Employment Law 2021

Agenda / Content Covered

All times are shown in Eastern time.

1. Hiring and Firing: Legal Essentials
   10:00 - 10:30, Mitchell A. Robinson
   1. Interviewing Applicants: What You Can and Cannot Ask
   2. Job Postings: Ensuring Legal Compliance
   3. Using Arbitration Clauses - Recent Developments
   4. Problem Employees: Using Proper Discipline Procedures
   5. Terminating Employees: Legal Best Practices
   6. Layoffs, Furloughs, and Reductions in Force (RIFs): How to Do It Right
2. The FLSA: How Employers Need to Comply
   10:30 - 11:30, David E. Renner
   1. FLSA Updates
   2. Differentiating Exempt vs. Non-Exempt Employees
   3. Independent Contractors: The Latest Developments
   4. Joint Employer Status - Recent Developments
   5. Telecommuting: Ensuring FLSA Compliance
   6. Practical Guidance for Calculating Travel Time
   7. Proving FLSA Compliance: Recordkeeping Best Practices
3. Handling FMLA and ADA-Related Leave
   11:45 - 12:45, David E. Renner
   1. The Interplay of the ADA, FMLA, and Workers' Comp Laws
   2. Leave as a Reasonable Accommodation
   3. Guidelines for Verifying Leave Requests
   4. Managing Intermittent Leave: Ensuring Legal Best Practices
   5. Investigating Leave Misuse and Abuse: Key Steps to Take
   6. Disability Accommodations Post-COVID-19: What You Need to Know
   7. Firing Workers on Leave: Top Risks
   8. Case Law Review
4. Reviewing and Drafting Non-Disclosure and Non-Compete Agreements
   1:15 - 1:45, Mitchell A. Robinson
   1. Enforceability - Current Developments
   2. Drafting Non-Compete Agreements: Legal Best Practices
   3. Determining the Duration and Scope of the Agreements
   4. Language to Include - and to Avoid
   5. Non-Disclosure and Non-Compete Agreements Dos and Don'ts: With Examples
5. Handling Sexual Harassment Claims: Essential Guidelines
   1:45 - 2:45, Emily S. Borna
   1. Key Laws to Know
   2. Defining - and Recognizing - Sexual Harassment
   3. Best Practices for Sexual Harassment Policies: Key Elements and More
   4. Sexual Harassment Training: Best Practices and Current Developments
   5. Preventing Sexual Harassment in the Remote Workplace
   6. Investigating Sexual Harassment Allegations
   7. When Harassment Occurs: Steps Employers Need to Take
6. Employee Social Media Use
   3:00 - 3:30, Emily S. Borna
   1. Laws You Need to Know
   2. Creating and Updating Social Media Policies
   3. Cybersecurity Best Practices
   4. Monitoring Employee Productivity, Searching Devices, and Other Privacy Issues
   5. Case Law Update
7. Drugs and Medical Marijuana in the Workplace
   3:30 - 4:00, Nancy McCoy
   1. Summary of Recent Developments in Federal and State Marijuana Laws
   2. Zero-Tolerance Drug Policies - A Thing of the Past?
   3. Best Practices for Creating and Updating Drug Policies
   4. Drug-Testing Policies and Procedures: Limitations and Legal Best Practices
   5. What You Need to Know About Accommodating Medical Marijuana and CBD Users
   6. Case Law Update and Recent Trends
8. Ethical Considerations for Employment Law Attorneys
   4:00 - 5:00, Marc L. Jacuzzi
   1. Confidentiality
   2. Attorney Fees
   3. Conflicts of Interest
   4. Rules of Professional Conduct

Accreditation Details:

EMILY S. BORNA is a principal in the Atlanta, Georgia office of Jackson Lewis P.C. Ms. Borna is a member of the firm's disability leave and health management practice group, and focuses her practice on labor and employment litigation on behalf of management. She has experience advising businesses on compliance with federal, state, and local employment laws. Ms. Borna routinely presents and appears as a speaker before numerous business organizations, including National Business Institute and the Society of Human Resource Management concerning labor and employment issues, and compliance with workplace laws. She has drafted and reviewed employment policies and counseled corporate clients on sensitive disciplinary issues. Ms. Borna has also represented employers in administrative hearings and handled litigation involving issues of wage/hour, sexual harassment, gender discrimination, disability discrimination, medical leave, age discrimination, race, national origin and/or color discrimination, retaliation, wrongful discharge, and state tort issues. She has been identified as one of Georgia's Legal Elite by Georgia Trend magazine and as a Leading Lawyer in labor-management relations in the Legal 500 United States publication. Ms. Borna is a member in good standing of the State Bar of Georgia and the American Bar Association, including the Litigation, Labor and Employment Law Section. She is also a member of the Society of Human Resource Management. Ms. Borna earned her B.A. degree, magna cum laude, from the University of Georgia and her J.D. degree from The University of Georgia School of Law.

