Audio CD + Course Book

Advanced Employment Law: What You Need to Know

Audio CD + Course Book

Copyright Date:

January, 2018

Product ID#:

78156CDRA

Audio + Course Book

Credit Information

Continuing Legal Education

  • CA CLE - 12.00
From Event: Advanced Employment Law: What You Need to Know, held January 2018.

Program Description

Rapid employment law legislative and case law evolution has created complex legal questions for employers and employees alike. Merely keeping up with the increasing number of changes can be challenging for the most experienced of practitioners, not to mention practically applying them to demanding situations that may walk through the door at any moment. Get this comprehensive overview and obtain the valuable information you need to navigate the rapidly changing employment law landscape. No matter which side of the aisle you represent, you are sure to take away tips and techniques for handling advanced-level issues - order today!

Course Content

DAY ONE

  1. LGBT/Sexual Orientation Discrimination: Navigating the Changing Legal Landscape
  2. Handling Employee Discrimination and Harassment Claims: Pregnancy, Race, Age, Gender, etc.
  3. FMLA Complications: Intermittent Leave, Termination and More
  4. Navigating the ADA
  5. Retaliation Claim Legal Strategies: Defenses, Counter-Suits and More
  6. Enforceability of Mandatory Arbitration Clauses

DAY TWO

  1. The FLSA
  2. Independent Contractors: Detecting Employer Missteps
  3. Internal Investigations and Attorney-Client Privilege: How it is Preserved or Refuted
  4. Responding to EEOC and State Agency Charges
  5. Non-Compete, Non-Solicit and Confidentiality Agreements
  6. Ethical Issues in Employment Law

Continuing Education Credit

Continuing Legal Education – CLE: 12.00 CA - Credit Approval Expiration 01/25/2020 *


* denotes specialty credits

Agenda / Content Covered

DAY ONE

  1. LGBT/Sexual Orientation Discrimination: Navigating the Changing Legal Landscape
    9:00 - 10:00, Charles L. Post
    1. Clarifying Transgender Employee Issues
    2. Workplace Policy Essentials
    3. State Law Updates
  2. Handling Employee Discrimination and Harassment Claims: Pregnancy, Race, Age, Gender, etc.
    10:15 - 11:15, Charles L. Post
    1. Burdens of Proof: ENDA, Title VII and Other Considerations
    2. How Employers can Satisfy Burdens of Production
    3. Burden of Persuasion: Establishing Pretext for Discrimination
    4. Employer Documentation That Makes or Breaks Claims: With Examples
  3. FMLA Complications: Intermittent Leave, Termination and More
    11:15 - 12:15, Christopher Onstott
    1. Verifying Intermittent Leave: Working With Healthcare Providers
    2. Avoiding Recertification Pitfalls
    3. Investigating Leave: Legal Use of Social Media and Other Tools
    4. Terminating Employees on FMLA Leave
    5. Documentation to Avoid Retaliation Charges
  4. Navigating the ADA
    1:15 - 2:15, Christopher Onstott
    1. Undue Hardship and Unreasonable Accommodations
    2. Fitness for Duty Tests: Weighing Legal Options
    3. Direct Threat - What Does it Mean?
  5. Retaliation Claim Legal Strategies: Defenses, Counter-Suits and More
    2:30 - 3:30, Timothy B. Del Castillo
  6. Enforceability of Mandatory Arbitration Clauses
    3:30 - 4:30, Timothy B. Del Castillo

DAY TWO

  1. The FLSA
    9:00 - 10:00, Jessica R.L. James and Julie A. Totten
    1. Salary Thresholds
    2. Exempt Employees and Non-Exempt Duty Pitfalls
    3. Changing Employee Classification
    4. Recognizing Liability in Handbook Policies, Job Descriptions, etc.
  2. Independent Contractors: Detecting Employer Missteps
    10:15 - 11:15, Joseph W. Scalia
    1. Interpreting Recent Guidance
    2. Indicators That Scream "Independent Contractor"
    3. Independent Contractor Policies That Create Liabilities
  3. Internal Investigations and Attorney-Client Privilege: How it is Preserved or Refuted
    11:15 - 12:15, Vida L. Thomas
    1. Business Purposes vs. Legal Advice
    2. Analyzing Investigation Policies and Procedures
    3. Attorney Oversight of Investigations
    4. Documenting Investigation Legal Purpose
  4. Responding to EEOC and State Agency Charges
    1:15 - 2:15, Robert L. Rediger
    1. Evaluation of a Complaint or Charge, and the Position Statement
    2. Agency Investigations - Tools, Defenses and Objections
    3. Conciliation Conferences, Consent Decrees and Potential Settlements
    4. The "Right to Sue" Letter and Private Counsel
    5. Commencement of a Lawsuit - What to Expect in Litigation
    6. Steps to Take to Reduce the Likelihood of Being Sued
  5. Non-Compete, Non-Solicit and Confidentiality Agreements
    2:30 - 3:30, Joseph W. Scalia
    1. Geographic Scope
    2. Duration of Agreement
    3. Restricted Activities
    4. Hiring Employees With an Agreement: Assessing Liabilities
  6. Ethical Issues in Employment Law
    3:30 - 4:30, Gary Scott Decker
    1. Key Rules of Professional Conduct
    2. Confidentiality
    3. Privileged Communications
    4. Identifying and Avoiding Conflicts of Interest

