The November Presidential Election Could Mean Big Changes and New Risks for Employers
There has perhaps been no election that could so immediately effect the employment and labor practices of employers. The impact of the
November election on the area of human resources will be one of the focuses of the conference.
The Wage and Hour Tsunami Continues: How Should Employers Respond?
The number of suits alleging violation of the wage and hour law (FLSA) continues to skyrocket. The issues are numerous - working off the clock,
working through lunch, working at home, misclassifying jobs as exempt from overtime - and expensive settlements are running in the tens of millions
of dollars; some are in the hundreds of millions. Is there anything an employer can do to avoid, or at least reduce the risk of these cases?
The answer is "Yes," and the presenters will discuss what to do.
The Future of Employment Law In the Year 2008 and Beyond
With Congress now controlled by the Democrats, a flurry of proposed legislation has been introduced. For example, the Employee Free Choice Act would
permit union certification based on a card majority without a secret ballot election, and would also provide for binding arbitration if the employer and union
could not agree on a contract. The so-called Lilly Ledbetter Act would allow employees to go back years, perhaps decades, in suing for pay discrimination.
Other proposed legislation would prohibit employment discrimination based on sexual preference, and would relax the definition of "disability" under the ADA.
And more. Our presenters will discuss these proposed new laws and their chances for success.
Retaliation — the New Claim du Jour in the Aftermath of White v. Burlington Northern
The Supreme Court's White decision in June 2006 opened the floodgates for retaliation claims, and the "flood" has begun. Like wage and hour claims,
retaliation claims are becoming a big favorite among plaintiffs' lawyers. Following White, employees are claiming retaliation for things such as the
employer opposing an unemployment claim, issuing a citation for an unleashed dog, and threatening to undermine an employee's marriage.
Supreme Court Update
The U.S. Supreme Court has recently decided, and will soon decide, a number of important employment law issues, including whether a discrimination plaintiff
can introduce "me, too" evidence of other employees allegedly discriminated against, and whether an EEOC Questionnaire constitutes a "charge" of discrimination.
The very latest Supreme Court rulings, and what they mean for employers, will be analyzed in this segment.
Practical Issues in Employment Litigation: What Wins and Loses Cases for Employers
Almost every employer can tell one or more "horror stories" of an employment law case "gone south." It could have been a huge verdict against the employer,
a court sanctioning an employer, the employer winning but paying a staggering sum in attorney fees, or some other disastrous result. In this segment, the presenters
will discuss what wins and loses cases, when to settle, and when not to, and why employers get "blindsided" at trial.
Babyboomers Are Now Called "Plaintiffs"
As babyboomers age and lifespans increase, the number of people in the "protected age group" - 40 and over - is growing dramatically. At the same time, employers
seek ways to "create opportunities" for less senior workers to advance. Other employers look for ways to cut costs. As a result, older employees often find themselves
out of a job, and not very happy about it. Age discrimination cases present special problems and different risks for employers, all of which will be reviewed
in this segment.
FMLA — A Migraine Headache (Serious Health Condition?) for Employers
Employers are close to unanimous — the FMLA (sometimes called the "Fridays and Mondays Leave Act") creates more problems for them than any other federal
law governing employment. Court decisions interpreting the FMLA are all over the map. The Department of Labor's regulations are woefully out of date. In this
part of the program, we will discuss the latest FMLA cases and what employers can do to "treat" their FMLA headache.
Legal Updates on Harassment and the Americans With Disabilities Act
Courts continue to wrestle with the issue of what is and is not unlawful harassment, what is and is not a disability under the ADA, and what it means to
"regard" someone as disabled. The newest and most important harassment and ADA rulings will be discussed and analyzed.
The National Labor Relations Act in the Electronic Age
A lot has changed since the 1930's when Congress passed the NLRA. The NLRB is presently confronting a number of issues that will shape the future of
labor law. Some of these issues include: whether employees can use an employer's e-mail system for union solicitation; whether an employer must include
the employees' e-mail addresses on the Excelsior list provided to the union; whether an NLRB notice-posting can or must include posting on the employer's
intranet system; whether an employer can prohibit use of its e-mail for union business. Non-union employees who think the NLRA has nothing to do with them
are in for a surprise.
The Latest, Most Important State Law Development, Including Non-Competes, Trade Secrets, Change-In-Control Agreements and New Theories
of Discrimination
State courts and state legislatures are becoming more aggressive in regulating the employer-employee relationship. The increase in "job-hopping" presents
challenges in the area of trade secrets, non-competes, and other restrictive covenants. This segment will discuss the latest developments at the state level.
IAML Open Forum
So that everyone's employment law questions can be answered, there will be an "open forum" session that will provide
you with an opportunity to ask questions regarding topics that were not covered in the Advanced Conference agenda.
Please note: Because of the dynamic changes taking place in employment law, IAML will make
every effort to ensure that the program content presented is timely and includes all new
significant developments in the area of employment law. Therefore, we reserve the right to modify
the curriculum and/or instructors when such changes are deemed beneficial.
