Workplace Training & Consulting

workplace training & consulting course catalog connect with our morgan lewis resources (MLR) workplace training team

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Delivery Methods ...... 3 Delivery Methods Available Per Course ...... 4 training

legal and corporate compliance Getting Online: Social Media and the Workplace ...... 6 Think Before You Send: Savvy Business Communications ...... 7 Risky Business: Preventing Harassment ...... 8 Risky Business II: Strategies for a Harassment-Free Workplace ...... 9 Risky Business III: Moving Our Business Forward ...... 10 Immigration Basics: Getting the Best and the Brightest ...... 11 Boosting Your I-9 IQ: Improving Employer Compliance ...... 12 Keeping Time: Wage and Hour Compliance ...... 13 To Be or Not to Be: Properly Designating Independent Contractors ...... 14 Walking the Line: Managing Whistleblowers and Avoiding Retaliation ...... 15 Safe and Sound: Workplace Investigations ...... 16

cultural change management Valuing Diversity: Workplace Diversity Training ...... 17 Ethics in the Workplace: Impacting the Bottom Line ...... 18

management and human resources skills Pursuit of Excellence: Skills for Managers and Supervisors ...... 19 What Every Manager Needs to Know: Understanding the Fundamentals of Management ...... 20 Getting Work Done Through Delegation: The Essential Players ...... 20 Interviewing and Selecting Top Talent: The Secrets of Success ...... 20 Coaching and Counseling: Helping Employees Step Up ...... 21 Effective Communication: Up, Down, and Across the Organization ...... 21 Motivating for Performance: Optimizing Human Capital ...... 21

Putting the Law to Work ...... 22 Mastering the Basics: Equal Employment Opportunity Fundamentals ...... 24 Working Together: Reasonable Accommodation ...... 24 Untangling the Web: Understanding Leave Laws ...... 24 Hiring Smart: Legal and Effective Interviewing ...... 24 Getting It Right: Performance Management Documentation ...... 25 Good Work: Verbal Coaching Skills ...... 25 Staying Connected: Positive Employee Relations ...... 26 Balancing Act: Managing a Unionized Workforce ...... 27 workplace investigations Introduction ...... 30 consulting Diversity and Inclusion (D&I) Consulting Services Introduction ...... 34

About Morgan Lewis Resources ...... 37 About Morgan Lewis ...... 37 delivery methods Frequently, clients find that for a variety of reasons — whether geographical, economic, or cultural — more than one method of delivery is needed to effectively train their employees. Morgan Lewis Resources offers clients the ability to customize how their employees receive training by choosing one or more of the delivery methods outlined below. Look for these icons throughout the catalog; they indicate which delivery methods are available for each course. leader-led Leader-led courses are delivered live with the participants and the trainer at the same location . This training format can be the most effective — and can generate the highest level of participant retention and satisfaction — because it creates a dynamic, interactive learning environment that fully engages participants . Trainers can be more responsive as they more easily gauge participants’ interest in and comprehension of the material and adapt their presentations accordingly . Finally, participants in these sessions are more likely to ask questions and seek clarification, further enhancing their learning .

online webinars Our interactive online webinars are in real time, just like leader-led courses . Participants receive the material via a synchronous webinar and interact with the trainer and one another via a simultaneous conference call . Just as in leader-led sessions, participants can “raise their hands” and ask questions using our “Q&A” feature . In addition to live webinars, we offer asynchronous, on-demand Web-based learning . Both the real-time and on-demand formats are ideal for companies that have many participants in many different locations or that face logistical challenges to bringing participants together in a central training site . train-the-trainer Train-the-trainer courses prepare in-house personnel to train other employees . These full-day sessions are geared toward human resources professionals and managers . Participants are first given a regular training session so they can master the substantive material; the rest of the day is focused on imparting course delivery and facilitation skills that will equip participants to effectively present the material . This option is especially cost-effective for businesses with a large workforce spread out over multiple work sites . It can also be attractive for companies with a unique culture or working conditions where an insider would be best able to make the material relevant to employees . delivery methods available per course

Topic Course Name

Avoiding Retaliation Walking the Line 3

Business Communications Think Before You Send 3 3

Business Ethics Ethics in the Workplace 3 3 3

Employment Law Basics Putting the Law to Work 3 3 3

Getting Online Social Media 3 3

Immigration Immigration Basics 3 3

Improving Employer Compliance Boosting Your I-9 IQ 3 3

Independent Contractors To Be or Not to Be 3

Management Skills Pursuit of Excellence 3 3

Positive Employee Relations Staying Connected 3 3

Preventing Harassment Risky Business 3 3 3

Preventing Harassment Risky Business II 3 3 3

Unionized Workforce Balancing Act 3 3

Wage and Hour Compliance Keeping Time 3 3

Workplace Diversity Valuing Diversity 3

Workplace Investigations Safe and Sound 3 3

4 delivery methods available per course

training legal and corporate compliance cultural change management management and human resources skills

