Section CLE Publications

To search all available CLE Publications, visit CeLE Search at http://www.ncbar.org/cle/celeSearch.aspx.

To view Labor Law CLE Programs, click here.

2007 Fundamentals of Employment Law

Abstract: Mediating an Employment Case ... Introduction to Federal Employment Laws (Federal anti-discrimination statutes) ... Introduction to Immigration Practice (Business immigration issues, both substantive and procedural, with respect to filings with USCIS, the Department of Labor, the Department of State, and other government agencies, and pending proposals to reform the immigration laws to deal with the undocumented worker population, on which so many employers depend.) ... Working with the EEOC: From Charges to Lawsuits (EEOC charge process and tips on navigating the process, whether you are representing an individual or a company.) ... Introduction to NC Employment Laws (NC statutory and common law employment laws, including wrongful discharge and anti-retaliation provisions, tortuous interference with contract, and a brief Woodson update.) ... Employment Contract and Restrictive Covenant Basics (The basics of employment contracts in NC, including formation and consideration issues, enforcement issues, restrictive covenants, and confidentiality clauses.) ... Federal and State Wage and Hour Primer (Overtime, vacation time, commissions, wages, and more - an introduction to the heavily regulated world of the federal and NC wage and hour acts.) ... *Click below on "view TOC" to search the Table of Contents*

24th Annual NC/SC Labor & Employment Law Update and Annual Meeting

Abstract: Supreme Court Update (Decisions of the U.S. Supreme Court since October 2007) ... Electronic Discovery in Employment Cases OR FMLA Military Leave - 26 Weeks, Really? ... NC Case Update OR SC Case Update ... *Ethics for the Employment and Labor Lawyer ... District Court Law Clerks Panel on Lawyer Dos and Don'ts in Labor and Employment Cases ... Strategies for Addressing "Me-Too" Evidence - A Marathon Rather Than a Sprint (Recent U.S. Supreme court decision Sprint v. Mendelsohn; Fourth Circuit) ... The New Look of Diversity - Advising Business Clients on the Evolution in Diversity Initiatives (Transgender awareness to supplier diversity risk issues to reverse discrimination claims) ... Issues Facing Corporate Counsel - Reductions in Force and Family Responsibilities Discrimination (RIF's, leaves of absence and caregiver responsibilities) OR EPLI Issues - Typical Policies, Terms Coverages, and Claims Handling (policy, key definitions, coverages and exclusions, and some differences between policies) ... Experiences at the U.S. Supreme Court (Sprint v. Mendelsohn; Burlington Northern Santa Fe Railway v. White; Kolstad v. ADA, Oncale v. Sundowner Offshore Oil, Faragher v. Boca Raton, and Burlington Industries v. Ellerth) ... NLRB Update OR Trends in Punitive Damages ... *Click below on "view TOC" to search the Table of Contents*

An Ounce of Prevention is Worth a Pound of Cure (2008 Ethics/Professionalism and Substance Abuse Awareness)

Abstract: Why Gamble With Your Career? ... Dealing with Gambling and Other Addictions ... The Impaired Lawyer's Impact on the Law Firm (Learn to identify the types of impairment that affect attorneys; Recognize and be able to document objective symptoms of impairment; Appreciate the impact an impaired professional has on his/her employer, colleagues, and clients; Evaluate risks of ignoring impairment including financial and ethical repercussions) ... The Disciplinary Process after a Lawyer is Found to be Impaired (What are the steps in the disciplinary process taken by the NC State Bar after a lawyer's ability to practice law is impaired by substance abuse and/or chemical addiction?) ... *Click below on "view TOC" to search the Table of Contents*

Bankruptcy for the Non-Bankruptcy Attorney

Abstract: n/a

Basics of Franchise Law

Abstract: n/a

Damage in Employment Cases

Abstract: Proving and valuing damages are among the most aggressively contested parts of employment ligation. Does a claimant have a right to damages or only injunctive relief? What types of damages are available? Most importantly, how is each component of the damage award valued? This audio CD takes a practical approach to answering these questions in the context of the most common forms of employment litigation, including wage and hour, discrimination and harassment claims. The audio CD also discusses special damage issues related to Title VII claims. Topics include: Rights to damages; Types of damages - economic, emotional distress, punitive; Title VII claims and damages and Techniques for limiting damages at each state of litigation.

