focus on best practices for conducting a workplace investigation. While the primary objective of such an investigation is to settle the issue without litigation, schools should ensure that the investigation treats all parties fairly, meets legal requirements, and will stand up under litigation.

4:00 - 4:30		Questions and Answers

Presenters

Steven Frenkil, Miles & Stockbridge
Steven D. Frenkil is a principal in the firm's Baltimore office. He represents management in all aspects of employment law. He represents employers before federal and state courts and administrative agencies throughout the country. He also regularly provides counsel to and defends colleges, universities and independent K-12 schools in a broad array of issues and litigation involving faculty and other employees, as well as in student discipline and other matters. He holds a B.A. from George Washington University and a J.D. from the University of Maryland.

Suzzanne W. Decker, Miles & Stockbridge
Suzzanne W. Decker is a principal in the firm's Baltimore office. She advises and defends management in all aspects of employment law and litigation matters. She also advises employers in the areas of human resource management, compensation, personnel practices and policies, handbooks, employment agreements, severance agreements, non-competition and non-solicitation agreements, ADA and FMLA compliance, OFCCP and affirmative action and investigation of sexual harassment and other sensitive issues. She holds a B.A. from Mary Washington College and a J.D. from the Catholic University of America.

Justin C. Eller, Miles & Stockbridge
Justin C. Eller is an associate in the firm's Baltimore office. He advises and defends clients in all areas of employment law. He also assists clients with compliance issues involving the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and the Office of Federal Contract Compliance Programs (OFCCP). He has extensive experience conducting FLSA compliance audits and sexual harassment investigations, and regularly advises clients on complex issues regarding the interplay among the ADA, the FMLA, and state laws. He holds a B.A. and a J.D. from the University of Virginia.

Kathleen Pontone, Miles & Stockbridge
Kathleen Pontone is the practice group leader for the Labor & Employment group and a member of the Board of Directors of the Firm. Her practice includes the defense of discrimination cases, with extensive experience in disability related claims, occupational safety and health cases, sexual harassment and compensation disputes. She has represented employers in complex health and safety cases brought by OSHA, and defends cases involving employment-related torts and wage and hour claims. She has substantive experience in arbitration, including the representation of securities industry employers in arbitrations. She holds an A.B. from Vassar College and a J.D. from Duke University.

Kirsten M. Eriksson, Miles & Stockbridge
Kirsten M. Eriksson is a principal in the firm’s Baltimore office. She represents management in all aspects of labor and employment law throughout the country. She has represented clients in State and Federal Courts, as well as in proceedings before the EEOC, various state and local agencies, and private mediators and arbitrators. She regularly drafts non-competition and non-solicitation agreements, and enforces and defends against such agreements in court. She regularly advises clients how best to comply with employment laws relating to employee handbooks, harassment and discrimination, training, evaluations and terminations, wage and hour issues and implementation of leave policies. She has also become the firm’s authority on handling whistleblower claims under the Sarbanes-Oxley Act. She holds a B.A. from Amherst College and a J.D. from Georgetown University.

Registration Fees

NBOA Members: $250
Non-Members: $350

Discount

The Advanced Employment Law Seminar will be one day, following the Accounting Seminar on January 10th. Attend both seminars and receive a $50 discount.

For NBOA policies regarding refunds and program cancellations, please click here.

Location and Hotel

Accommodations will be provided by the Baltimore Tremont Plaza. To reserve a room call 800-873-6668 and reference the "NBOA Group." The room rate is $139/night plus taxes. This rate is only available until December 19, 2007. There is a shuttle from the airport to the hotel for $15/person or a cab is roughly $35. Self parking is available for $15/day.

CPE credit is offered for this event:

Course Level: Basic CPE Hours: 4 Field of Study: Personnel/HR and Business Law
Prerequisites: None Instructional Method: Group-live

NBOA is registered with the National Association of State Boards of Accountancy (NASBA), as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville,TN, 37219-2417. Web site: www.nasba.org