5 Getting Online Social Media and the Workplace

While social media stands unrivalled in its awesome power to build community topics within companies and direct dialogues • Discussing the important organiza- with your clients, that power can also tional value of social media networks negatively impact brand reputations and incite legal firestorms — in an instant. • Setting expectations for acceptable The truth is that many company policies and employee behaviors online — in and standards for employee online communica- out of the office tions have not kept pace with the nature and • Establishing best practices and risks of immediate, constant, and public social tools for company policy compliance media interactions. For employers that need to • Understanding the role of the NLRA set expectations for public and private com- and workplace communications ments, employees will leave this course with • Managing social media when it clear boundaries in the form of dos and don’ts is used as a platform for grievances to guide their interactions online. — from unionized and nonunionized For employees, our course will help clarify employees alike whether they have a reasonable expecta- • Examining the current dockets tion to privacy for content created within and legal precedents addressing social networking sites. We will help define social media communications what constitutes appropriate content to put on social media sites and what cannot be shared to remain compliant with company w ho should attend? policies. Potential ramifications of disparag- ing remarks, harassment, and discriminating • Employees • Human resources professionals behavior that occur via social media outlets • Managers and supervisors will also be discussed. • In-house counsel For managers and supervisors, our course • Labor relations specialists will walk participants through best-case — and worst-case — employer experiences in social media. The recurring question “Does an employee have a reasonable expectation of privacy over content created?” will be explored. The course will also outline elements of an effective social media policy and address issues that can arise from the National Labor Relations Act (NLRA).

6 | legal and corporate compliance Think Before You Send Savvy Business Communications

Designed for nonlawyers, this course is topics intended to prevent the needless creation of a damaging “smoking gun” document • Overview of the discovery that can come back to haunt you during process the course of discovery. This course • Top 10 best practices for outlines the “Top 10 Best Practices for savvy business communications Savvy Business Communications,” an • Keeping it real: case studies easy-to-follow yet comprehensive set of practical suggestions, and illustrates their • Increased damages due to importance with a series of compelling “smoking gun” communications real-world examples — many drawn from – Destruction of damaging today’s legal headlines. In the course of communications to cover dissecting these case studies, participants up wrongdoing will gain a detailed understanding of the – Refusal to produce potentially risks of ill-considered communications, damaging communications along with commonsense strategies for drafting communications that reduce risk without reducing effectiveness. who should attend? • Employees • Human resources professionals • Managers and supervisors

legal and corporate compliance | 7 Risky Business Preventing Harassment

Workplace harassment takes many forms, including sexual and racial harassment, topics and it can be extremely tricky to determine Employee Course which behaviors constitute harassment and • What constitutes harassment which do not. Deciding how to respond and what does not appropriately to complaints of harassment • Subtle issues in sexual harassment, can be just as tricky. This course shines including dating and office romances light on the many gray areas of harassment • Recognizing other forms of and provides concrete suggestions for harassment handling risky workplace situations. • Liability for nonemployees — such as vendors or clients — and for off- The stakes are very high as more and more premises conduct by employees employees bring claims of harassment — in • How to report harassment all its forms — and employers increasingly • Retaliation-proof harassment become bogged down in protracted and reporting costly litigation. In the event of litigation, the fact that you have conducted this Manager/Supervisor Course training can help reduce your legal expo- In addition to the basics covered in sure by supporting an affirmative defense the employee course, this course that you made a good-faith effort to pre- focuses on the particular skills that vent harassment. This defense can help managers and supervisors need to: to insulate your company from punitive • Handle harassment complaints damages or avoid litigation altogether. and take appropriate action • Prevent retaliation for harassment A California version of “Risky Business: reporting Preventing Harassment” is available to comply with California’s AB 1825 legislation requiring mandatory harassment prevention w ho should attend? training . • Employees • Human resources professionals • Legal staff • Managers and supervisors

8 | legal and corporate compliance Risky Business II Strategies for a Harassment-Free Workplace

Because managers and supervisors are often the first line of defense in preventing topics workplace harassment, they are also key • What constitutes unlawful individuals for those employers seeking harassment, discrimination, and to reduce potential legal exposure from retaliation claims of harassment and discrimination. • What types of conduct constitute sexual harassment “Risky Business II: Strategies for a • What steps should be taken Harassment-Free Workplace” is designed when harassing behavior occurs to build on the foundation laid out in in the workplace “Risky Business: Preventing Harassment.” • How to report and handle In “Risky Business II,” participants will be complaints challenged to demonstrate their under- • An employer’s obligation to standing of workplace harassment, investigate claims of harassment including sexual and other forms of • The limited confidentiality of the harassment. Application of core concepts complaint process learned in “Risky Business: Preventing • Management’s role in and strategies Harassment” will be used when participants for preventing harassment in the analyze the gray areas of harassment to workplace provide appropriate responses to risky • The essential elements of an workplace situations. antiharassment policy • The importance of nonretaliation A California version of “Risky Business II: after filing a complaint Strategies for a Harassment-Free • Appropriate responses to risky Workplace” is available to comply with scenarios California’s AB 1825 legislation requiring mandatory harassment prevention training . w ho should attend? • People who have completed “Risky Business: Preventing Harassment” (see previous page)

legal and corporate compliance | 9 Risky Business III Moving Our Business Forward