Data Security and Privacy in the Age of Smartphones and Social Networking (Antitrust and Trade Regulation Section Annual Meeting)

Abstract: Data Security and Breach Notification: What Businesses Should Do to Keep Data Secure and What They Should Do When They Fail (Emerging standards for data security, FTC rules and decisions, court decisions and industry standards and Breach notification laws in NC) ... Workplace Privacy: How Do Computers and Employment Mix? (Google and Facebook; Monitoring employees' e-mails, blogs, "twitters" and GPS positions; Developing computer use policies and customers' and employees' privacy) ... Identity Theft and Computer Crimes: Federal and State Prosecutors Bring You News from the Frontline (Hacking, phishing and spoofing; Recent identity theft and computer crime laws) ... Online Privacy and E-Marketing: Avoiding the Sharks While Surfing the Web (Spam and telemarketing; Targeted advertising; marketing to children; liability of bloggers and commenters) ... Practical Aspects of Privacy and Confidentiality in Litigation (HIPAA and Gramm-Leach-Bliley) ... Practical Aspects of Privacy and Confidentiality in Transactions (Evaluating risks related to private information during due diligence; Handling issues related to privacy and data in drafting the contract and Dealing with private information when putting the transaction into effect)

Down-sizing Right: Laying Off Employees While Limiting Liability

Abstract: The widespread and deep slowdown in economic activity is causing employers of every size to reduce their workforces, often substantially and quickly. Reductions in force, particularly at a time of general economic anxiety, can give rise to controversy, litigation and liability if they are not planned, documented and implemented carefully. Decisions made to save companies money can, ironically, embroil them in costly disputes and litigation. This audio CD provides you a practical guide to best practices in making reductions in force in a down economy, including identifying and defending objective criteria for selecting employees for layoffs, ensuring liability does not arise when protected classes of workers are chosen for reduction, essential documentation and notice practices, and what to do when it's too late and litigation has been commenced. Topics include: What to do and avoid when downsizing in a down economy; Criteria for selecting employees for termination to avoid liability; Dealing with protected classes of workers - sex, race, age; Essential documentation and disclosure practices and What to do once it's too late and litigation has commenced.

Effective Lawyering in a Complex World

Abstract: Substance Abuse: Real Stories (An estimated one-third of all attorneys suffer from depression and/or alcohol or drug addiction, at a rate two to three times higher than the general population. The implications for lawyers, loved ones, our clients and the profession are obvious.) ... 10 Practice Management Tips for Effective Lawyering (10 practical, ready-to-implement technology, management and marketing tips to increase your effectiveness and gain more control.) ... Peak Performance and Complex Lives (Reduce stress, while achieving and maintaining peak performance in the complex, demanding life. Practical techniques you can apply immediately to increase your productivity, effectiveness and satisfaction.) ... Dealing with Diversity Within Your Law Office (Understanding some general traits that employees in different age groups tend to share. Review of the main values and approaches to work of the four generations in your workplace and discuss strategies and techniques to better meet the needs of the different generations as well as minimize workplace conflict.) ... The True Professional in a Challenging World (The professional heritage of lawyers and how that heritage is being challenged by the pressures of our 21st century world.) ... *Click below on "view TOC" to search the Table of Contents*

Employee Overtime: Determining Who is "Exempt"

Abstract: Whether an employer is obligated to pay an employee for overtime cannot be easily determined by bright-line rules. Rather, it often involves judgment about what type of work the employee is performing. Making bad judgment calls can lead to substantial employer liability for back wages and penalties. The law in this area is constantly shifting and leaves employers trying to grapple adapt compensation policies and practices to the law. This audio CD provides a review of recent case law and regulatory developments in the classification of "new economy" and traditional job classification, review the impact of class action litigation in this area on employer practices, and provide practical guidance on avoiding liability for back wages in the event of a Department of Labor audit. Topics include: Review of recent case law interpreting "exempt" v. "non-exempt" employees; Important Department of Labor opinion letters, including retail management; "New economy" classifications, including for computer professionals; Trends in class action litigation and Best practices in avoiding liability in event of DOL audit.

