The Supreme Court's Blockbuster Class Action Decision in Dukes v Wal-Mart Stores: What It Says and What It Means for Employers
Is Dukes the death knell for employment discrimination class actions? Is it a roadmap for plaintiff's in future cases? What effect will (and should)
Dukes have on how employment decisions are made in the future? This section will include a discussion of the Supreme Court's class action waiver decision:
Concepcion v AT&T Mobility and we'll talk about whether or not there is a way to make your business "class action proof".
Social Networking in the Workplace
The impact of social networking in the workplace continues to grow. Employers must establish a clear and consistent policy. The legal framework,
strategies and best practice tips will be addressed in this session.
The New ADA
On January 1, 2009, the new amendments to the Americans With Disabilities Act took effect. These changes are intended to substantially expand the application
of the ADA, and grant greater protection to persons who are disabled or perceived as disabled. In this segment, we will discuss what these amendments will
mean for employers and employees.
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.
Retaliation — the New Claim du Jour in the Aftermath of White v. Burlington Northern
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. Employers must address the growing retaliation threat. This segment will discuss the most recent developments
in retaliation law and things businesses can do to address it.
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.
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
Courts continue to wrestle with the issue of what is and is not unlawful harassment. The newest and most important harassment rulings will be discussed
and analyzed.
The National Labor Relations Act in the Electronic Age
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 employers who think the NLRA has nothing to do with them are in for a surprise.
The Latest, Most Important labor and employment cases, along with the not-to-be-missed "Ray and John's Craziest Oddball Cases from 2011"
IAML Open Forum to Include Employee Privacy Issues
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.
