New Employee-Friendly Agency Heads Take Aim at Employers: What You Need to Know and Do – Now!

EBG Office
1227 25th Street, Suite 700
Room 8 Main
Washington, DC 20037

Jay P. Kupin and Allen B. Roberts 

The legislative battle for health care reform may have ended, but it continues to resonate in Congress and on the campaign trail for 2010 and beyond and as court challenges are mounted. For employers subject to an array of existing laws, the health care reform battle and its lessons may not be felt in more new laws. Instead, employers may see more immediate changes in priorities and initiatives by administrative agencies staffed with newly appointed decision-makers. As a result, existing laws may be enforced in ways never contemplated by legislators or courts — or by the businesses and other organizations that think they know their legal rights and responsibilities.

Going into the second year of his administration, President Obama had not filled a number of important agency vacancies. That changed for the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC) on March 27, 2010 when recess appointments — appointments that had not received prior Senate approval — reshaped the agencies having power to interpret and enforce laws that can broadly impact management by employers and the costs they incur.


Being prepared for change is important.


Employers are becoming increasingly vulnerable to government investigation of their employment practices.  Flush with increased funding from President Obama's 2010 budget, and banking on similarly large increases contained in the proposed 2011 budget, a number of government agencies, including the EEOC and the Department of Labor (DOL), have already begun to implement more expansive and aggressive enforcement programs.


At this breakfast briefing, we will identify some of the most serious issues on the government's agenda and provide practical guidance on the steps employers should take now to prevent potentially costly investigations and litigation.


Topics to be covered include:


I. More Change Is on the Way

  • Understanding the economic motivation driving the enforcement focus on employment practices

    • The compliance, deterrent and revenue-raising aspects of enforcement 

II. What Can Employers Expect from Washington in 2010-2011? 

  • The DOL
    • The misclassification of independent contractors, interns and others (top priority of DOL and IRS)
    • Creation of new Chief Evaluation Office and We Can Help campaign
    • Wage and hour collective actions
  • The NLRB
    • Recess appointments — President Obama bypassing Congress
    • Does EFCA even matter? How the NLRB can change rules and outcomes of elections and collective bargaining
    • The new NLRB's ability to overturn prior Labor Board decisions and the major impact on non-union employers
  • The EEOC (and Office of Federal Contract Compliance Programs)
    • The focus on systemic discrimination and getting "more bang for the buck" through class actions
    • Pay equity
    • The rise in retaliation claims
  • How to Avoid and Defend a Government Investigation or Lawsuit: Be Proactive
    • Audit
    • Policy Changes
    • Orientation and Training
    • Monitoring
    • Documentation 

We hope you can join us for this topical and informative briefing.

Fee: $40

To register, please click here.

If you have questions about these briefings, please contact
Christine Eschenauer, at (212) 351-4668 or [email protected]


Note: Epstein Becker Green (EBG) is an approved provider of Continuing Legal Education (CLE) credit. This seminar is approved for __ hours of credit in Professional Practice, and is appropriate for both transitional and nontransitional attorneys. Please note that in order to receive full credit for attending this briefing, the registrant must be present for the entire session. Full scholarships to attend EBG Briefings will be granted to nonprofit organizations, public sector employees and unemployed attorneys. To apply, send your request, stating the reason for your interest, along with the completed registration form.