It is very important that managers topics and supervisors are confident in their continued ability to identify and respond • What constitutes unlawful to the “risky” behaviors that may harassment, discrimination, and occur in the workplace. The profound retaliation impact that social media has had in • What steps should be taken the workplace has made it even more when harassing behavior occurs important that our company leadership in the workplace have the tools needed to reduce as much • Review of reporting options legal exposure from harassment and and employer’s obligation to discrimination claims as possible. It is investigate claims of harassment also very important that the managers • Discussion of the limited and supervisors be aware of the confidentiality of the complaint additional effects that claims of harass- process ment and discrimination may have on • Management’s role and productivity and morale in the workplace. strategies for preventing harassment in the workplace “Risky Business III: Moving Our • The importance of nonretaliation Business Forward” is designed to build after filing a complaint on the knowledge foundation that has • Appropriate responses to “risky” been taught in previous courses. The scenarios audience will review policy and legal • Ability to identify potential harass- information as a refresher. The ment before a claim has been filed participants will then be challenged • Introduction of concepts related by being asked to develop their own to inappropriate behavior in the fact-patterns related to certain “risky” social media context behaviors for the class to discuss and • The additional effects that critique. Participants will also be able to harassment claims have on identify the most common mistakes that productivity, morale, staff turnover, are made in situations of harassment. and company culture

w ho should attend?

• Executives • Managers and supervisors

10 | legal and corporate compliance Immigration Basics Getting the Best and the Brightest

One of the benefits of today’s global topics economy is that employers can tap into an international pool of human resources • Immigration basics and a review to find qualified employees. The only of the immigration process downside is that the hiring and retention • In-depth analysis of commonly of international employees are governed used temporary visa categories by immigration laws that are not only • Alternatives to the H-1B visa stringent but also constantly changing. • Permanent residence issues, This course teaches you all that you both family and employment need to know about managing the immi- based gration issues faced by your foreign • The interplay between temporary national employees. It provides a primer and permanent visas and its on the fundamentals of immigration law, impact on hiring as well as detailed guidance about the • Practical strategies for managing highly technical requirements for various immigration issues in the real types of visas. Most importantly, it is world focused on helping managers develop • Best practices for immigration practical strategies for hiring foreign compliance nationals and for maintaining the legal • Best corporate immigration policies status of these valuable employees. and procedures While the course touches on some of • Overview of the major shifts in the larger social and economic issues immigration law and policy since involved in immigration, it focuses on 9/11, and insights about the pragmatic solutions to everyday questions. future of immigration law Interactive role-plays allow participants to grapple with some of the most common employment-related immigration issues w ho should attend? to hone their practical skills. • Human resources professionals • Immigration specialists • Legal staff • Managers and supervisors

legal and corporate compliance | 11 Boosting Your I-9 IQ Improving Employer Compliance

Although employers have long been required to check the employment eligibility topics of all new employees, only recently has • Overview of employer I-9 the Department of Homeland Security obligations with regard to U S. . (DHS) begun vigorously enforcing this and foreign national employees obligation and imposing substantial • In-depth analysis of each item penalties for noncompliance. In order to on the I-9 Form avoid the risk of DHS sanctions, employ- • Comprehensive review of ers must do more than accurately com- acceptable documentation plete the I-9 Form to verify employment and standards for examining eligibility; they must also comply with employee documents numerous technical recordkeeping and • Top 10 I-9 mistakes documentation requirements. This course • Best practices for document provides you with the legal understanding retention and recordkeeping and technical skills needed to successfully comply with the full range of I-9 quirks and complexities. Because this course w ho should attend? has been developed by our savvy immigration attorneys, it incorporates the • Employees most recent trends in DHS regulations, as • Human resources professionals well as the latest DHS “hot buttons.” This and recruiters practice-based perspective means that • Immigration specialists • Legal staff your compliance team will benefit from • Managers and supervisors the best and most current thinking about DHS enforcement.