Employees v. Independent Contractors

Abstract: One of the fundamental classifications of tax and employment law is whether a worker is an "employee" or an "independent contractor." Riding on that distinction are substantial tax reporting and withholding obligations - and potential liability - for employers. Equally important, employers have traditionally had greater risk of liability for employee rather than independent contractor activity. However, as more employers outsource more work to independent contractors, there are emerging theories under federal employment law broadening the scope of employer liability for outsourced work. This audio CD provides a detailed discussion of the tax and employment law implications of worker classification as an employee or independent contractor. Topics include: Determining whether a worker is an employee or independent contactor; Tax reporting and liability depending on the classification of a worker; Common wage and hour traps; Outsourcing and independent contractors - theories of employer liability under federal law and Employment law implications of using independent contractors in lieu of common law employees.

English-Only and National Origin Issues in the Workplace

Abstract: English-only requirements have increasingly appeared in office policies and on the sales floors of many businesses nationwide. The tides of immigration are increasingly pushing issues related to national origin harassment and the legality of English-only requirements to the forefront of many companies' workplace policies. Led by a senior attorney at the EEOC in Washington, this audio CD provides you with an in-depth discussion of the related issues of national origin harassment, workplace English-only requirements, their relationship to undocumented workers and citizenship requirements, and many other issues that arise in this area. The audio CD also covers best practices for avoiding liability in this increasingly difficult area. Topics include: National origin harassment; English-only requirements in the workplace; Requiring employees to achieve English fluency; Accent discrimination; Undocumented workers and citizenship requirements and Employer defenses and best practices to avoid liability.

Ethics in Employment Law & Litigation

Abstract: Employment law and litigation often exposes legal counsel to very sensitive health, personal and other information involving employees involved in litigation. This audio CD will examine how attorney ethics rules apply to the most common and ethically fraught situations confronting employment law practitioners.

Family & Employment Law: The EEOC's New Caregiving Enforcement Guidance in the Workplace

Abstract: For the first time, the EEOC recently issued guidance on the proper treatment of employees providing caregiving responsibility to family members. This audio CD reviews the EEOC's advise, how it may alter current law, and best practices for implementing policies to protect the rights of employees providing caregiving services to family members.

Fundamentals of Employment Law

Abstract: Title VII Overview ... Labor Overview and Panel Discussion on EFCA ... FLSA Overview ... FMLA and ADA Overview ... War Stories 101 Panel (Relations with government agencies; Mediation; Trial; Case selection) ... Overview of North Carolina Employment Laws Affirmative Action Compliance; Diversity and Inclusion Strategies ... Immigration 101

GP/Solo and Small Firm Symposium

Abstract: Simplified Strategic Planning: Creating a Roadmap to Success (Value-based business practices) ... A Legal Guide to Hiring and Firing (interview process; employment applications; New hire reporting guidelines and employee documentation; Fair Labor Standards Act (FLSA) and Family Medical Leave Act (FMLA); workers' compensation and employee health insurance; termination and dismissal) ... How Not to Manage and Handle Your Trust Accounts ... Virtual Law Practice: Technology and Ethics Considerations (State Bar Ethics Opinion 2005 FEO 10; Limiting the scope of representation and Rule 1.2(c); Informed Consent; Confidentiality and Rule 4) ... The Business of Opening Your Own Business (Setting up your business, entity options, tax issues including payroll, and properly setting up your operating and trust accounts) ... Keeping On and Turning Out the Lights (Planning for your absence; sudden illness or death) ... Making the Leap: Opening Your Own Practice (effective business strategies; handling current clients during the transition and managing future clients) ... Boots on the Ground: Feedback from Lawyers Who Made the Leap ... *Click below on "view TOC" to search the Table of Contents*

