Changes brought on by implementation of the Affordable Care Act . . . Expanded disability coverage under the recent American with Disabilities Act (ADA) amendments . . . Stepped up Department of Labor (DOL) enforcement of wage and hours laws . . .
These are just a few of the many crucial developments happening right now in the field of employment and labor law—involving statutory and regulatory changes, interpretation, and enforcement— that ALI CLE’s insightful panel of experts will help you absorb and apply to your practice.
This is the premier course for all lawyers - whether law firm or corporate counsel - whose practices touch upon employment and/or labor law, because it not only reviews the myriad laws and regulations that control the employment relationship and provides a labor law update, but also imparts useful practical advice in light of emerging trends. The program’s faculty, with an impressive breadth of experience across the corporate, small business, and government spheres, offers tips on how to help employers operate more effectively, avoid litigation, and promulgate policies that do not conflict with government employment requirements. In addition, there is an up-to-date review of litigation approaches being used by attorneys representing employees.
Come benefit your practice in an intimate setting that offers plenty of opportunities to get your questions answered by experts in the field, as well as a chance to network with like-minded practitioners from around the country!
What You Will Learn
The new obligations and potential costs of compliance with the Affordable Care Act, including the new whistleblower protections
Actions by the National Labor Relations Board to regulate the contractual agreements of non-union employers
Expansion of the coverage of the ADA and the Age Discrimination in Employment Act by the EEOC
Stepped up enforcement of federal wage and hour laws by the Department of Labor and the threat of class action liability
Trends in discrimination, harassment, and retaliation law under Title VII, the ADEA, ADA, and GINA
Compliance with the FMLA and its interrelationship with the reasonable accommodation requirements of the ADA
Trends in employment law, including protection of trade secrets, mandatory arbitration of employment disputes, and settlement of employment cases.
Who Should Attend
Attorneys, who represent employees, defend employment litigation, advise corporations or small businesses on employment and labor matters, or craft employer policies, should attend this accredited continuing legal education program from ALI CLE.
Both experienced practitioners and lawyers just entering the field will find it to be useful and informative.
Keith Wolf, Senior Vice President and General Counsel, St. Barnabas Hospital, Bronx, New York
ALI CLE Staff Attorney: Thomas M. Hennessey, ALI CLE Program Attorney, Content Production
MONDAY, SEPTEMBER 23, 2013
8:00 a.m. Registration and Continental Breakfast
8:55 a.m.Welcome and Announcements - ALI CLE Staff
Video Webcast Segment A
2013 LABOR LAW UPDATE
9:00 a.m.How the National Labor Relations Act (NLRA) Is Being Applied to Non-Union Employers and How Unfair Labor Practices Are Being Redefined by the NLRB - Mr. Panken
The (NLRA) protects the right of employees to engage in concerted activity concerning the terms and conditions of their employment, and to form, join, and assist labor organizations. The current NLRB is expanding its activities to monitor the handbooks, rules, and contracts of non- union employers. This session outlines how these rights are enforced and how the courts are reacting to this expansion.
9:45 a.m.NLRB Representation Proceedings: Election Campaigns, Campaign Tactics, and the Board's Role - Ms. Hodge
The NLRB conducts secret ballot elections to determine whether a majority of the employees in an appropriate unit desire to be represented by a labor organization. This session explores recent union campaign tactics, the NLRB's role, and the limits of effective election campaigns. It also provides an update on the Department of Labor's efforts to cover lawyers under its persuader disclosure rules.
10:30 a.m. Refreshment and Networking Break
10:45 a.m.Negotiating and Drafting Union Contracts - Mr. Kisicki
This session analyzes the strategies and practicalities of collective bargaining and offers drafting advice with respect to contract terms from A to Z.
11:45 a.m.Strikes, Lockouts, Picketing, and Secondary Boycotts - Mr. Suflas
The NLRA preserves the right of employees to strike to enforce bargaining demands, but at the same time regulates strikes and picketing that exceed statutory rights. This session delineates the borders and illuminates the rights of both sides to take and prevent prohibited actions.
12:15 p.m. Lunch Break
Video Webcast Segment B
KEY ISSUES IN EMPLOYMENT LAW
1:15 p.m.Complying with Wage and Hour Laws - Ms, Hodge
Wage and hour laws are counterintuitive traps for the unwary employer. Costly class (collective) action litigation is burgeoning, and the courts may be tiring of overbroad class actions. This presentation details how to comply with wage and hour laws and what to do when the plaintiff or Department of Labor knocks
2:00 p.m.State Law Developments - Mr. Turner
Employment relationships are not only regulated by federal law; state and local laws control the relationship, too, and require compliance. This session outlines new state employment laws and trends in state legislation and decisions.