12 | legal and corporate compliance Keeping Time Wage and Hour Compliance

Lawsuits alleging failure to comply with wage and hour laws have been on topics the upsurge, with multimillion-dollar • Detailed review of how the law settlements and judgments awarded to employees in industries as varied as defines an “hour of work” and a financial services, retail, restaurants, “work week” insurance, and funeral homes. “Keeping • Methods for determining overtime Time” will keep you ahead of this and regular rate of pay litigation tidal wave by reviewing the • Recordkeeping requirements essential requirements of the Fair Labor • Exemptions from minimum wage Standards Act (FLSA), the federal wage and overtime requirements, and hour law, and relevant state laws. especially the tests for determining It illuminates these technical legal concepts with real-world examples white collar exemptions and provides a practical understanding • Overview of any state wage and of the often-confusing tests to hour laws that apply to your determine which employees qualify for business white collar exemptions. • Practical steps to ensure compliance and avoid legal risks

w ho should attend?

• Human resources professionals • Legal and compliance personnel • Managers and supervisors

legal and corporate compliance | 13 To Be or Not To Be Properly Designating Independent Contractors

Employers of every size and in every industry frequently use the services of topics independent contractors in lieu of hiring • Overview of important issues employees. Unfortunately, employers often regarding independent contractors don’t realize until it’s too late that they • Recognizing relevant factors have classified workers as independent that support the designation of contractors when they should really be employee status employees. This unintentional error of • Recognizing relevant factors failing to designate workers appropriately that support the designation of can lead to serious consequences, independent contractor status including audits, lawsuits, and liability. • Consequences and liabilities for failing to properly designate Properly designating who is and who is workers not an independent contractor is tricky, • Consequences and liabilities for failing to properly manage and getting it wrong can be costly for independent contractors an employer. This course teaches • Management’s role in proper participants to spot risky designations designation of workers and its and explains how a properly designated role in managing independent independent contractor can become an contractors employee if the working relationship is not managed appropriately. w ho should attend?

• Human resources professionals • Legal staff • Managers and supervisors

14 | legal and corporate compliance Walking the Line Managing Whistleblowers and Avoiding Retaliation

When an employee files a complaint — whether it’s a whistleblower alleging topics companywide fraud or someone who • Overview of the laws against feels sexually harassed by a coworker retaliation and the legal definition — the workplace can suddenly become of a whistleblower charged with negative rumors and anxi- • Managers’ responsibilities to ety, which can escalate into claims of avoid the perception or the reality unfair retaliation against the complainant. of retaliation Managers in these situations need to • Developing a script for responding “walk the line” between appropriately to employee complaints and responding to legitimate employee com- determining which complaints plaints and effectively continuing to are entitled to legal protection manage both the complaining employee • Identifying red flags for potential and other workers. “Walking the Line” whistleblower situations covers managers’ legal obligations • Reviewing your business’s policies on retaliation to avoid both the perception and the reality of retaliation, as well as the legal definitions of whistleblowing and retaliation. More importantly, it focuses who should attend? on building skills so that managers will • Human resources professionals be prepared to identify the red flags • Managers and supervisors for potential whistleblower retaliation claims and will know how to effectively handle these situations to avoid the risk of retaliation lawsuits.

legal and corporate compliance | 15 Safe and Sound Workplace Investigations

It is a fact in today’s working world that various corporate personnel — including topics those in the human resources, compli- • Determining what considerations ance, legal, and security departments make an investigation necessary — are often asked to take on the role or desirable of a workplace Sherlock Holmes when • Identifying the right person to investigating employee complaints of dis- conduct the investigation crimination, harassment, or workplace • Preparing for interviews by misconduct. Unfortunately, many of these reviewing relevant materials personnel don’t have the experience nec- • Deciding who should be essary to conduct comprehensive and interviewed, in what order, and how appropriate investigations. As a result, • Documenting interviews and the corporate personnel may unwittingly investigation as a whole increase their employers’ legal exposure • Determining when additional by failing to conduct workplace inves- investigation is warranted tigations that are fair, consistent, and • Coming to a conclusion, taking effective. remedial action, and following up This course is grounded in the realiza- tion that the complexities and demands of conducting investigations in the real- w ho should attend? world workplace do not lend themselves to hard and fast rules. Rather, the course • Compliance, legal, security, or explores a series of vital strategic ques- other corporate personnel who may be designated to conduct tions to guide you through each step a workplace investigation of the process. By empowering your • Human resources professionals investigators with a strategic overview and practical grounding, this course will enable them to conduct workplace investigations that will ensure that your employees’ concerns are appropriately addressed and will minimize the legal risks of a poorly conducted investigation.

16 | legal and corporate compliance Valuing Diversity Workplace Diversity Training

covered topics: Most employers now recognize that it module 2 makes good business sense to cultivate a “Effective Communication Skills for diverse workplace, but — because each a Diverse Workplace” builds aware- employer faces unique business reali- ness of the variety of communication ties and each workplace has its own styles among different cultures distinct culture — meeting diversity objec- and explains how to communicate tives poses myriad challenges. “Valuing effectively in a diverse workplace. Diversity” is a flexible solution to your diversity training needs because it is module 3 designed to be customized to your spe- “Developing Skills for Inclusive cific requirements. Its building blocks Behaviors” discusses the positive are four learning modules, each of which impact that inclusion can have on examines an essential component of the the workplace and demonstrates diversity puzzle. a model for effectively addressing exclusionary behaviors.