How to Build and Manage an Employment Law Practice

Abstract: Written in a direct and accessible style, this guide distills 20 years of experience into the essentials that every employment lawyer needs to know. You'll avoid the most common mistakes that plague startup practices, and obtain valuable advice that can help you at every stage of your practice's growth. How to Build and Manage an Employment Law Practice provides you with practical, real-world advice from an employment law expert, covering situations ranging from the initial client consultation to the pros and cons of solo versus group practice. Plus, you'll get samples of the most common letters and agreements used in employment law as well as general practice, including demand letters, the EEOC charging document, and much more. You'll learn: what to expect from today's employment law practice; how to set up shop; how to effectively market your practice; the specific legal resources you'll need to know; how to select clients; how to manage your cases and workload; guidelines for handling financial concerns. Published by American Bar Association. 6x9 Paperback 176 pages.

Information Security for Lawyers and Law Firms

Abstract: Written for lawyers and lawfirms, this book provides sound advice and offers valuable guidelines and assistance to bridge the worlds of law and technology on important information security issues that face the legal professional every day. Content includes: The ethical duties of lawyers relating to securing their electronic information; How a small lawfirm can have reliable security; What are worms, Trojans, spyware, malware, spiders, key loggers and their implications; Is it safe to use wireless technology for the delivery of legal services; In large firms, what information security duties can be delegated; How lawyers and other law firm personnel can be trained in information security.

Light and Life at the End of the Tunnel: Resources to Aid Lawyers to Live Better Lives

Abstract: Unique Psychological Problems Facing Lawyers (BarCARES: Private health providers, Human Resource Consultants, BarCARES counseling and BarCARES counseling) ... Responding Effectively to the Challenges Presented by an Impaired Colleague in Light of our Duty to Each Other, the Profession, and the Public ... Recovering from Debilitating Mental Conditions or Addictions ... Resources Available to Firms to Enhance Lawyer Effectiveness and Address Lawyer Impairment ... On the 'Broken' Road of Recovery with the Next Generation ... How the State Bar Processes Impaired Lawyer Cases ... Getting the Best Out of Your Brightest and Helping Them Get the Best Out of Themselves (Adhering to the commonly accepted standards of Professionalism; teaching good legal "judgment"; building trust and accountability systematically in your law firm through higher expectations of professionalism) ... The Firm's Response to the Impaired Lawyer (Statistics on the problem of the dissatisfied or impaired lawyer; addiction and mental illness in the workplace; charting an ethical, businesslike and moral course) ... *Click below on "view TOC" to search the Table of Contents*

NCBA 2009 Annual Review

Abstract: n/a

Overtime: Wage and Hour Update

Abstract: Department of Labor audits and private litigation surrounding the proper classification of workers as employees or independent contractors continue to grow as the nature of workplaces change. The troubled economy is forcing new ways of doing business and the reallocation of work among employees and contractors. Those changes and others continue to expose employers to liability as they seek to classify and reclassify workers. This audio CD provides you with a case law update on the proper classification of workers, and cover the impact of Blackberries and other PDAs on determining when a workday begins, issues related to donning and doffing of uniforms, meals and breaks, and telecommuting issues. Topics include: Case law update regarding classification of workers as "exempt" v. "non-exempt"; Blackberries & PDAs: When does the workday begin?; Uniforms: Donning and doffing; Meals and breaks and Telecommuting issues.

Real Estate Deals With Little or No Leverage

Abstract: Commercial real estate is undergoing a dramatic wave of deleveraging - the process of reducing the amount of debt in the capital structure of a real estate project and increasing the amount of equity. Deleveraging is having a profound impact on the economics of both existing and new deals. Debt is generally not available and projects have to rely on more equity than in the past, which in turn fundamentally alters the underlying economics of deals. This audio CD examines the new economics of real estate deals, how existing projects are coping with an inability to obtain replacement financing, and how new deals are being structured with little debt and far more equity. Topics include: New economics of real estate deals in a deleveraged environment; Transitioning old deals to structures with less debt and more equity; Deal terms and demands by equity investors in new deals; Working with lenders to restructure current debt arrangements and Circumstances where new credit is available.

