Compliance Remains the Priority: Franczek Radelet's Annual Hospitality SeminarRitz-Carlton - Chicago
October 23, 2015
8:00 am - 12:00 pm
Carrots, Sticks, and their Impact on the Health of Your Employees: Employee Wellness Program Design and Compliance Issues
Employee wellness programs have become increasingly popular in recent years among virtually all types of employers. By encouraging and incentivizing healthy behavior, these programs are believed to help drive down employer health plan costs and improve employee productivity and engagement. But the EEOC and other regulatory agencies have recently increased their focus on wellness programs, leading to a number of legal compliance issues that employers must consider when designing and maintaining a wellness program. We discussed these developments and addressed the various types of wellness programs. We covered the new compliance landscape for these programs, and the issues employers should consider when designing, administering, or modifying a these programs.
Chief Operating Officer of the Hotel Employers Labor Relations Association and our former partner, Jim Zuehl, provided an update on union activity. He shared his perspective on what these union initiatives mean for hotels around the City.
Shifting Workplace Enforcement Priorities and Employment Authorization Delays: What Risks Do Hospitality Employers Face?
The Department of Homeland Security continues to aggressively conduct workplace enforcement investigations and has recently begun targeting food manufacturers and related industries as areas of "critical infrastructure." It is critical for employers in the hospitality industry to examine their I-9 and onboarding policies and procedures, and to examine workplace enforcement risks inherent to their contracts with suppliers of critical services. Tejas Shah addressed how to minimize the risk of disruption of essential services at your hotel due to workplace enforcement, how to account for delays in the issuance of employment authorization to foreign workers, and the impact on your hotel of other expected changes to immigration laws and policies as a result of executive actions.
A Look at the NLRB’s Continued Labor-Friendly Actions
The NLRB continues to issue labor-friendly decisions, rules, and regulations. Chris Johlie provided an update on the latest developments under the expedited election rules, including its impact on all employers. He also discussed some of the NLRB's most recent decisions on protected, concerted activity; the test for joint employer status; and permissible employer conduct during an organizing campaign--issues that affect union and non-union employers alike.
Current Issues in Wage and Hour Law
This session provided an update on recent regulatory activity and guidance by the Wage and Hour Division of the U.S. Department of Labor, as well as trends that we are seeing in wage and hour litigation. Bill Pokorny addressed the status of the proposed new FLSA exemption regulations, the DOL's guidance on independent contractors, and common employment practices that are now being challenged by some enterprising plaintiffs' lawyers.
This program has been submitted to the HR Certification Institute for review. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org. Illinois MCLE credit also will be available to attorneys attending the program.