State Employment Law Trends Part I --  Addressing Employees' Off Duty
On Demand

State Employment Law Trends Part I -- Addressing Employees' Off Duty Conduct: Political Activity, Social Media and Criminal Activity

Barbara Johnson |  Shanda Botts |  Latoya Asia
Course Levels:
1 hour
Audio and Video
Original Program Date :
Jul 06, 2018

Course Description

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Course Description

This program is the first in a series of presentations focused on employment issues where state laws have a major impact.  Historically, employment law was very federal law-centric.  If an employer followed federal employment laws such as Title VII or the Fair Labor Standards Act, an employer would be in compliance with most significant employment laws.  Over the last few years, state and local governments have enacted a myriad of employment laws, creating major challenges for multi-state employers.  Our objective is to help the audience understand trends.  

In this session, we start with a very state law focused topic--off duty conduct of employees.  First we’ll talk about state laws that govern employers’ ability to take action based on an employee’s off-duty conduct.  Then, we discuss appropriate actions when an employee is accused or convicted of criminal conduct.  We will wrap up by focusing on taking action against an employee because of off duty political activity and social media posts.

Course Learning Objectives:

At the end of this session/webinar, participants will be able to take appropriate employment action when an employee engages in off-duty conduct that affects the workplace.

Topics and Agenda

  • Minutes 1 -5: Introduction
  • Minutes 5 - 15:  Topic 1 - State laws affecting an employer's ability to take action because of off-duty conduct
  • Minutes 15 -35:  Topic 2 - How should employers address an employee's alleged criminal conduct
  • Minutes 35 - 55:  Topic 3 - How should employers address an employee's political statements and social media
  • Minutes  55 - 60:  Closing Statements

CLE Credits

Mandatory CLE Credit

This program may be eligible for a total of 1 CLE credit(s) in a 60 minute state of which 0  are Ethics credits.

This program may be eligible for a total of 1.2 CLE credit(s) in a 50 minute state of which 0  are Ethics credits.




This course has been approved for 1 MCLE General Credit(s) in California of which 0 are Legal Ethics, 0 are Elimination of Bias in the Legal Profession, 0 are Prevention, Detection and Treatment of Substance Abuse/Mental Illness that Impairs Professional Competence.


This course has been approved for 1 MCLE General Credit(s) in Illinois of which 0 credit(s) qualifies for Professional Responsibility credit.


This course has been approved for 1 CLE Credit(s) in Ohio of which 0 credit(s) qualifies for Ethics credit.


Select Counsel is an approved provider in the State of Pennsylvania. This course has been approved for 1 CLE Credit(s) in Pennsylvania of which 0 credit(s) qualifies for Ethics credit.


This course has been approved for 1 MCLE Credit(s) in Texas of which 0 credit(s) qualifies for Ethics credit.


This course has been approved for 1 CLE Credit(s) in Washington of which 0 credit(s) qualifies for Ethics credit.

Other MCLE Jurisdictions

Reciprocal States: The following jurisdictions allow reciprocity for courses approved in other MCLE jurisdictions:Alaska, Arkansas, Colorado, Florida, Montana, New Jersey, New York, North Dakota, and Oregon.

Self Reporting States: States that allow an attorney to apply or self-report CLE credit are: Alabama, Delaware, Hawaii, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Utah, West Virginia, Wisconsin and Wyoming.

Course Materials


Barbara Johnson Related seminars and products: 2


Potter & Murdock PC

Ms. Johnson is a seasoned professional who handles the full array of management-side labor and employment matters. She provides advice and counsel on day-to-day employment issues; conducts workplace investigations; litigates discrimination claims, class and collective actions, whistleblower/retaliation claims, wage and hour claims, public law (municipalities and school systems), breach of contract claims, ERISA claims, and employment arbitrations. Ms. Johnson has extensive jury trial experience.

LAW SCHOOL: College of William and Mary (Marshall-Wythe)
LOCATION: Washington, DC

Shanda Botts Related seminars and products: 2

VP, Associate General Counsel - Employment Law


Shanda Galloway Botts serves as Vice President and Associate General Counsel—Employment Law for AARP, Inc. and is based out of AARP’s national headquarters in Washington, D.C. AARP is a non-profit, non-partisan social welfare and membership organization, dedicated to addressing the needs and interests of persons 50 years of age and older. AARP is dedicated to enhancing quality of life for all as we age, leading positive social change, and delivering value to members through information, advocacy and service. Shanda manages Labor & Employment law matters enterprise-wide for AARP, Inc., AARP Foundation, AARP Services, Inc. and Legal Counsel for the Elderly. She manages employment litigation and provides advice, counseling and training to AARP managers and HR professionals.
LAW SCHOOL: Wake Forest University School of Law 
LOCATION: Washington, DC