Recent Developments: Race and National Origin Discrimination

Abstract: The nature of racial and national origin discrimination in the workplace is changing. Rarely anymore are their complaints about overt discrimination based on race or national origin. Instead, issues of discrimination take on a much subtler form. Is an English-only requirement a form of national origin discrimination? Can an employer prohibit certain types of non-conventional dress in the workplace? What is the relationship between discrimination and new patterns of immigration and enforcement action against illegal immigrants? For employers seeking to establish best practices and avoid liability these are complex questions with sometimes frustratingly uncertain answers. This audio CD will guide you through new developments in national origin and racial discrimination in the workplace. Topics include: New developments in discrimination in the workplace; English-only requirements; Enforcement against employers hiring illegal immigrants and discrimination; Recent guidance from the EEOC and Reverse discrimination and affirmative action.

Religious Accommodation in the Workplace

Abstract: Religious expression in the workplace is a potentially volatile combination exposing employers to liability in several ways. At what point does the legitimate expression of religious belief and proselytizing become a form of harassment for which employers are liable? Can an employer limit religious expression without violating the 1964 Civil Rights Act or the First Amendment? These are crucial questions as employers establish policies to accommodate religious expression. These and other questions will be addressed in this practical guide to the sources of law and potential liability in this area and best practice for limiting workplace strife and financial liability. Topics include: Civil Rights Act of 1964, National Labor Relations Act, First Amendment; Which employers are covered - which are not?; Types of religious discrimination/harassment - quid pro quo and hostile work environment; Proselytizing in the workplace - the line between harassment and free speech; Employer liability for employee proselytizing and Best practices for accommodation in the workplace.

Retaliation Claims Update

Abstract: In a recent decision, the U.S. Supreme Court substantially expanded the scope of retaliation claims. In Burlington Northern & Santa Fe Railway Co. v. White, the court held that Title VII's anti-retaliation provision does not require a plaintiff to prove an adverse employment action affecting the terms or conditions of his or her employment. Instead, any action by an employer that could "dissuade a reasonable worker" from making a charge of discrimination was sufficient. Even before the court's decision, retaliation claims were rising substantially - and now they are likely to grow even more rapidly. This audio CD examines Burlington Northern, survey the reaction of lower courts and enforcement agencies, and discusses best practices for avoiding retaliation claims under the new standard. Topics include: New "reasonable employee" standard for expanding the scope of retaliation claims; Reaction of lower courts and enforcement agencies to Burlington Northern v. White; Relationship to major ADA, FMLA, and other discrimination statutes; Temporal proximity of alleged retaliatory conduct to discrimination claim and Mixed motives doctrine.

Revitalizing the Lawyer-Poet: What Lawyers Can Learn from Rock and Roll (A Fresh View of Professionalism)

Abstract: Revitalizing the Lawyer-Poet: What Lawyers Can Learn from Rock and Roll (A fresh perspective on the definition of "professionalism" in the context of the modern practice of law. What is professionalism?; What are the causes and consequences of the crisis in professionalism?; Do lawyers have a public responsibility as intermediaries between the people and the law?; Can lawyers make money, have fun and do good, all at the same time?) ... Jam Session: NC Lawyers' Response (Do lawyers need a fresh view of professionalism? What can North Carolina lawyers learn from rock and roll?) ... "One Bourbon, One Scotch, and One Beer" and "Manic Depression" Are Not Just Song Titles: Recognizing and Managing Substance Abuse and Mental Health Problems in the Legal Profession (How does the crisis in professionalism affect lawyers on a personal and individual level? What is its role in causing mental health problems, depression and substance abuse?: Causes of depression and other mental health problems; Causes and nature of substance abuse as problem for lawyers; Strategies for preventing these problems through rebalancing your life and finding new meaning in your work) ... *Click "view TOC" below to search the Table of Contents*