The following is a list of the “Valuing module 4 Diversity” modules, each of which “Skills for Getting Past Assumptions is a half-day course. You can build and Stereotypes” raises awareness of the negative impact that assump- the diversity training that you tions and stereotypes can have on need by taking individual modules workplace interactions and demon- as stand-alone training sessions strates the advantages of positively or by taking all four in sequence. leveraging differences within and outside of your business. module 1 “Understanding the Business Case” analyzes the importance of diversity for business sustainability and expands whowho shouldshould attend?attend? participants’ understanding of the • Employees dimensions of diversity. • Human resources professionals • Managers and supervisors

cultural change management | 17 Ethics in the Workplace Impacting the Bottom Line

The recent wave of corporate scandals has forced legislators and regulators to topics respond with stringent new requirements • Discussing the importance of for corporate ethics and compliance. As a ethics in today’s legal and practical matter, corporations should now business climate be treating ethics training as essential for all employees. While most ethics pro- • Defining your corporate culture grams will not ultimately impact the work and core values environment, our training is designed • Reviewing your company’s code to cultivate a vibrant organizational cul- of conduct and related policies ture of compliance. It not only reinforces • Analyzing ethical issues in basic ethical concepts but also introduces typical workplace scenarios proven tools for strengthening compliance. • Identifying behavioral Your employees will walk away with the rationalizations skills necessary to identify potential ethical • Providing essential tools for issues, seek out necessary resources, and compliance, communication, find the confidence to voice their concerns and reporting when necessary. The end result will be a visible difference in your organization’s commitment to ethical compliance. w ho should attend?

• Compliance and legal personnel • Employees • Managers and supervisors

18 | cultural change management Pursuit of Excellence Skills for Managers and Supervisors

Whether a manager has risen to management from within or entered an organization topics as a new manager, he or she is likely to • Managing employees and face new challenges because the skills supporting the supervisor that make a great employee are not nec- • Avoiding the top five pitfalls of essarily those that make a great manager. new managers Our “Management Training Curriculum” • Communicating effectively educates new managers and supervisors through listening, providing and refreshes experienced managers on feedback, and responding to the fundamentals of management, the and asking questions steps of delegation, the ability to choose • Developing a plan for good qualified candidates, coaching and coun- management seling, the ability to motivate others, • Conducting a job analysis to and effective communication between an hire a quality candidate when employee and a supervisor. interviewing

• Coaching and counseling employees • Motivating employees and supporting those needing improvement

w ho should attend?

• Managers and supervisors

management and human resources skills | 19 Pursuit of Excellence Skills for Managers and Supervisors The following is a list of modules associated with the “Management Training Curriculum ”. You can build the management training that you need by taking individual modules as stand-alone training sessions or taking all of them in sequence. We recommend adding “Putting the Law to Work” training to your curriculum to learn more about the basics of employment law as it relates to hiring, managing employee performance, harassment prevention, the Americans with Disabilities Act (ADA), and the Family and Medical Leave Act (FMLA). For more information, please see page 23.

module 1 monitoring an employee’s progress in What Every Manager Needs to Know: a way that communicates confidence. Understanding the Fundamentals of In addition, managers learn how to Management coach employees to develop their own What is management, and how do skills and become more productive. you get other people to get work By using our “delegation checklist,” done? This course provides a detailed managers can get the positive results description of the role of the manager, they need every time. examines the pitfalls that many new managers experience, and gives an module 3 overview of the skills necessary to Interviewing and Selecting Top be an effective manager. Managers Talent: The Secrets of Success will learn a range of strategic tech- Bad hiring decisions not only cost niques that include how to make the organizations money but can make basics of management work for them life miserable as managers try to cope as well as how to run a meeting. with poor performers. How does a manager determine which job can- module 2 didate will be a good worker? How Getting Work Done Through does a manager determine who is the Delegation: The Essential Players “most qualified” person for the job? In order to gain more time to work on This course reviews how to measure specific projects, it’s important for a an applicant’s competencies and manager to learn to delegate work to conduct an interview to get the appro- others by determining the appropriate priate information needed to avoid tasks that need to be done and to a poor hiring decision. This course whom they should be given. This course provides managers with a model analyzes steps of delegation and provides that they will be able to use in future managers with tips and techniques for interviews to ask the right questions and assess the candidates’ answers.

