Presentations

2017

October 26, 2017
Birth and death are the two universal human experiences.  Not surprisingly, there are multiple employment laws that pertain to these key life experiences.

We will offer a seminar that discusses birth-related workplace issues such as leave and accommodation rights of new parents and lactation laws for new mothers. The seminar also will provide an overview of some death-related workplace issues, such as bereavement policies and Americans with Disabilities Act and Family and Medical Leave Act protections for life-threatening illnesses and caring for elderly parents and terminally ill family members.

The seminar will be held on October 26, from 8:30 to 10:30 a.m., at Abilities Network, 8503 LaSalle Road, Towson, MD 21286.

As always, there is no charge for the seminar.  Please contact Alison Christian at achristian@smithdowney.com or (410) 321-9000 to register.  (Light refreshments will be served.)

October 19, 2017
Qualified & Nonqualified Plan Self-Audit Techniques

Event to be held Thursday, October 19, 2017 from 8:00 AM to 9:30 AM (EDT), at Harbour Club, 35 Prioleau Street, Charleston, SC 29401.

Learn techniques for self-auditing your qualified retirement plans and nonqualified deferred compensation plans and the options available for correcting errors identified in the self-audit process.

Attendees will learn how to efficiently review plan documentation and administration and identify errors that are most frequently targeted by the IRS and DOL.  Attendees will receive an overview of the correction programs that are available to correct errors before they are identified by the IRS/DOL, minimizing the costs that could be incurred and/or penalties that could be assessed if left uncorrected.

Speakers:

Barry K. Downey

Barry is a partner of Smith & Downey, a U.S. law firm with a national practice concentrating in employee benefits, executive compensation, and labor and employment law. Smith & Downey has offices in Charleston, Baltimore, New York, Washington, D.C., and Sarasota/Bradenton.

Barry is active in various American Bar Association and Maryland State Bar Association committees dealing with employee benefits and executive compensation, and he is a frequent lecturer and panelist at educational programs dealing with those areas. Barry is past Chair of the Maryland State Bar Association’s Employee Benefits Committee and is a co-author of Panel Publishers’ Nonqualified Deferred Compensation Answer Book.

Susan Risinger

Susan is a partner of Smith & Downey, a law firm with a national practice concentrating in employee benefits, executive compensation, and labor and employment law.

Susan has considerable experience in the area of executive compensation for both taxable and tax-exempt employers, and frequently advises tax-exempt employers regarding compliance with Code sections 409A and 457, the IRS’s intermediate sanctions rules and Form 990 reporting requirements with respect to executive compensation. Susan also advises taxable and tax-exempt employers (or their individual executives) with respect to their employment agreements, severance agreements and executive compensation arrangements (including incentive and equity-based compensation).

Please register at the following link: https://www.eventbrite.com/e/october-inforum-qualified-nonqualified-plan-self-audit-techniques-tickets-38587454114?ref=enivtefor001&invite=MTI4MjE2MzUvc3Jpc2luZ2VyQHNtaXRoZG93bmV5LmNvbS8w&utm_source=eb_email&utm_medium=email&utm_campaign=inviteformalv2&ref=enivtefor001&utm_term=attend

June 29, 2017
Doug Desmarais and Kerstin Miller presented a seminar on Sick Leave and FMLA Leave Abuse at Abilities Network in Towson, Maryland.

May 23, 2017
Susan Risinger spoke during a panel discussion presented by the ASPPA Benefits Council of the Carolinas on the topic of identifying and correcting qualified retirement plan errors.

May 11, 2017
Our latest annual clients and friends seminar was held at the BWI Marriott, on Thursday May 11, 2017, from 8 a.m. until noon.  As always, we covered recent developments in the retirement plan, health and welfare plan, executive compensation, and labor and employment areas, with our usual emphasis on practical tips for employers. May 2017 Seminar Outline

May 10, 2017
Barry Downey and Susan Risinger spoke at the breakfast meeting of the Charleston CFO Council, Charleston, SC on the topics of: “Executive Compensation Law and Best Practices when dealing with Agency Investigations”. Presentation 050817

2016

November, 2016
Kerstin Miller has been named Director of the Chesapeake Human Resources Association’s annual Fall Conference to be held in November 2016 in Baltimore, MD. The Chesapeake Human Resources Association is a non-profit human resources (HR) organization with approximately 1,000 members. The purpose of the Fall Conference is to educate human resources professionals and business leaders on recent developments in employment law.

October 10-11, 2016
Kerstin Miller has been selected to speak at the annual Maryland SHRM State Conference in Ocean City, Maryland. Kerstin will discuss Substance Abuse Issues in the Workplace, with a focus on how employers should respond to recent changes in marijuana laws.

August 19, 2016
Barry Downey spoke at the “Well Workplace Roundtable” quarterly meeting held at HCA/Trident Health in Charleston, SC.  Barry discussed the topic “Are You Legal? Key Changes for Wellness Programs”.  Employee Wellness Programs — An Overview of the Legal Issues.

June 30, 2016
On May 18, the Department of Labor issued final regulations governing the payment of overtime.  The new rules are projected to extend overtime pay protections to over four million American workers.