Senior Lawyers Division Fall Meeting

Abstract: Conservation Easements ... Legal Issues and NC Railroads ... Preservation and the Law in North Carolina

The Cybersleuth's Guide to the Internet

Abstract: Much information once only available to professional researchers from expensive sources is now available for free on the Internet, if you know how to find it. This book will show you how to be a cyber-detective and unearth this information FREE (or at low cost!) on the Web. Also included is Levitt and Rosch's North Carolina-specific resource guide on CD. Fully bookmarked and searchable, the CD makes conducting Internet-based N.C. legal research a snap! The book includes examples based on real world research scenarios. Whether you're just starting to use the Internet for serious research or you're a seasoned online research veteran, this book can help you find what you're looking for fast and free. Learn how to use the same tools as skip tracers & private investigators. Find out How to Dig Up "Dirt" About Anyone; Uncover Information to Attack Someone's Credibility; Seek out the Smoking Gun; Mine the Web for Missing People; Discover Addresses (Home and Email); Find Phone Numbers (Even Cellular); Locate Aliases, Employer's Name; Glean Personal Information; Unearth Property Records; Access Public Records. Find free legal research like Full-Text Case Law Databases; Elusive Government Documents; Federal, State and Local Primary Law; Secondary Legal Resources (law review articles, legal news, etc.); Legal Practice Materials and more! (290 page soft cover)

The Electronic Evidence and Discovery Handbook Second Edition

Abstract: E-Discovery and the use of electronic evidence has increased dramatically over the past few years, but many lawyers still struggle with the complexities of dealing with electronic information. This comprehensive book provides lawyers with the templates they need to develop an effective E-Discovery strategy, and to frame appropriate E-Discovery requests. In addition to the ready-made forms, the authors also supply helpful information and commentary to bring you rapidly up to speed in the electronic discovery field. The accompanying CD-ROM features over 70 forms in Word format. Also included is an extensive electronic evidence case digest with over 200 cases summarized!

The Labor and Employment Lawyer's Job: A Survival Guide- Dipanwita Deb Amar

Abstract: This guide gives basic direction on assignments that new labor and employment lawyers are likely to receive. It also provides tips for honing in on the precise questions that need to be asked-- whether of another lawyer in one's firm or an outside entity-- and devising a framework for addressing them. Divided into three parts, it covers: Preliminary Matters- issues that might arise before an employment matter becomes a court action; Employment Litigation- major issues that frequently recur, but are not always recognized or properly treated; Substantive Law- areas that you are likely to encounter in the practice of labor and employment law.

The Lawyer's Guide to Fact Finding on the Internet, Third Edition

Abstract: The most user-friendly Internet research book available for legal professionals today. A complete hands-on guide that shares the secrets, shortcuts, and realities of conducting fact finding on the Internet. Written for legal professionals, this comprehensive desk reference lists, categorizes, and describes hundreds of free and fee-based Internet sites. Useful for investigations, depositions, trial presentations, medical research, gathering competitive intelligence, finding expert witnesses, fact checking of all kinds. Includes information on browsers, search engines, Weblogs, library databases, public records. Includes CD of all links mentioned in book. Select relevant research sources; Access subjects guides, newsgroups, and listserves; Find experts; Research companies, public records; Conduct medical, statistical, international research. Icon system immediately identifies free & free-with-registration sites, pay sites; practical tips & advice on using specific sites; an easy-to-use topical structure, organized the way lawyers think, starting with the best sites first; over 150 screen shots of Web sites; and over 700 pages of factual categories & updated URLs. Stop wasting time on the Internet, and make the Internet work for you! With purchase receive free subscription to bi-monthly e-mail newsletter updating the book: A $99 value.

Back to the Top ↑

NC Bar Association · PO Box 3688 · Cary, NC 27519 · 8000 Weston Parkway · Cary, NC 27513 · Tel: (919) 677-0561
Questions? Comments? Help · Help Demos · NCBA Feedback · Privacy Policy © Copyright 2004, NC Bar Association. All Rights Reserved.