20 | management and human resources skills module 4 Coaching and Counseling: Helping Employees Step Up Anyone who has played on a team, or precise communication skills. Second, had a good teacher or a wise parent, conflicts among employees can be one knows that coaching and counseling of the most difficult productivity drains in help people improve their performance. the business. Managers can promote Managers who are able to become a more harmonious work environment good coaches and to counsel appropri- by learning how to handle conflicts ately are then able to successfully help appropriately. Also, by learning about their staff learn new skills, obtain more the different types of difficult people knowledge, and perform better. and how to communicate with them, managers are better able to manage You will learn: thorny interactions. And finally, • The difference between communicating with their supervisors coaching and counseling is as important for managers as • How to coach employees communicating with direct reports. • The top five qualities of a This course reviews how managers good coach can do so in a career-boosting way. • When to coach and when to conduct performance management module 6 Motivating for Performance: module 5 Optimizing Human Capital Effective Communication: Up, If management means getting work Down, and Across the Organization done, then how do managers get Managers’ communication skills have people to perform their best? What a significant impact on their success. is motivation? How are goals used Is their communication style under- to motivate employees? How do stood by others? Do their words give managers’ expectations help or harm them credibility? Do other people take employees’ performance? This course them seriously, listen to what they shares how managers can sabotage have to say, and engage in dialogue? good performance, explains the theory This course first returns to the founda- that “what gets rewarded gets done,” tions of communication — including giving and then details the variety of rewards feedback, listening, and responding to that motivate people (including, but not and asking questions — because these limited to, compensation). communication paradigms require

management and human resources skills | 21 Putting the Law to Work For Managers and Supervisors

Employment issues can be a minefield for managers and supervisors on the front topics lines of employee relations. Each step of • Recognizing and avoiding the the employment process — advertising many forms of discrimination a job opening, interviewing and hiring • Identifying rights protected employees, conducting performance under employment laws such reviews, responding to complaints of as the ADA and FMLA workplace harassment, and terminating • Complying with FMLA and other employees — involves particular legal leave-law requirements requirements. Failure to meet these • Maintaining a harassment-free requirements can have disastrous con- workplace sequences in the form of government sanctions, damaging litigation, negative • Hiring and promotion decisions, publicity, and decreased morale and as well as interviewing skills productivity. • Managing and documenting performance issues This course can minimize your legal risk • Complying with FLSA and other in discrimination and harassment law- wage and hour law requirements suits because it shows you how to • Managers’ obligations according document your good-faith effort to to the laws against retaliation prevent discrimination and harassment and the legal definition of a in the workplace, which is essential whistleblower in avoiding vicarious liability for an • Legal implications of workplace employee’s misconduct. violence

A California version of “Putting the Law to Work” is available to comply with who should attend? California’s AB 1825 legislation requiring • Executives mandatory harassment prevention training . • Human resources professionals • Legal staff • Managers and supervisors

22 | management and human resources skills Choose Any Six Modules As an alternative to a full-day comprehensive version of “Putting the Law to Work,” employers sometimes need intensive and focused training on one or more of the individual topics covered in the course. This is why we offer all “Putting the Law to Work” topics as individual in-depth modules, giving each employer the opportunity to choose the subject areas that are most relevant to its workforce. Half-day sessions are available for each of the “Putting the Law to Work” subjects listed below.

“Putting the Law to Work” is a full- day course that teaches real-world solutions to common employment law problems and gives practical guidance on these essential subjects: • Equal employment opportunity fundamentals • Harassment prevention • Reasonable accommodation • Leaves of absence • Legal and effective interviewing • Performance-management documentation • Verbal coaching skills • Wage and hour compliance • Whistleblowers and retaliation • Preventing workplace violence

management and human resources skills | 23 Putting the Law to Work For Managers and Supervisors

module 1 This course is intended as a hands-on Mastering the Basics: Equal Employ- primer to help give managers and super- ment Opportunity Fundamentals visors concrete tools for figuring out This course reviews three crucial areas when accommodation is necessary of employment law that managers grap- and what exactly they must do to meet ple with daily: discrimination, leaves of the legal requirements. absence under the FMLA, and reasonable accommodation under the ADA. module 4 Our lively “Avoiding Jeopardy” exercise Untangling the Web: reviews the full range of employment Understanding Leave Laws law protections, and the remainder of Managers and supervisors can easily the session teaches participants how get tangled up as they try to comply to apply these protections on the job. with the web of state and federal Using real-world case studies and inter- laws that govern employee leaves of active exercises, the course gives man- absence. Most states have their own agers and supervisors the practical distinct set of entitlements, which over- tools they need to avoid legal pitfalls lap federal family and disability leave and apply these laws consistently and laws. In addition, businesses often have fairly. their own leave-related policies that may further complicate the situation. module 2 “Untangling the Web” gives partici- Risky Business: Preventing pants a grasp of the various leave laws Harassment Please see page 8 for by which they must abide, along with a full description of this course. hands-on tools for complying with federal and state leave laws and for module 3 efficiently managing the process. This Working Together: learning is reinforced by a series of Reasonable Accommodation case studies that reflect some typical The ADA and several state laws employee leave situations — as well as require employers to make “reason- a couple of unusual ones — to provide able accommodations” for employees’ participants with a solid understanding disabilities. Employers are also required that they can take back to the workplace. to make reasonable accommodations for employees’ religious observances. module 5 Unfortunately, managers and supervisors Hiring Smart: Legal and Effective often have a hard time figuring out Interviewing when an accommodation is called for, Anyone responsible for hiring decisions much less what “reasonable” means. faces a dual challenge: finding the best