Latoya Asia Related seminars and products: 2

Assistant General Counsel

E*TRADE Financial Corporation

Latoya C. Asia is an employment law and litigation attorney with a passion for providing diversity, inclusion and equity strategy and support within organizations.  In her current role as Assistant General Counsel at E*TRADE Financial Corporation, Ms. Asia provides practical legal counsel on a range of employment matters impacting the Company and develops creative solutions to Human Resources issues across the U.S. and international locations.  Ms. Asia also represents the Company before various administrative and regulatory agencies, such as the Department of Labor (DOL), Equal Employment Opportunity Commission (EEOC), and the Financial Industry Regulatory Authority (FINRA).  Prior to joining E*TRADE, Ms. Asia practiced labor & employment law at McGuireWoods LLP.
LAW SCHOOL: College of William and Mary (Marshall-Wythe)
LOCATION: Washington, DC

MCLE Information for On-Demand

MCLE Information for On-Demand Seminars

General Information

Please note that Select Counsel delivers multiple on-demand courses. Please view a specific course program’s description page or marketing materials for information indicating the jurisdictions a specific program is eligible for credit.

Accreditation Information

Select Counsel applies for credit for most of it's on-demand seminars the following states:

  • Georgia
  • Illinois
  • Ohio
  • Texas
  • Washington

Select Counsel is an approved accredited provider for in the states of California and Pennsylvania.  CLE credit is available for all Select Counsel courses. 

Please refer to the CLE credit tab to determine which states are approved and those that are pending.

Select Counsel does not seek direct accreditation in AL, AK, AZ, CO, CT, DE, FL, GU, HI, IN, IA, ID,  KY, LA, MN, NE, ME, MO, MP, MS, MT, NH, NJ, NM, NY, NV, NC, ND, OK, OR,  PR, RI, SC, TN, UT, VI, VA, VT, WI, WV and WY.  However, if there is a high demand for a particular state during the registration process, Select Counsel will consider submitting an application for accreditation in that state. Meanwhile, most states allow for Course Approval Reciprocity or Attorney Submitted Applications for Accreditation.  Please see details below.

Course Approval Reciprocity

The following states allow attorneys to earn CLE credit through reciprocity from a course or course provider that meets the basic requirements for approval in that state.  States that allow reciprocity for courses approved in other jurisdictions are listed below.  Click any of the states  below for rules and regulations regarding reciprocity in that  below state.

Self-Reporting/Accreditation States

Select Counsel has not submitted applications in the states listed below.  Many states allow attorneys to submit a course for approval and/or self-report their attendance to the their MCLE Board if it has not been submitted by the sponsor of the course. Currently attorneys who participate in a Select Counsel course who want CLE for the states listed below need to apply/report directly with that state. However, if there is a high demand for a particular state during the registration process, Select Counsel will consider submitting an application for accreditation in that state.

  • Alabama
  • Delaware
  • Georgia (for some select counsel programs, see the CLE Credit tab for additional information)
  • Hawaii
  • Idaho
  • Indiana
  • Iowa
  • Kentucky
  • Louisiana
  • Minnesota
  • Mississippi
  • Nebraska
  • Nevada
  • New Hampshire
  • New Mexico
  • North Carolina
  • Oklahoma
  • Oregon
  • Rhode Island
  • South Carolina
  • Tennessee
  • Utah
  • West Virginia
  • Wyoming

At this time, Kansas requires the sponsor of all non-traditional format courses to submit the program application. (Kansas will not accept an application from an individual lawyer).


Please note that some states have accreditation fees. In addition, some states may not approve specific programs, formats, or topics for credit. This list is a general guide only. Specific information about your state accreditation requirements can be found on your state's regulator page. For contact state regulator contact information please visit the Continuing Legal Education Regulators Association at

Certificates of Attendance and Tracking

For each on-demand seminar, Select Counsel will be tracking your attendance through participation codes that pop up during the presentation. Instructions on how to use these participation codes, along with information about how to retrieve your credit will be provided to you prior, during and after the completion of the program.


Upon completion of the course you will receive a either a state specific certificate of attendance for the courses that Select Counsel applied for or a Uniform Certificate of Attendance for states that have reciprocity or are self applying/reporting states.  


State by State reporting instructions will be included with each certificate of attendance. You will receive this information via email, as well as in a handout that can be accessed before, during and after the course in your customer account.

Participation Reporting

Select Counsel only applies for course approval in the following states: CA, IL, OH, TX, and WA and is an accredited provider in PA.  Select Counsel will report attendance in any of the above states (e.g. PA) that require the provider to report attendance.  For states that allow course approval reciprocity and/or that attorneys are self-reporting/applying, Select Counsel will guide you to the appropriate forms and governing bodies. All information about reporting credit to your state will be provided as a hand out prior, during and after the completion of the course.

A Note About MCLE Credit

The content on this page is for informational and educational purposes only. Each state has its own rules and regulations indicating what qualifies for CLE credit. Certain programs, subjects, and formats may not receive credit in some states and there may be specific rules regarding who may earn credit or the maximum number of credit hours that may be earned with specific formats.  Please contact your state MCLE regulatory entity for specific questions about your MCLE rules. For contact information, go to

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