Employment and Labor Relations Law
for the Corporate Counsel and the General Practitioner
Why Attend?
Employment is already the most regulated relationship for both employers and employees. EEO, NLRA, LMRA, ADA, ADEA, FEP, FLSA, WARN, SOX, USERRA, OSHA, OFCCP, FCRA, FMLA, OWBPA, IRCA, MEPPAA, and ERISA all are acronyms for potential employer liability, employee lawsuits, and government intervention. And Obama administrators are constantly expanding the scope of employment-related regulations.
This course, comprising more than 16 hours of instruction, gives lawyers on the firing line a comprehensive overview of the myriad laws and governmental regulations that regulate the employment relationship. It is a basic introduction for lawyers new to the field and an update for more experienced lawyers.
This course teaches you what the laws affecting the employment relationship require and how to help clients comply and minimize employer exposure to expensive government agency, individual, and class action lawsuits. The focus is not just on what the laws command, but on practical advice in helping employers comply in the most productive manner.
The program also focuses on new developments in this rapidly changing arena, including the tidal wave of retaliation lawsuits, the new breadth of the Americans With Disabilities Act, the new direction of the union-oriented National Labor Relations Board, the proliferation of wage and hour class actions, and highlights of this year’s U.S. Supreme Court cases.
Skilled, experienced practitioners discuss ways to deal effectively with administrative agencies and labor unions and with the ethical problems that arise in the practice of employment and labor law. In addition, there are sessions on drafting the most important documents needed in the field: employee manuals, employment and severance agreements, collective bargaining agreements, and releases.
Time is set aside throughout the program to address registrants' questions.
What You Will Learn
By the end of this course, you will be able to:
• Recognize the employer’s legal exposure;
• Plan positive employment practices;
• Draft basic employment contracts, rules, and manuals;
• Advise your clients on practical procedures to avoid or minimize significant risks in their employment relationships; and
• Decide intelligently when to seek more expert advice or outside counsel.
Who Should Attend
This is the premier introductory course for all employment and labor law attorneys. Whether you are new to this field or an experienced practitioner, this course builds a solid foundation to help you handle practical problems that arise every day. It provides:
• An introduction to the myriad laws and governmental regulations that control the employment relationship
• Updates on new developments in this rapidly changing field
• Practical advice on how to help employers operate effectively
• An intimate setting with plenty of opportunities to get your questions answered by experts in the field and network with like-minded practitioners from around the country
Planning Chairs
Peter M. Panken, Epstein Becker & Green, P.C., New York (also on faculty)
Frank Cummings, Washington, D.C.; Lecturer, New York University and University of Virginia Schools of Law (also on faculty)
Kay H. Hodge, Stoneman, Chandler & Miller LLP, Boston (also on faculty)
Faculty
Michael L. Banks, Morgan, Lewis & Bockius LLP, Philadelphia
Eric J. Conn, Epstein Becker & Green, PC, Washington, D.C.
Joseph Z. Fleming, Greenberg Traurig P.A., Miami
John Gaal, Bond, Schoeneck & King, PLLC, Syracuse, New York
Mark G. Kisicki, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Phoenix
Dorothy L. Moore-Duncan, Regional Director, National Labor Relations Board, Philadelphia
Frank C. Morris, Jr., Epstein Becker & Green, PC, Washington, D.C.
Steven W. Suflas, Ballard Spahr LLP, Cherry Hill, New Jersey
Samuel F. Wright, Captain JAGC, USN (Ret.); Director, Service Members Law Center, Reserve Officers Association, Washington, D.C.
ALI-ABA Staff Attorney: Thomas M. Hennessey, Assistant Director, Office of Courses of Study
NEW! This course is also available as a Groupcast being held at the MCLE Conference Center in Boston. Registration for the Groupcast begins in mid-April. To register, go to www.mcle.org.
Program Schedule
WEDNESDAY, JUNE 13, 2012
8:00 a.m. Registration and Continental Breakfast
8:55 a.m. Welcome and Announcements - ALI-ABA Staff
Video Webcast Segment A
9:00 a.m. Introductory Remarks and Course Overview
LABOR RELATIONS LAW- Ms. Hodge, Chair
9:10 a.m. The Basic Structures of the National Labor Relations Act (NLRA) - Mr. Panken
Section 7 of the NLRA protects employee rights to form, join, and assist labor organizations and to engage in concerted activity for mutual aid and protection. Section 8 provides the mechanism for enforcing employer and employee rights. This session identifies who is entitled to which protected rights and details the enforcement mechanisms under the NLRA.
9:45 a.m. National Labor Relations Board (NLRB) Representation Election Proceedings: Determining Employee Desires - Mr. Kisicki
The NLRB conducts elections to determine whether a majority of the employees in an appropriate bargaining unit want union representation. But first it must decide who may vote. Then it encourages a vigorous, but fair, election campaign. This session explores the NLRB's role and the limits of effective election campaigns.