On response to a number of requests from our clients, we will be hosting a seminar to discuss best practices for complying with these new rules and the wage and hour rules generally.

The Seminar will be held on June 30, from 8.30 to 10.30am., at Abilities Networks, 8503 LaSalle Road, Towson, MD 21286.

As always, there is no charge for the seminar.  Please contact Alison Christian at achristian@smithdowney.com or (410) 321-9000 to register.  (Light refreshments will be served.)

May 19, 2016
Doug Desmarais and Kerstin Miller presented at the Frederick SHRM annual conference. Doug will spoke about recent ADA developments and issues that employers need to know, and Kerstin covered Wage and Hour developments, including the proposed changes to the FLSA regulations.

May 5, 2016
Our latest annual clients and friends seminar was held at the BWI Marriott, on Thursday May 5, 2016, from 8 a.m. until noon.  As always, we covered recent developments in the retirement plan, health and welfare plan, executive compensation, and labor and employment areas, with our usual emphasis on practical tips for employers. May 2016 Seminar outline.

April 14, 2016
Barry Downey, Doug Desmarais, and Kerstin Miller spoke at the Maryland Healthcare Human Resources Association’s (MHHRA) Annual Spring Conference. Barry will discuss Wellness issues and related recent EEOC guidance.  Doug will cover Wage & Hour developments, including the proposed changes to the FLSA regulations, and Kerstin will discuss Substance Abuse Issues in the Workplace, with a focus on how employers should respond to recent changes in marijuana laws.

April 11, 2016
Doug Desmarais and Kerstin Miller held a Seminar in respect of Employment Law Audits.  At Abilities Network, 8503 LaSalle Road, Towson, MD 21286.


2015

November 10, 2015
Doug Desmarais and Kerstin Miller spoke at the Chesapeake Human Resources Association’s (CHRA) Annual Fall Conference. Doug discussed “Wage and Hour Guidelines for Maryland Employers: How to Avoid Liability When Paying Employees”, and Kerstin covered “Medical Marijuana and Substance Abuse Issues in the Workplace.”

November 10, 2015
Barry Downey spoke at the TCHRMA annual legislative update meeting sponsored by Trident Health in Charleston, SC on the topic of recent updates in employee benefits law. Seminar Handout: Recent Developments in Employee Benefits and Executive Compensation.

October 14, 2015
Doug Desmarais and Kerstin Miller presented as faculty for The National Business Institute’s seminar titled “Human Resource Law From Start to Finish” held in Baltimore, MD. Doug discussed “Successful Hiring and Recruitment Steps” and Kerstin provided a general overview of “Key Employment Laws”, including the WARN Act, Older Workers’ Benefit Protection Act, Family and Medical Leave Act, Pregnancy Discrimination Act, and Uniformed Services Employment and Reemployment Rights Act (USERRA).

October 13, 2015
Barry Downey held a one-day course on “Nonqualified Deferred Compensation-Advanced” as part of the Louisiana State University Continuing Education Program at the offices of The Pangburn Group, in New Roads, Louisiana.   The course covers all types of nonqualified deferred compensation programs and all types of entities that can sponsor these programs.  The course includes a focused look at the applicable federal tax and labor laws that apply to these programs (e.g., IRC sections 457(f), 451 and 83; and ERISA), with particular focus on the requirements of IRC 409A (and the programs covered by, and exempt from, 409A).  The course also covers the current self-correction options for programs that discover errors in the operation of the program, with case

September 24, 2015
Doug Desmarais and Kerstin Miller presented to members of the Frederick SHRM chapter in Frederick, Maryland. Doug and Kerstin discussed issues related to “Substance Abuse in the Workplace.”

September 16, 2015
Doug Desmarais and Kerstin Miller held a seminar discussing “FLSA Overtime Developments and other Wage and Hour issues”. Further details refer to E-Alerts August 12, 2015.

August 5, 2015
Kerstin Miller presented as faculty for The National Business Institute’s seminar titled “Human Resource Law From Start to Finish” held in Hagerstown, MD. Kerstin spoke on “Workplace Behavior and Privacy” issues and provided an overview of “Controlling Unemployment Insurance Costs in Maryland.”

August 4, 2015
Doug Desmarais and Scott Moeves presented as faculty for The National Business Institute’s seminar titled “Human Resource Law From Start to Finish” held in Gaithersburg, MD. Doug spoke on “Workplace Behavior and Privacy” issues and provided an overview of “Controlling Unemployment Insurance Costs in Maryland.” Scott presented on “The Affordable Care Act.”

June 23, 2015
Doug Desmarais and Kerstin Miller held a seminar discussing “Best Practices for Dealing with Workplace Psychiatric Disabilities” one of the biggest challenges for any human resources department is managing employees who suffer from psychiatric disabilities.

Medical conditions such as anxiety disorders, depression, bipolar disorder, and the like often result in chronic absenteeism, impaired performance, conflicts with fellow employees, and a need for intermittent leave.  These types of disabilities also may be prone to unique leave and accommodation challenges, and, like all forms of both physical and psychiatric medical leave accommodation, are subject to abuse.