GARY SCOTT DECKER is a partner and principal in the Sacramento law firm of Decker Law Offices, and has been an author and presenter of National Business Institute seminars for more than 25 years. Since 1977, his areas of practice have included business and civil litigation, legal ethics litigation and counseling, workers' compensation subrogation, state and federal appeals, alternative dispute resolution, personal injury and insurance defense, insurance coverage law and foreclosure litigation. Mr. Decker earned his B.A. degree from the University of California at Davis and his J.D. degree from the University of California at Berkeley. He is a past-president of the Sacramento County Bar Association.

TIMOTHY B. DEL CASTILLO is the owner of Castle Law: California Employment Counsel. Mr. Del Castillo started Castle Law: California Employment Counsel after several years at Orrick, Herrington & Sutcliffe LLP, where he was a member of the firm’s employment law and litigation group. Before working at Orrick, he was a member of Akin, Gump, Strauss Hauer & Feld LLP’s labor and employment practice group in Los Angeles. Mr. Del Castillo has experience defending employers against a variety of wage-and-hour claims, including claims of misclassification, unpaid wages, off-the-clock work, meal and rest break penalties, expense reimbursement, and wage statements. He has extensive experience defending class actions and representative PAGA claims in state and federal courts. Mr. Del Castillo also has defended employers in single plaintiff lawsuits under California and federal law, including claims for discrimination, harassment, retaliation, as well as disability and leave of absence claims. He has experience defending class and individual ADA and state law accessibility claims. Mr. Del Castillo has helped clients resolve administrative and pre-litigation matters arising from employment relationships and terminations. He also has counseled employers on policies and decision making to help them achieve business objectives while maintaining compliance with California law. Mr. Del Castillo is an executive committee member of the Sacramento County Bar Association (Labor & Employment Section), and a member of the State Bar of California (Labor & Employment Section). He earned his B.A. degree, summa cum laude, from Franciscan University of Steubenville and his J.D. degree, magna cum laude, from Pepperdine University School of Law.

JESSICA R.L. JAMES is a managing associate with Orrick, Herrington & Sutcliffe LLP, and a member of their employment law group, which was recently named Labor & Employment Department of the Year in California by The Recorder. Her practice involves employment litigation on a variety of legal issues, including defense of class action and single plaintiff claims of discrimination, harassment, wrongful termination, misclassification, and wage-and-hour violations. Ms. James has experience counseling companies regarding pay equity and compensation analysis, including with respect to OFCCP and other EEO audits, as well as independent contractor classification issues. Prior to joining Orrick, Herrington & Sutcliffe LLP, she served for two years as a judicial clerk for the Nevada Supreme Court. As a clerk, she researched and drafted opinions resolving complex civil litigation, including issues of employment, corporate, privacy, and administrative law. Ms. James is a member of the Federal Bar Association, Women Lawyers of Sacramento, Sacramento County Bar Association, and State Bar of California (Litigation Section). She earned her B.A. degree, magna cum laude, from St. Mary’s College and her J.D. degree from University of the Pacific, McGeorge School of Law, where she was editor-in-chief of the McGeorge Law Review and graduated Order of the Coif.

CHRISTOPHER ONSTOTT is an attorney with the law firm of Kronick Moskovitz Tiedemann & Girard, where he practices labor and employment law. He defends employers against race, sex and disability discrimination and harassment claims, as well as wage claims. In addition to a successful practice litigating disputes in both federal and state courts, Mr. Onstott also provides advice and counsel to employers on California and federal employment laws, including wage and hour issues, disability and leave laws, and employee discipline. He was the 2014-2015 executive chair for the Sacramento County Bar Association Labor & Employment Section, and currently sits on the Executive Committee for that section. Mr. Onstott was named a Rising Star in employment litigation in 2014 and 2015 by Super Lawyers Magazine. He also is a board member for the Sacramento Chapter of the J. Reuben Clark Law Society and sits on the legal team for the Sacramento Area Human Resources Association. Mr. Onstott earned his B.A. degree, magna cum laude, from Brigham Young University and his J.D. degree, with high honors, from the University of Texas, where he was Order of the Coif. He clerked for Judge Walter K. Stapleton on the United States Third Circuit Court of Appeals in Wilmington Delaware.

