Due to COVID-19, NELI will be altering the format of this year’s Employment Law Briefing to be a LIVE WEBINAR Conference. The program will be presented over 3 days, with 3.5 hours of instruction per day. All participants will receive a complimentary registration for our 2-hour Ethics Webinar in the Spring - Dates TBA.
NOTE: NELI has reduced the price of the program because we are able to offer it in webinar format.
You may participate "live" and/or watch the recording at your convenience. The recording is available for 90 days.
The Briefing will feature our renowned faculty and comprehensive materials. All of the speakers will incorporate both COVID-19 issues and expected changes under the Biden Administration into their presentations where appropriate.
All program participants will receive a PDF copy of our updated Employment Law Briefing Manual
DAY ONE: WEDNESDAY: 11:30 am - 3:15 pm (Eastern)
11:30 am - 1:30 pm - Developments in EEO Law and the most pressing concerns raised by COVID-19 Issues -
Update of Supreme Court cases, and the most significant appellate court cases and their application and implications for employment practices in key substantive and procedural areas, including race, sex, color, religion, national origin, gender and pregnancy discrimination, the ADEA, damages, and injunctive relief.Speakers: George Abele and Cameron Fox both with Paul Hastings
1:30 - 1:45 pm - Break 1:45 - 3:15 pm - Retaliation and Whistleblowing -
Coverage of the continued surge in these claims, including “protected activity,” expanded concept of “adverse action,” negating the inference of “causation,” third party retaliation, retaliatory harassment, and “unreasonable opposition.” We will also discuss whistleblower claims, including expanded rights and remedies of the would-be whistleblower, and best practices to help avoid and/or minimize liability, especially now.Speakers: Andrew Livingston and Jill Rosenberg both with Orrick
DAY TWO: THURSDAY: 11:30 am - 3:15 pm (Eastern)
11:30 am - 1:15 pm - The Transition of the NLRB - We expect substantial changes at the National Labor Relations Board. But Trump appointees remain in control of the agency until the Fall. What steps will the Trump Board take over the next 9 months to cement its legacy? How will the COVID pandemic continue to affect labor relations? What will a Biden NLRB look like? Will there be a wholesale return to the opinions and policies of the Obama Board? And what about the Protect the Right to Organize (“PRO”) Act? Lots of important questions Speakers: Denise Keyser and Steve Suflas both with Ballard Spahr 1:15 - 1:30 pm - Break 1:30 - 3:15 pm - “Reasonable Accommodation” Under the ADA & Rehabilitation Act: Fast-Breaking Developments Including COVID-19 Issues -
Latest developments on practical reasonable accommodation issues, including when the issue arises in the COVID-19 context and the importance of training first-line supervisors on what to listen for as possible triggers to the interactive process, what supervisors and HR personnel should be trained to say and document in response to employee requests, important changes on the definition of "reasonable," particular accommodation questions, such as work-at-home because of COVID-19 concerns, whether/how much “leave” (including a repeated leave extension) is required, how this interplays with the FMLA, whether reduced workloads, non-competitive reassignment, an “irritant-free” environment, shift changes, supervisor changes, or reserved parking spaces are required, whether discipline must be rescinded as an accommodation, and where the funds for accommodations should come from.Speaker: David K. Fram with NELI
DAY THREE: FRIDAY: 11:30 am - 3:15 pm (Eastern)
11:30 am - 1:15 pm - Wage and Hour & Misclassification Issues -
Recent DOL initiatives and regulations, new developments involving contingent workers and other non-covered workers, exemption and misclassification decisions, calculation issues, rounding and auto-deductions, remote working, and compensable time in our increasingly technology-centered workplace, especially in the COVID-19 era. Joint employer theories and cases and actual or constructive knowledge of time worked required to prove a claim will also be covered.Speakers: Ellen Boshkoff and Samantha Rollins both with Faegre Drinker Biddle & Reath LLP
1:15 - 1:30 pm - Break 1:30 - 3:15 pm - FMLA Compliance and Best Practices
New DOL opinion letters and OPM guidance, new developments concerning COVID-19, including the overlap between Families First legislation and the FMLA and the coordination of paid and FMLA leave, handling requests to work without medical clearance and requests to stay home without medical justification, issues when leave is to care for a family member, practical issues regarding the effect of leave on the measurement of performance goals, the relationship between working from home and approved leave, training supervisors on what not to say, how to use notice requirements and re-certifications to combat intermittent leave abuse, how to handle an employee who states their “return to work” date is unknown, and what to do when you suspect fraudulent use of leave.Speakers: Tracy Billows and Sara Fowler both with Seyfarth
2 Hours - Ethics in Labor and Employment Law Webinar – Live (Spring 2021 date TBD) or Rebroadcast (December 2020)
Annual update on cutting edge ethics issues, including conflicts of interest, attorney-client privilege and waiver, ex parte access to current and former managers and employees, pre-trial investigations, employee confidential communications using employer-provided computers and email, in-house counsel ethical issues, improper acquisition and inadvertent disclosure of information and documents, access to social media information, settlement and negotiations, and court enforcement of professionalism and civility codes.Speaker: Dennis P. Duffy with Kane Russell Coleman Logan PC
This program will provide between 12.5-14.75 CLE/CEU hours, depending upon the jurisdiction. This total includes the complimentary Ethics Webinar.
The agenda and/or speakers are subject to changes.
REGISTRATION FEE SCHEDULE:
Registrations received by January 29
Early Registration Fee: $795.00
Registrations received after January 29
Registration Fee: $895.00
HOW DO WEBINARS WORK?
Webinars are convenient. You participate in the entire conference from your office or home using your computer and your log-in information. This Webinar will feature video and be interactive with an opportunity to submit questions throughout the program.
HOW WILL WE RECEIVE THE LOG-IN and MATERIALS INFORMATION?
You will receive an email from us with a link to download the PDF and log-in instructions approximately 3 business days prior to the start date. If you do not receive the email within two (2) days of the Webinar, Please contact NELI
CLE AND OTHER CONTINUING EDUCATION CREDIT
NELI's programs are routinely approved for credit in all jurisdictions with such requirements and we expect this program to receive full accreditation. This webinar will provide between 12.5-14.75 hours of MCLE credit (including 2 hours of ethics from the complimentary Ethics webinar) depending upon the jurisdiction. Registrants may be required to file for credit on their own behalf in some jurisdictions. We will provide all necessary forms and proof of attendance. NELI is an approved provider of HRCI and SHRM for recertification credit. Credit will be given to registered participants only. Please contact NELI for more information.