In addition to the challenge of ensuring the safety and work performance needs of the workplace, employers also must ensure that any responses to employee psychiatric disabilities are consistent with the ADA, FMLA, HIPAA, and a variety of other federal, state and local laws.

The seminar covered topics such as how to educate supervisors and employees proactively about the laws governing psychiatric disabilities, and best practices for responding to these issues in a way that maximizes the chances of accommodating employees while minimizing the risks of legal liability.  We will cover specifically the intersection of the ADA, FMLA and workers compensation laws, as well as the implications of these laws for STD and LTD policies.

May 7, 2015
We held our annual clients and friends seminar was held at the BWI Marriott, on Thursday May 7, 2015, from 8 a.m. until noon.  As always, we covered recent developments in the retirement plan, health and welfare plan, executive compensation, and labor and employment areas, with our usual emphasis on practical tips for employers. May 2015 Seminar Outline.

March 23, 2015
Doug Desmarais and Kerstin Miller held a seminar discussing “Best Practices for Dealing with State and Federal Agencies” .  The seminar covered topics such as how to proactively prepare for government audits, how to respond to an EEOC charge of discrimination, and when to fight unemployment insurance claims.

2014

November 11, 2014
Barry Downey spoke at the TCHRMA annual legislative update meeting sponsored by Trident Health in Charleston, SC on the topic of recent updates in employee benefits law. Seminar Handout: Recent Developments in Employee Benefits and Executive Compensation.

September 12, 2014
Doug Desmarais and Kerstin Miller presented as faculty for Lorman Education Service’s seminar titled “EEO Compliance in Maryland” held in Linthicum Heights, Maryland. Doug discussed “The Interplay of LGBT and Religious Rights in the Workplace” and Kerstin addressed “Developing Effective EEO and Harassment Policies.”

August 20, 2014
Doug Desmarais and Kerstin Miller presented as faculty for The National Business Institute’s seminar titled “Employee Handbooks and Policies” in Baltimore, MD. Doug addressed “Who Needs and Handbook, and Why?”, and Kerstin discussed “Designing Legally Compliant Technology and Social Media Policies”; “Wage & Hour Compliance”; and “Safeguarding the Workplace.”

June 23, 2014
Scott Moeves spoke on Health Care Reform at the Maryland Construction and Materials Conference in Cambridge, Maryland.

May 1, 2014
We held our annual clients and friends seminar at the BWI Marriott, on Thursday May 1, 2014.

April 24, 2014
Barry Downey spoke at the AICPA/AAML National Conference on Divorce held April 23-25, 2014 at the Bellagio in Las Vegas, NV on the topic of Executive Compensation in Divorce Proceedings.

April 10, 2014
Doug Desmarais and Kerstin Miller held a “Wage and Hour Compliance” seminar at Abilities Network, 8503 LaSalle Road, Towson, Maryland, 21286.

2013

October 22, 2013
Barry Downey spoke with MaxWorth Consulting at a Health Forum WEB Seminar of the American Hospital Association on the topic of Nonqualified Deferred Compensation as an effective Call Pay Program.

October 17, 2013
Barry Downey spoke at the inFORUM sponsored by McLaughlin, Smoak & Clarke in Charleston, SC on the topics of the US Supreme Court’s DOMA decision and the Affordable Care Act.

May 21, 2013
Doug Desmarais, Scott Moeves and Kerstin Miller held the final installment in the “Hire to Fire” seminar series. This installment focused on disciplinary issues (including workplace harassment), performance reviews and termination-related issues.

April 22, 2013
We held our annual clients and friends seminar at the BWI Marriott, on Monday, April 22, 2013

March 20, 2013
Doug Desmarais and Kerstin Miller presented as faculty for The National Business Institute’s seminar titled “Employee Documentation, Discipline & Discharge” in Baltimore, MD. Doug provided an overview of “Investigating and Documenting Employee Misconduct” and also discussed “When and How to Discipline or Discharge Employees.”  Kerstin addressed “Important Considerations for Layoffs” and provided updates on “Controlling Unemployment Insurance Compensation Costs.”

March 5, 2013
Doug Desmarais and Kerstin Miller held a the third installment in the “Hire to Fire” seminar series. This instalment focused on medical-related issues, including the Americans with Disabilities Act and the Family and Medical Leave Act.

February 5, 2013
Doug Desmarais, Scott Moeves and Kerstin Miller held the second installment in the “Hire to Fire” seminar series. This installment focused on compensation issues, including federal and State wage and benefit laws (including the Fair Labor Standards Act).

January 24, 2013
Doug Desmarais and Kerstin Miller presented as faculty for Sterling Education Service’s seminar titled “Fundamentals of Employment Law” in Baltimore, MD. Doug discussed “Sexual, Racial, and other Harassment Issues in the Workplace”, and Kerstin spoke about “FLSA/Wage & Hour Critical Issues.”

January 22, 2013
Doug Desmarais, Scott Moeves and Kerstin Miller held the first installment in the “Hire to Fire” seminar series. The initial installment focused on the hiring process, including job advertisements, interviews, background checks, offer letters and benefits, employee handbooks, affirmative action plans, and employment contracts.