Labor & Employment Law Conference
AGENDA
8:00 AM - 8:30 AM Registration & Continental Breakfast
8:30 AM - 9:30 AM Hot Topics in Labor & Employment Law
9:30 AM - 9:45 AM Break
9:45 AM - 10:45 PM Breakout Session I
10:45 AM - 11:00 AM Break
11:00 AM - 12:00 PM Breakout Session II
12:00 PM - 1:00 PM Lunch
1:00 PM - 2:30 PM What to Expect from the New Administration
DESCRIPTIONS
Hot Topics in Labor & Employment Law
Over the past several years, various federal agencies have stepped up enforcement of discrimination, wage and hour and other employment statutes. Last year, several significant court opinions were issued which affect employers. This session will provide an overview of key employment court decisions and statutory and regulatory developments in 2016-2017, and will discuss how those decisions and developments will impact employers in 2017 and beyond.
BREAKOUT SESSION I
Best Practices in FMLA Leave
We will discuss best practices in FMLA leave, from the initial notices to how to track intermittent leave, and the interaction with workers compensation leave. We will also discuss best practices to terminate an employee and prevent an FMLA retaliation claim in light of recent case law.
Retaliation Under the EEOC's New Enforcement Guidance
Retaliation is the most frequently alleged claim of discrimination under the federal employment statutes. In August 2016, the Equal Employment Opportunity Commission issued an Enforcement Guidance detailing its position on retaliation claims. This presentation will consider the legal framework of retaliation claims, review the EEOC’s Enforcement Guidance, and provide practical advice on how to avoid and defend retaliation claims.
Don’t Pull That Credit Report So Fast - The New Pitfalls of Employee Background Checks
An employee background check, in the form of pulling a candidate's credit report, is the cornerstone of a company’s due diligence. However, heightened regulatory scrutiny can make the simple task of pulling a credit report into a high-risk proposition that finds its way to the legal department. We will break down the necessary requirements a company must undertake in an investigation of a potential new hire, commencing with employer compliance with anti-discrimination laws and ban the box legislation, and concluding with guidance on the proper vetting of your service providers who may provide you with important credit information about your candidate.
BREAKOUT SESSION II
Preventing Harassment and Bullying in the Workplace
Workplace harassment and bullying can lead to a litigation minefield for employers. Identifying and addressing workplace harassment is more complicated than ever, especially with the prevalence of social media. We will discuss the potential liabilities that employers encounter when employees harass their co-workers, how to recognize workplace bullying, and suggest some policies and common-sense strategies for employers to minimize their litigation exposure from such conduct.
When Employers Should Bring Counsel to Unemployment Hearings
There is a growing trend of employee’s attorneys using unemployment compensation hearings as “free discovery” for building discrimination claims and gathering information for a subsequent lawsuit. We will discuss this trend and the best way to protect your company from allowing an employee to build their case against you at the unemployment hearing.
Wage & Hour Issues in 2017
In the world of wage and hour compliance, misclassification of non-exempt employees continues to be one of the most problematic and potentially costly issues for employers. In this interactive session, attendees will obtain practical, hands-on experience with an internal assessment of various “too close to call” job categories.
GENERAL SESSION
What to Expect from the New Administration
The Trump Administration is expected to upend the current state of labor and employment law. Employers must be prepared to respond to a new regulatory environment. Charlie Spies, the leader of Clark Hill's Political Law practice and one of the most respected government affairs attorneys in the country, will present on the expectations for executive regulation and Congressional action.