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2018 Employment Law Conference

March 9, 2018

Franczek Radelet was pleased to host its annual Employment Law Conference. You may find the conference materials at the links below. 

#YouToo: All Eyes on Employers Responding to Sexual Harassment Claims

The last six months have witnessed an unprecedented surge in high-profile allegations of extreme and sustained sexual misconduct in work relationships, triggering a passionate national discussion. Failing to prevent an issue - or worse, ignoring an existing problem - can damage employee morale, impact the bottom line, create significant legal exposure, compromise an employer's reputation, and undermine strategies to attract and retain talent. As the frequency and severity of harassment claims rises, our discussion will focus on maintaining the effectiveness of your anti-harassment policies in this challenging new environment, identifying best practices for preventing and responding to complaints, and the impact of the #MeToo movement across industries.

Breakout Sessions:

#1: Complying with the FMLA and ADA When Your Employee Claims a Mental Health Condition

Employers are increasingly confronting employees who suffer from mental health conditions such as depression, stress, and panic attacks. Unlike easy-to-see conditions such as the need for maternity leave or even a knee replacement, mental health conditions often are silent and manifest themselves on a moment's notice. Administering FMLA leave and ADA accommodations in these circumstances can be particularly challenging, and can result in FMLA abuse and increase the risk of FMLA and ADA violations if they are not handled properly. In this interactive session, we will cover a series of difficult workplace scenarios involving mental health conditions and offer practical strategies to address them, all in an effort to increase your FMLA and ADA knowledge and compliance.

#2: The Boomerang Returns: Rapidly Changing Labor Laws Impacting Private, Public, and Non-Union Employers

Following almost a decade of Democratic control, the new Republican appointees at the NLRB have launched a dramatic change to labor law principles that apply to union and non-union workplaces. On the public-sector side, the Supreme Court is poised to rule in a case involving payment of union dues that could fundamentally alter the balance of power between government entities and their unionized workforces, including public K-12 and higher education institutions. In a session designed for all employers - public, private, union, and non-union - we will discuss the latest NLRB and public-sector labor law developments, and offer guidance on collective bargaining trends and the future direction of organized labor.

#3: On Thin ICE: Workplace Raids, Juiced-Up I-9 Audits, and Employer Penalties for Illegal Hiring and Defective Record Keeping

The Director of ICE recently promised to ramp up I-9 audits to five times their level under the Obama administration and return to workplace audits, which have not been seen since the George W. Bush era. ICE, which is charged with monitoring employer compliance with I-9 requirements and ensuring that employers do not knowingly hire individuals without employment authorization, has significantly increased workplace enforcement activity this year, such as the series of raids initiated on 7-Elevens across the country. This session will cover the type of actions expected from ICE this year; how to anticipate and prepare for an I-9 audit or raid, and what to do if a raid or audit occurs; and the potential that an ICE action may also trigger a DOL Wage and Hour Division investigation.

Keys to the Kingdom: HR and Data Security

Few workplace issues have emerged recently that pose a greater threat to any organization than maintaining data security. Here, we explore how Human Resources and IT can work together to ensure the security, integrity, and retention of your organization's vital information - and what can go wrong when they don't. The discussion will include do's and don'ts for employee handbook policies, onboarding, exit interviews, investigations, and best practices in the event your workplace experiences a data breach.

The Workplace of the Future

Featuring Robert Goldman, Labor & Employment Counsel and Senior Manager at Accenture and Michael Yoch, EVP Product at Shiftgig

A recent NPR/Marist poll concluded that 1 in 5 jobs are now performed by contractors or other non-traditional service providers. Within a decade, contractors and freelancers could make up half of the American workforce. This interactive discussion will provide an overview of how longstanding legal principals may be applied to the new "gig" economy, including joint employer issues; new challenges in properly classifying workers as employees or independent contractors; minimum wage, overtime and hours of work requirements; background screens, work authorizations and identity management; duty of fidelity/loyalty and confidentiality; and diversity and pay equity.