MARC L. JACUZZI is a director with the firm of Simpson, Garrity, Innes & Jacuzzi, P.C., where he focuses on employment law matters. Mr. Jacuzzi represents employers in civil rights actions (including claims under the Age Discrimination in Employment Act, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the California Fair Employment and Housing Act, and other state discrimination statutes), wage and hour class actions, Private Attorney General Act (PAGA) claims, trade secret misappropriation claims, wage claims, wrongful termination claims, unfair business practices claims, contract disputes, and various tort claims filed with the Equal Employment Opportunity Commission, the Division of Labor Standards Enforcement, various other state agencies, and in various state and federal courts. Mr. Jacuzzi earned his B.A. degree from the University of California, Los Angeles; and his J.D. degree from the University of the Pacific, McGeorge School of Law. He is a member of the State Bar of California, Colorado Bar Association, American Bar Association, and the San Francisco and Contra Costa County bar associations.

NANCY McCOY is an attorney and director at Simpson, Garrity, Innes & Jacuzzi, P.C. Ms. McCoy has comprehensive experience handling employment law matters before all state and federal courts, as well as before various state, federal and local agencies, such as the Equal Employment Opportunity Commission (EEOC), the Department of Labor (DOL), the Department of Fair Employment and Housing (DFEH), the Division of Labor Standards Enforcement (DLSE), the Workers' Compensation Appeals Board (WCAB), and the Unemployment Insurance Appeals Board (CUIAB), among others. She has extensive expertise in the areas of discrimination, harassment, and retaliation; wrongful termination; management of employees with disabilities, on protected leaves of absence, and requesting reasonable accommodation; wage and hour compliance; drug testing and substance abuse management; privacy; hiring practices; employment contracts; terminations and reductions in force; workplace safety and violence prevention; workplace investigations; whistle-blowing; and trade secrets and unfair business practices. Ms. McCoy earned her B.A. degree from the University of California and her J.D. degree from Golden Gate University School of Law.

DAVID E. RENNER is a partner in FisherBroyles, LLP's employment practice group. He is a trusted advisor and litigator for employers across all industries, including in the retail, energy, hospitality, construction, manufacturing, oil and gas, financial services, and healthcare sectors. He has successfully handled hundreds of cases and claims, litigating and advising on nearly every facet of labor and employment law. He is also known for his extensive experience defending EEOC and state enforcement actions, employment class actions, and FLSA collective actions. Clients also rely on Mr. Renner for daily advice and counsel on a wide range of issues, including preventive advice, proactive plans and policies, and solutions to dangerous problems in a cost-effective manner. He earned his B.S. degree, summa cum laude, at the University of Pittsburgh College of Business Administration; and his J.D. degree, summa cum laude, at Duquesne University School of Law. Mr. Renner is a member of the Defense Research Institute, Pennsylvania Bar Association, and the Order of the Barristers. He also serves on the Steering committees for the Labor and Employment and Young Lawyers Sections of DRI, an international organization of attorneys defending the interests of business in civil litigation, which includes nearly 1,500 management-side attorneys nationwide. Mr. Renner currently serves as young lawyer liaison and membership vice-chair to the Employment and Labor Law Committee & Labor and Employment Committee Philanthropy vice-chair.

MITCHELL A. ROBINSON is an attorney with Baker & Hostetler LLP, where he focuses his practice on labor and employment, and commercial litigation matters. Mr. Robinson's litigation experience includes defending and counseling employers with respect to single-plaintiff, collective action, and class action cases involving wage-and-hour claims, employment discrimination, sexual harassment, government investigations, and common law tort and contract cases. He is a member of the State Bar of Georgia. Mr. Robinson earned his B.A. degree from Tufts University and his J.D. degree from Northwestern Pritzker School of Law.