24 | management and human resources skills person for the job and doing so without straightforward steps to guide perfor- running afoul of discrimination law. This mance management and also takes a is especially true when interviewing close look at how to properly document potential employees. Which questions the process to defend against possible can you ask? Which questions can you litigation. not ask? This course builds essential interviewing skills so that employees module 7 involved in hiring can conduct interviews Good Work: Verbal Coaching Skills that are effective in meeting corporate Verbal coaching is the most cost- human resource needs without creating effective tool a manager can use legal risks. It provides detailed guid- to encourage employee develop- ance on the types of questions an ment. When done well, coaching interviewer may and may not ask, as can improve your business’s bottom well as commonsense strategies for line by increasing employee morale, conducting interviews that identify the productivity, and job satisfaction. For most qualified candidate for the job. some managers, coaching skills seem Just as important, it reviews best prac- to come naturally, but most managers tices for documenting hiring decisions need to learn the specific techniques to avoid future legal challenges. involved. This course breaks down the process into five steps and uses module 6 interactive role-plays to reinforce Getting It Right: Performance- coaching skills and concepts. Management Documentation When employee performance is unsat- module 8 isfactory — despite verbal coaching — Keeping Time: Wage and Hour managers need to address it appropri- Compliance Please see page 13 for ately and clearly. If implemented effec- a full description of this course. tively, the performance management process can improve employee behav- module 9 ior. If the employee continues to under- Walking the Line: Managing Whistle- perform, the process can provide a fair blowers and Avoiding Retaliation and legal basis for discipline or termina- Please see page 15 for a full tion. However, managers don’t always description of this course. provide consistent and timely performance management, which all too often results in a discrimination or harassment lawsuit when an employee is disciplined or terminated. This course maps out

management and human resources skills | 25 Staying Connected Positive Employee Relations

There are many ways that working relationships between employees and management topics can break down and cause employees to • Common management mistakes feel the need to go outside the organization that alienate employees for help. These working relationships are now the subject of public forums like • Trends in union organizing and Twitter and Facebook open to the scrutiny NLRB election rules of other employees, customers, unions, • Managing with a union contract and federal agencies. Fortunately, there • Dos and don’ts during a union

are just as many ways that managers and drive • Update on social media uses supervisors can be attentive to employees’ and the limits for employers concerns and activities, thereby minimizing employees’ need to express their frustra- tions outside the workplace. With employers facing some of the most dynamic and far- who should attend? reaching changes to labor laws since the • Human resources professionals 1930s, managers and supervisors must • Managers and supervisors know what they can and cannot do before their organizations or sites become targets for union organizing.

First and foremost, “Staying Connected” helps managers and supervisors under- stand how they can maintain positive employee relations — the only insurance against union penetration and social media criticism. The course also reviews labor law basics and discusses the most current state of proposed legislative changes and new legal mandates to prepare managers and supervisors to respond swiftly and appropriately to any existing or future union-organizing activities. The newly accelerated pace of union elections makes it all the more critical to have your managers and supervisors prepared well in advance of any union-organizing activity.

26 | management and human resources skills Balancing Act Managing a Unionized Workforce

Whether it is negotiating a collective bargaining agreement, answering a grievance, topics defending the company’s position at arbitra- tion, or everyday direction of the workforce, • Legal guidelines for monitoring, managing a union-represented workforce restricting, or disciplining related to requires a unique set of management skills, comments on social media different from those used with nonrepre- • Managing a hybrid workforce of sented employees. This course is designed union- and nonunion-represented to assist HR representatives, as well as employees/facilities to ensure operations managers/supervisors, in making against further union penetration the union contract work for the company by • Presentation of evidence maximizing the productivity of the workforce • Determining what role the union and minimizing the time spent on union- maintenance issues. can and must play in an investigation • Witness preparation and presentation Presenters begin with a discussion of the • Interpreting contract principles, legal principles applicable to the union- including plain language, clear and represented workforce, as well as the host unmistakable waiver, and past practice of recent changes to current labor law, • Essential questions to ask during any along with the current proposed changes, grievance process and the impact these changes may have on • Supporting your supervisors/ your operations. With the applicable col- sustaining the grievance lective bargaining agreement(s) being the cornerstone of any labor-management rela- • Attendance tionship, presenters spend time with compa- • Overtime ny representatives prior to the presentation to customize the course so that its content w ho should attend? reflects the issues that participants are cur- rently facing in their organization. General • Managers and supervisors who topics covered include evidence gathering, manage unionized employees decisionmaking, case presentation, nego- tiations strategy and execution, appropriate use and monitoring of social media plat- forms, and union relationship building. This course uses small group discussions to analyze interactive hypotheticals to identify real-world solutions in the areas of contract application and relationship management. management and human resources skills | 27

