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 Will My Employee Ever Work Full Time and at Full Capacity Again?
An interactive workshop that will demonstrate best practices for employers when addressing FMLA, ADA and Workers' Compensation issues
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 2015-2016, and will discuss how those decisions and developments will impact employers in 2016 and beyond.
BREAKOUT SESSION I
Disciplinary Procedures That Protect Your Company From Litigation
The disciplinary process can be a minefield for employers, given that most employment claims are filed after an employee is disciplined or terminated. However, even if employers have clear and appropriate discipline policies in place, the policies are not always followed and discipline is not always issued, even when it is appropriate to do so. In this interactive session, we will discuss best practices in discipline in order to protect your company from common mistakes which lead to lawsuits.
Meet the PLRB
Members of the Pennsylvania Labor Relations Board will participate in a panel discussion regarding recent Board decisions as well as broader issues facing public sector employers. This breakout session will give attendees an opportunity to peek behind the curtain and gain an understanding as to how Board members evaluate issues and makes decisions.
Wage and Hour Update – Independent Contractors, Joint Employment and the New Rule on White Collar Exemptions
The Department of Labor (DOL) continues to aggressively enforce the Fair Labor Standards Act (FLSA). This interactive session will provide a practical overview of recent guidance by the DOL that increases employer’s FLSA exposure when using independent contractors. The session will also discuss the DOL’s recent Administrative Interpretation 2016-1 which increases the likelihood that employers who use employees from a third party are liable for FLSA violations under a joint employment theory. Finally, the session will address the new white collar exemption overtime rule that is expected to go into effect by the Summer of 2016.
BREAKOUT SESSION II
Arbitrator Round Table
A group of labor arbitrators will discuss how they evaluate disciplinary cases, contract interpretation cases and interest arbitrations. The arbitrators will be available to answer questions and provide comments on what they consider important issues when hearing a case.
Bullet-Proofing Your Employee Handbook in the Wake of the NLRB General Counsel Guidance Regarding Lawful Handbook Policies
Employee Handbooks have become an integral part of the employment landscape. They communicate the employer’s policies on a number of issues including workplace rules and expectations, vacation and sick time policies, call out procedures, anti-harassment policies, discipline policies, etc. Recently, this employment staple has come under the fire of the NLRB. In the Spring of 2015, the NLRB’s General Counsel issued a guidance warning employers that their facially neutral handbook policies could be unlawful if they can be construed to negatively affect an employee’s right to seek and improve his/her pay and/or working conditions, regardless of whether or not they are already unionized. This interactive session will focus on specific policies that could be the target of an NLRB investigation. We will examine the policies and work to eliminate problematic language so that they are acceptable in the eyes of the NLRB.
Mental Health Issues in the Workplace
Employers are dealing with mental health issues in the workplace at a rapidly increasing rate. We will examine the trends and the law and discuss how to best deal with such issues to minimize the company’s exposure.
Will My Employee Ever Work Full Time and at Full Capacity Again?
An interactive workshop that will demonstrate best practices for employers when addressing FMLA, ADA and Workers' Compensation issues
A trend in employment law is the intermittent request for FMLA and requests for an accommodation under the ADA such as a flexible starting time or work schedule. In this session, we will present a practical demonstration of an employee’s workplace accommodation and leave requests to his/her Human Resources Director and examine all aspects of this interactive process, from the initial request forward, discussing the ADA, FMLA, workers compensation and the case law and regulations interpreting all statutes.