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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Wednesday, August 17, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will address the rapidly changing current employment environment and updating employee handbooks to reflect the developing situation in the workplace. Legal restrictions and concerns at the federal, state, and local levels may affect employers' potential liability and the employer's response to the needs of evolving state leave policies, remote work, privacy issues, and new wage and hour requirements under current legislation. Counsel should be straightforward that policies need to be updated and relayed to employees for non-discriminatory enforcement.

Faculty

Lisa M. Koblin
Partner
Saul Ewing LLP

Ms. Koblin assists employers with labor and employment disputes, including litigation of discrimination, harassment, retaliation, unpaid wage and class action claims in state and federal courts as well as mediation. She provides counseling on employee handbooks and policies, noncompete agreements, anti-discrimination statutes, wage and hour laws, and joint employer liability. Her experience providing human resources training covers topics ranging from conducting effective investigations, to complying with the Fair Labor Standards Act, Title VII, the Americans with Disabilities Act, the Family and Medical Leave Act, and state and local employment laws concerning paid sick leave, leaves of absence and employee accommodations. governance. Ms. Koblin also represents clients responding to OSHA citations and unfair labor practice charges before the National Labor Relations Board, and defends clients who arbitrate employee grievances before the American Arbitration Association.

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Chelsea D. Mesa
Partner
Seyfarth Shaw LLP

Ms. Mesa’s practice focuses on advising employers concerning various employment-related issues, including compliance with California and federal anti-discrimination, anti-harassment and leave laws, and other human resources practices, as well as negotiating and documenting employment and severance agreements. She also counsels clients on their employment policies, and performs trainings on all aspects of employment conduct, including California-mandated sexual harassment training, discrimination training, and training on the interplay of the Americans with Disabilities Act with state and federal leave laws. In addition, Ms. Mesa advises employers on hiring and termination decisions, including those where federal and state WARN requirements are triggered, and handling performance deficiencies and evaluations.

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Krista L. Coggins
Managing Senior Consultant
Remedy Outside Counsel

Ms. Coggins is engaged in a diverse and varied practice of law, including contracts, criminal defense, and civil litigation, and has served in-house counsel for small businesses. 

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Description

The current economic climate and a rapidly evolving legal environment require employers and their counsel to review and update employee handbooks. Employer handbooks should include periodic updates, both temporary and permanent, evolving laws, and recent court rulings.

An updated handbook will need to address changes in state law addressing leave policies, including potential family medical leave and sick leave policies and privacy concerns. An employee handbook should also reflect work-from-home provisions and shifting FMLA requirements. Employers with out-of-date handbook provisions may incur liability.

The NLRB has challenged at-will disclaimers, social media policies, ambiguous and misleading language, restrictions on employee communications, and arbitration provisions in employee handbooks. The SEC implemented regulations that effectively discard certain confidentiality and nondisclosure provisions.

With a thorough understanding of the current legal status of employment laws at the state and federal levels, employment counsel can help ensure that employee handbooks legally and effectively address complex workplace issues.

Listen as our authoritative panel of employment attorneys provides legal and practical guidance for employment counsel to structure employee handbooks--including multistate and nationwide handbooks--that minimize liability risks for the employer.

Outline

  1. Recent developments impacting employee handbooks and policies
    1. State leave policies
      1. Family medical leave
      2. Required sick leave
      3. Other state-approved leave requirements
    2. Privacy
    3. Remote work
    4. Wage and hour requirements
    5. NLRB decisions
  2. Best practices for drafting employee handbooks
  3. Special issues for multistate employers

Benefits

The panel will review these and other key issues:

  • What are the most common handbook provisions needed to comply with current CDC recommendations?
  • What handbook provisions are subject to the most NLRB scrutiny?
  • How can employee handbook provisions be drafted to avoid or void unintended legal liability?