ALI-ABA: Employment and Labor Relations Law for the Corporate Counsel and the General Practitioner Program

Hilton Embassy Row HotelWashington, DC

Employment is already the most regulated relationship for both employers and employees. EEO, EFCA, ENDA, 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. There is a growing need for skilled attorneys in this burgeoning legal field who know what these acronyms require and can provide practical approaches to compliance and defense.

This intense course of study will give lawyers on the firing line a comprehensive overview of the myriad laws and governmental regulations that regulate the employment relationship. This course is a basic introduction for lawyers new to the field, and it will bring more experienced practitioners up to date on current developments in this rapidly changing field. This course will teach 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 will be on what the laws command and practical advice in helping employers comply in the most productive manner.

Epstein Becker Green attorney Peter M. Panken will speak on the following topics:

  • National Labor Relations Board (NLRB) Representation Election Proceedings Determining Employee Desires. The NLRA protects employee rights to form, join, and assist labor unions. 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 will explore the NLRB's role and the limits of effective election campaigns.
  • The Fair Labor Standards Act. Wage and hour laws are counterintuitive traps for the unwary employer. Costly class (collective) action litigation is burgeoning. This presentation will detail how to comply with wage and hour laws and what to do when the plaintiff or Department of Labor knocks.
  • How to Keep a Firing from Backfiring--An Introduction to Employment. What do the laws command? Why are statutory defenses illusory? How can you minimize employer risk in reductions-in-force and other termination situations?
  • Retaliation and Whistleblowing Protection. 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 session will address proving the essential elements (P-protest, A-adverse action, and C-causal connection) and practical steps to avoid liability.
  • Drafting Employee Manuals, Employment Contracts and Releases. One key to successful employee relations is the communication of the rights and responsibilities of employees. Another key aspect is the drafting of executive employment contracts that properly protect the employer's interests without scaring off potential leaders of the company. This session will analyze forms and practical approaches that work.

Additionally, Epstein Becker Green attorney Frank C. Morris, Jr. will speak on the following topics:

  • Dealing with Workplace Disabilities. 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?
  • FMLA, The Family and Medical Leave Act. The session will address mandating unpaid leave, with continued paid health insurance, for family and medical needs.

For more information and to register, click here.