2:45 p.m. Networking and Refreshment Break
3:00 p.m.Recent Supreme Court Employment and Labor Law Rulings - Messrs. Alvarez and Fleming
Last term, the Supreme Court decided more important cases involving labor and employment law than any term in recent history. Our distinguished panel illuminates the practical approaches needed to comply with the rulings and the potential impact of these cases on your practice.
3:15 p.m.Federal Employment Law Update - Messrs. Conn, Fleming, Kisicki, and Suflas
• OSHA: The structure and latest developments under the Occupational Safety and Health Act - Mr. Conn WARN Act: How to avoid problems concerning reductions in force and plant closings under the notice requirements of the
• WARN Act - Mr. Fleming
• FMLA: The latest developments under the Family and Medical Leave Act - Mr. Suflas
• IRCA: The effect of the new immigration reform act ( if passed) and the old requirements, including the New I-9 forms and employer problems in employing undocumented workers - Mr. Kisicki
5:15 p.m. Adjournment for the Day
Reception for Faculty and Registrants
TUESDAY, SEPTEMBER 24, 2013
8:30 a.m. Networking Session and Continental Breakfast
Video Webcast Segment C
KEY ISSUES IN EMPLOYMENT LAW (continued)
9:00 a.m.How to Keep a Firing from Backfiring - How Anti-Discrimination Laws Work - Mr. Panken
Our expert discusses illegal employment discrimination laws and explains how these laws are enforced by government agencies and private litigants.
9:45 a.m.Disability Discrimination - Ms. Mastroianni and Mr. Morris
Federal, state, and local laws prohibit discrimination on the basis of disability against individuals who can do the essential functions of the job with or without reasonable accommodation. This session outlines basic disability laws and expands on the latest developments in this area. Included is a discussion of how reasonable accommodation is determined.
10:45 a.m. Networking and Refreshment Break
11:00 a.m.Recent Developments in Protected Class Litigation: Race, Sex, Age, National Origin - Ms. Hodge, Messrs. Fleming and Alvarez
• Recent Developments in Sex Discrimination and Harassment Litigation
• Recent Developments in Age Discrimination Litigation - Mr. Fleming As the boomers age, we expect an increase in age discrimination cases and an increase in class actions as well. This session outlines the law in this area and suggests ways to avoid potential liability.
• Recent Developments in Other Protected Class Litigation - Mr. Alvarez Race and national origin litigation is booming. This session outlines the basic requirements in this area and identifies the growing litigation trends.
12:30 p.m. Lunch Break
Video Webcast Segment D
KEY ISSUES IN EMPLOYMENT LAW (continued)
1:30 p.m.The Affordable Care Act - Mr. Morris
The Affordable Care Act will affect private employers dramatically beginning in January 2014. Our expert addresses the requirements (to the extent there are regulations in place), strategies for compliance, and the possibilities of dealing with the issues raised by the Act, including who is exempt, how multiemployer plans are impacted, and what the costs are of non-compliance versus compliance.
2:15 p.m.Retaliation and Whistleblowing Prohibitions - Messrs. Panken and Mr. Wolf
The EEOC receives more retaliation complaints than complaints from any other protected class. There are over ten thousand reported decisions on retaliation every year and it is virtual malpractice for a plaintiff's counsel to omit a retaliation cause of action in a discrimination complaint. This session outlines the elements and developments of the cause of action and details defenses to alleged protected activity, adverse employment action, and causation.
3:00 p.m. Networking and Refreshment Break
3:15 p.m.Trends in ERISA and MEPPA Enforcement and Litigation - Ms. Hoffman
The recent recession has brought an increased focus on the regulation of pension plans under the Employee Retirement Income Security Act. Meanwhile, contributors to Multiemployer Pension Plans who cease contributions are finding themselves liable for massive amounts of withdrawal liability to underfunded plans. This session outlines the basic laws in this area and highlights the growing trends.
4:00 p.m.Drafting Employment Applications, Employment Contracts, Manuals, and Releases - Messrs. Panken and Wolf
This session reviews and analyzes the key issues in drafting employment-related documents, using concrete forms and examples designed to maximize employer interests and avoid illegalities.
5:00 p.m. Adjournment
Total 60-minute hours of instruction: 13.25 hours, including one hour of ethics accepted as such by most, but not all, MCLE jurisdictions.
Suggested Prerequisite: Limited experience in legal practice in subject matter or completion of Basic CLE Course in subject matter
Educational Objective: Development of an understanding of the major laws affecting the employment relationship; acquisition of knowledge and skills to develop proficiency as a practitioner; development of necessary skills to counsel clients facing practical problems; provision of information on recent legal developments