10:30 a.m. Networking and Refreshment Break
10:45 a.m. Economic Pressure: Strikes, Lockouts, Picketing, and Secondary Boycotts - Ms. Moore-Duncan
When are these activities protected, and what recourse do employers and employees have to protect their rights? Can employers lock out , but still operate with replacements? When are strikers protected from discharge or replacement? When can picketing or boycotts be enjoined, and what is the NLRB role in seeking injunctive relief?
11:30 a.m. Unfair Labor Practices - Ms. Hodge
12:15 p.m. Lunch Break (box lunch provided by ALI-ABA)
Video Webcast Segment B
1:15 p.m. Drafting Collective Bargaining Agreements from A to Z - Mr. Kisicki
A primer on the drafting of terms of collective bargaining agreements from Arbitration to the Zipper clause is presented.
2:00 p.m. Handling Grievances and Arbitrations under Union Contracts - Mr. Fleming and Ms. Hodge
Two experts discuss the grievance process, including responding to issues and the use of persuasion and compromise. They also discuss the arbitration process, including selection of the arbitrator, framing the issues, preparing the case, and conducting the arbitration.
3:00 p.m. Networking and Refreshment Break
3:15 p.m. The Employers' Dilemma: What To Do in Anticipation of a Union Organizing Campaign - Mr. Kisicki
If the notice posting requirement of the recently enacted NLRB rule is in effect, will that facilitate union organizing efforts? If the NLRB mandates shortened pre- election periods, what should employers do to prepare for the eventuality of union elections? What can or should employers do to get their side of the election campaign issues across to the voters to ensure that they make an informed choice when they vote?
3:45 p.m. The Fair Labor Standards Act (FLSA) - Ms. Hodge and Mr. Panken
Wage and hour laws are counterintuitive traps for the unwary employer. Costly class (collective) action litigation is burgeoning. This presentation details how to comply with wage and hour laws and what to do when the plaintiff or Department of Labor knocks.
4:45 p.m. Adjournment for the Day; Networking Reception for Registrants and Faculty
THURSDAY, JUNE 14, 2012
8:30 a.m. Continental Breakfast and Networking Session
Video Webcast Segment C
DEALING WITH EMPLOYMENT LAWS - Mr. Panken, Chair
9:00 a.m. How To Keep a Firing from Backfiring: An Introduction to Employment Discrimination Laws - Mr. Panken
What the laws command; why statutory defenses are illusory; how to minimize employer risk in reductions-in-force and other termination situations
10:00 a.m. Networking and Refreshment Break
10:15 a.m. Handling the Anti-Discrimination Agency Investigation - Mr. Suflas
Responding to the filed charge; investigating the facts; limiting the scope of the Agency investigation; dealing with the government investigator; utilizing the new EEOC mediation process; avoiding litigation; judging when to fold and when to hang tough
11:00 a.m. Sex Discrimination in the Workplace - Mr. Banks
Asserting the employer's defenses: The four Ps - Promulgating a Policy, Protection of the victim, Prompt investigation, and Punishment of the perpetrator; how to identify, deal with, and eliminate sexual harassment in the workplace and the role of training as a defense to hostile environment claims
11:45 a.m. Retaliation and Whistleblowing Protection - Mr. Panken
Retaliation litigation is increasing exponentially and new whistleblower protection is now available under the Sarbanes- Oxley law (with trials before OSHA administrative law judges). This segment discusses proving the essential elements (P- protest; A-adverse action and C-causal connection) and practical steps to avoid liability.
12:30 p.m. Lunch Break (box lunch provided by ALI-ABA)
Video Webcast Segment D
1:30 p.m. Dealing with Workplace Disabilities - Mr. Morris
What are protected disabilities under state and federal laws? What are employer obligations to reasonably accommodate people with disabilities? How should employers deal with concepts like "impairment," "substantial limitation of major life activities," and "reasonable accommodation"? How can employers effectively comply and avoid costly litigation?
2:15 p.m. State Employment Law Developments - Mr. Banks
Employment discrimination for reasons against Public Policy, infliction of emotional distress, and broader statutory protected classes make state employment litigation a significant source of employer liability and potential monetary damages. This segment updates you on the latest trends.
3:00 p.m. Networking and Refreshment Break
3:15 p.m. Drafting Employee Manuals, Employment Contracts, and Releases - Mr. Panken
One key to successful employee relations is the communication of the rights and responsibilities of employees. Another important aspect is the drafting of executive employment contracts that properly protect the employer's interests without scaring off potential leaders of the company. This segment analyzes forms and practical approaches that work.
4:15 p.m. Veterans' Rights - Captain Wright
USERRA (Uniformed Services Employment and Reemployment Rights Act) creates employment rights for employees returning from military service. With more than 100,000 reservists soon to return from active duty, employers must be kept up to date on their employment rights.