CHARLES L. POST is a shareholder with Weintraub Tobin Chediak Coleman Grodin Law Corporation, as well as both a lead attorney in the trade secret and employee raiding practice group and the chairperson of the labor and employment law section. His employment practice includes counseling employers in all areas of employment law and representing management in the defense of wrongful termination, discrimination, harassment, trade secret, employee raiding, restrictive covenants and other employment disputes. Mr. Post has extensive experience defending multi-party complex litigation involving misappropriation of trade secrets, unfair competition, and corporate raiding. He has taught on the faculty of McGeorge School of Law and the University of California at Davis extension. Mr. Post speaks extensively on employment issues and is a frequent contributor to both the Labor and Employment Law Blog and the Trade Secret and Employee Raiding Law Blog. He has been included in the listing for Best Lawyers in America since 2008, Northern California Super Lawyers since 2005, and is named as fellow in Litigation Counsel of America. Mr. Post earned his bachelor's degree, with honors, from the University of California at Irvine and his master's, as well as Juris Doctorate degrees from the University of California, Davis.

ROBERT L. REDIGER is a founding partner of Rediger McHugh LLP, a law firm that limits its practice to representing companies in labor, employment, and wage and hour class action defense. In 2013, American Lawyer Media listed Mr. Rediger in its Top Rated Lawyers in Labor and Employment Law. In 2017, Sacramento Magazine listed Mr. Rediger as being voted among the Top Lawyers in Sacramento. He is an active Rotarian and member of the Labor and Employment Law sections of the American, Sacramento (past chair), and New York State bar associations and the State Bar of California. Throughout his career, Mr. Rediger has litigated numerous employment-related cases in federal and state courts, several of which have resulted in precedent setting decisions favorable to employers. He has prevailed against the Department of Fair Employment and Housing (DFEH) in administrative proceedings, and most recently, against the Equal Employment Opportunity Commission (EEOC) in a disability discrimination jury trial in federal court. Mr. Rediger earned his B.A. degree, cum laude, from Queens College and his J.D. degree from Hofstra University School of Law.

JOSEPH W. SCALIA has been practicing law since 1976. He currently maintains his office in Roseville, California, where he focuses in the areas of business law, construction law, employment law, sports and entertainment law, as well as real estate litigation. Mr. Scalia has been a licensed real estate broker in the state of California since 1982. He serves as a settlement judge pro tem for the Sacramento Superior Court and as an arbitrator with the Sacramento County Judicial Arbitration Association. Mr. Scalia has also served as a member on the panel of arbitrators for the American Arbitration Association and as a mediator in alternative dispute resolutions for El Dorado County Superior Court. He earned his B.A. degree, with honors, from the University of Notre Dame and his J.D. degree, with honors, from the University of the Pacific, McGeorge School of Law, where he was a member of the Law Review. Mr. Scalia has served as a panelist for National Business Institute in the areas of limited liability companies, corporate dissolution, California real estate foreclosure, title law and insurance. He recently co-wrote a new CEB publication entitled Neighbor Disputes--Law and Litigation. Mr. Scalia is a member of the Sacramento County Bar Association and the State Bar of California.

VIDA L. THOMAS serves of counsel to Weintraub Tobin Chediak Coleman Grodin Law Corporation's labor and employment group, where she heads up the firm's workplace investigations unit. She began her career at Kronick Moskovitz as an employment litigator for seven years and then co-founded Carlsen Thomas, LLP, a boutique employment law firm providing top-notch workplace investigations and employee training throughout California for 13 years. Also, as the co-chair of the Association of Workplace Investigators (“AWI”) Committee on Best Practices, Ms. Thomas helped develop AWI’s “best practices” framework for workplace investigations. She advises employers regarding all aspects of employment law and human resources management, serves as an expert witness in state and federal employment lawsuits, and mediates litigation and non-litigation matters. Ms. Thomas earned her J.D. degree from the McGeorge School of Law, University of the Pacific.

JULIE A. TOTTEN is a partner with Orrick, Herrington & Sutcliffe LLP, where she is in charge of the Sacramento Office. She also is in charge of the Sacramento employment law and litigation group, which was recently named Labor & Employment Department of the Year in California by The Recorder. Ms. Totten has more than 20 years of experience representing companies in high stakes litigation, and was recognized by Legal 500 as someone who "truly understands corporate politics and works with in-house counsel to understand the intersections of legal advice and business objectives." Ms. Totten represents employers in a variety of complex cases. She also has successfully represented clients involved in investigations and audits by the Department of Labor and the California Division of Labor Standards Enforcement, and she assists clients in developing compensation policies and compliance measures designed to reduce potential exposure. Ms. Totten counsels and trains clients on a wide variety of employment law matters, including social media and employee privacy. She is a council member of the ABA Labor and Employment Law Section, a member of the State Bar of California (Labor & Employment Section and Litigation Section), and a member of the American Bar Association (Labor and Employment Law Section, Technology in the Practice and Workplace Committee and Employee Rights and Responsibilities Committee). Ms. Totten earned her B.A. degree, summa cum laude, from The College of Idaho and her J.D. degree, magna cum laude, from the University of San Diego School of Law.

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Accreditation Details:

Continuing Legal Education

CA CLE: 12.00 Credit Approval Exp
01/25/2020
Includes - Ethics: 1.00
This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California and may qualify for up to 12.0 hours of self-study credit, of which 1.0 hour will apply to legal ethics self-study credit. NBI, Inc. certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NBI, Inc. is a State Bar of California approved MCLE provider - #53.


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