workplace investigations workplace investigations

It is no longer good enough just to have policies in place and conduct training . Within many legal and regulatory frameworks, organizations are expected to be able to investigate and address potential violations as they are suspected . More and more, organizations are being asked to confirm whether a particular matter was investigated and, if so, how well it was done . As a result, the quality of the investigation can have a significant impact on the resolution of the matter, whether it takes place in a courtroom, a state or federal agency, or the court of public opinion . That is why organizations must have access to talented investigators who can handle these matters when it is necessary to reach beyond their own internal resources .

We offer a team of diverse, talented investigators, all of whom are lawyers with experience . They not only conduct thorough, objective, and timely investigations but are also prepared to testify about their investigations if necessary . As independent outside investigators, our attorneys get results for our clients . They remain focused on gathering credible facts and preserving the integrity of each and every investigation that they conduct, regardless of the actual outcome .

Through our MLR investigators, we are able to help our clients bring difficult situations to closure . We are discreet yet thorough in our approach, and are able to make recommendations to clients following investigations with regard to discipline, if necessary, and other remedial measures . Our investigators are approachable and well trained at conducting employee interviews . As a team, we are also able to investigate matters under the attorney-client privilege when appropriate .

Investigations are often best performed using skilled internal personnel . There are times, however, when investigations require someone who is truly independent of the organization . We offer you that flexibility . Please let us know if we can be of assistance .

related course Safe and Sound: Workplace Investigations | page 16

30 31 consulting Diversity and Inclusion (D&I) Consulting Services Diversity and Inclusion (D&I) Consulting Services

Times are changing and so are we . As we move toward a more global economy and the demographics within our own country continue to change at a record pace, the ways in which we conduct business must change as well . We must embrace difference as a competitive advantage to our own success . From different cultural backgrounds, customs, and languages to varying work styles, perspectives, and thoughts, our diversity provides us with a vast array of talents that often go unrealized and undervalued . Those organizations that harness these differences and leverage varying perspectives and talents are better positioned to meet the ever-changing needs, wants, and expectations of their customers . Diversification of thought is the driver of innovation .

Leveraging our differences for a competitive advantage does not necessarily come easily . It is not simply “common sense” and it is not achieved by just “getting along .” Successful diversity and inclusion (D&I) initiatives require a strategy that is inextricably connected to the organization’s overall business goals . There must be a strong connection to the business and senior leadership support in order for any initiative to be successful . Many organizations wrestle with myriad questions when putting together and executing a D&I strategy .

related course Valuing Diversity: Workplace Diversity Training | page 17

Let us know how we can help .

34 These are the types of questions that we help our clients answer:

How and where do we start? (training, mentoring programs, diversity committees, affinity groups, mission statements, supplier diversity, work-life balance initiatives, etc ).

How do we restart an initiative if we have lost momentum?

How do we generate support at the senior level?

What are the legal risks to D&I initiatives and how do we minimize them?

How do we establish a compelling business case for diversity and communicate it throughout the organization?

How do we effectively train our workforce?

How do we measure our successes and opportunities?

How do we safely and effectively review our data, including hiring, promotion, and compensation analysis?

How do we set up mentoring programs, diversity committees, and/or affinity groups?

Let us know how we can help .

about morgan lewis resources real solutions and real value

MLR is Morgan Lewis’s innovative response to a rapidly changing legal landscape — one in which law firm clients insist on cost containment, demand state-of-the-art technology, and expect nothing less than excellence . MLR meets these challenges by leveraging the intellectual capital of a premier law firm to provide cost-effective legal solutions in areas such as workplace training and practice technology .

about morgan lewis Morgan Lewis is consistently ranked among the world’s leading law firms for a reason: We deliver effective solutions to our clients . From day-to-day business decisions to the most complex and global business transactions, our clients rely on the firm to fulfill all of their legal needs . Founded in 1873, Morgan Lewis offers more than 1,600 legal professionals — including lawyers, patent agents, benefits advisers, regulatory scientists, and other specialists — in 25 offices across the United States, Europe, and Asia . Morgan Lewis offers seamless service across practice areas, no matter where our clients reside .

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This communication is provided as a general informational service to clients and friends of Morgan, Lewis & Bockius LLP . It should not be construed as, and does not constitute, legal advice on any specific matter, nor does this message create an attorney-client relationship . The enclosed materials may be considered ATTORNEY ADVERTISING in some states . The photographs used in this material are dramatizations .