4:45 p.m. Adjournment for the Day
FRIDAY, JUNE 15, 2012
7:30 a.m. Continental Breakfast and Networking Session
Video Webcast Segment E
Alphabet Soup: ERISA, MPPAA, WARN, OSHA, IRCA, and Other Laws Affecting Employment - Messrs. Cummings and Panken, Chairs
8:00 a.m. Employee Benefits Litigation Overview: Issues To Think About, Worry About, and Maybe Do Something About - Mr. Cummings
A leading expert presents a brief review of pension and health benefit controversies in the current economic environment arising under the Employee Retirement Income Security Act (ERISA); and the pending implementation of the Patient Protection and Affordable Care Act (PPACA), including union and non-union plans, administrative and fiduciary responsibilities, risk analysis, dispute resolution, and litigation aspects.
9:15 a.m. Ethical Considerations in Handling Employment Law Problems - Mr. Gaal
This session analyzes a series of important ethical issues that routinely confront employment attorneys: understanding who is the client; handling simultaneous representation of the employer and supervisors (or other organizational constituents) and anticipating conflicts; ex parte communications; dealing with purloined documents; and investigation pitfalls.
10:15 a.m. Networking and Refreshment Break
10:30 a.m. The Occupational Safety and Health Act (OSHA) - Mr. Conn
How OSHA really works; what to do and not do both before and when the OSHA inspector arrives; dealing with OSHA citations; latest OSHA trends and initiatives
11:15 a.m. Other Federal Laws and Regulations Affecting the Employment Relationship
• WARN (Worker Adjustment and Retraining Notification Act): Mandating advance notice of plant closings or mass layoffs to employees, unions, and state and local agencies - Mr. Kisicki
• IRCA (The Immigration Reform and Control Act): Penalizing the employment of illegal aliens - Mr. Fleming
• FMLA (The Family and Medical Leave Act): Mandating unpaid leave, with continued paid health insurance, for family and medical needs - Mr. Gaal
• EPPA (Polygraph Protection Act): Severely limiting the use of mechanical devices to determine the truthfulness of suspects - Mr. Kisicki
• FCRA (The Fair Credit Reporting Act): Limiting the use of credit reports in employment - Mr. Fleming
12:30 p.m. Adjournment
Total 60-minute hours of instruction: 16.75 hours, including one hour of ethics
Suggested Prerequisite: Limited experience in general legal practice or completion of CLE Orientation Course
Educational Objective: Development of an understanding of the major laws affecting the employment relationship; development of initial level of competency as a practitioner of employment and labor law; development of necessary skills to counsel clients facing practical problems; provision of information on recent legal developments
Level of Instruction: Basic
Here's what registrants have said about this course:
I have been to other courses in the past but this is the first where each and every speaker was not only very effective, but also interesting.
Excellent nuts and bolts seminar for the attorney seeking a fundamental overview of employment and labor law.
The program was quite informative. The presentation materials serve as a great reference post-program.
I consider the materials provided top notch.
This course has provided an excellent foundation that will allow me to become more involved in employment and labor law issues at my company. The faculty and materials were uniformly outstanding.
Well-paced, comprehensive review of topics. Topics were relevant; speakers well-prepared and thorough.
Every aspect of this course met or exceeded my expectations. The pace of presentation, and content, was sufficient to hold my attention for the full 2½ days.
Times
All times are Eastern Time
Accommodations
CONFERENCE SITE:
The ALI-ABA Conference Center is located at 4025 Chestnut Street in Philadelphia’s University City neighborhood. Just west of downtown Philadelphia, the area is a hotbed of education, science, medicine, and research, and is home to students, artists, and families coexisting amid world-class universities, dining, nightlife, and cultural offerings. Go to www.universitycity.org for more information on University City.
If traveling by car, there is plenty of metered parking right outside the building as well as a garage about a block away at the corner of 40th and Walnut Streets, above the Fresh Grocer. If traveling by train/subway (SEPTA), take the Market-Frankford line to the 40th Street stop, walk south to Chestnut Street, and turn right. The Conference Center is also about 10 blocks from Amtrak’s 30th Street Station.
HOTEL ACCOMMODATIONS:
Hotels conveniently located within walking distance of the ALI-ABA Conference Center include:
The Hilton Inn at Penn, 3600 Sansom Street, Philadelphia, Pa 19104; (215)222-0200
Sheraton Philadelphia University City, 3549 Chestnut Street, Philadelphia, PA 19104; (215)387-8000
Tuition for this Live Course is $999.00.
Tuition for the live course includes admission to all sessions, a set of electronic course materials before the course, hard copy course materials at the course and online access to the archived program after the course. In addition Continental breakfasts and refreshment breaks are provided daily.
To register, simply choose one of the methods below:
Tuition for this Video Webcast is $949.00.
Tuition for the webcast includes a set of electronic course materials, access to the webcast and online access to the archived program after the webcast.
This course is available in individual webcast segments
Click here for more information and to register for webcast segments.
If you prefer not to order online you can order by Phone or Fax:
Phone: 800-CLE-NEWS (800-253-6397) (Reference Course Code: CT045)
PDF Order form - FAX: 215-243-1664 (Reference Course Code: CT045)
