We proudly host an annual series of five 90-minute breakfast briefings to help executives, human resources professionals, managers, and attorneys face today’s most pressing employment law challenges with confidence.
- Taught by expert Employers Council attorneys and highly-respected guest attorneys
- Practical application and real-world solutions for new employment law developments and complex legal challenges
- To the point—just 90 minutes
- Approved for HRCI, SHRM, and Utah CLE credits
Are We Experiencing a Kinder, Gentler National Labor Relations Board? (January 22)
It wasn’t long ago that many employers were feeling unfairly picked on and micro managed by the National Labor Relations Board (NLRB). The Board during the Obama Administration made no secret of its expansive interpretation of the National Labor Relations Act (NLRA), especially as applied to non-union employers. However, with a new President comes a new Board, and that means change in the way the Board interprets the NLRA. Most recent changes are seen as employer friendly, but that’s only helpful if you’re aware of them! Some of the topics on which the NLRB has changed course in the last few years include: employees’ rights when it comes to social media and the use of company email; joint employment; handbook policies; civility rules; confidentiality of investigations; micro bargaining units; quickie elections; and the rights of unions to access employers’ property. At this briefing, we will bring you up to speed on these and other recent changes at the NLRB.
Retaliation—The Trap that Keeps Catching Employers (May 27)
Since 2010, complaints of retaliation have been the most commonly filed claim with the EEOC. And it’s not just EEO laws that protect against retaliation—FMLA, FLSA, OSHA, and most other employment laws also do. In this briefing, we will explore the reasons why the risk of retaliation claims is so high for employers, discuss common employer mistakes that lead to retaliation claims, and provide practical strategies for avoiding these thorny challenges. We’ll examine each element of a retaliation claim: what type of employee conduct can be considered “protected activity;” what type of employer conduct can be considered an “adverse employment action;” and what a claimant must show to establish a “causal connection” between protected activity and adverse employment action. Special emphasis will be placed on case law from within our Tenth Circuit Court of Appeals.
FMLA—The Rules and How the Courts Interpret Them (August 26)
Reading through the entire FMLA and accompanying regulations is daunting enough, but the truth is, you don’t really understand FMLA until you know how the courts interpret it. There are thousands of court decisions out there. Many of these decisions involve situations for which FMLA does not provide clear guidance. Unfortunately, the employers in these lawsuits made judgment calls that ultimately landed them in court. The courts get the final say as to whether the employers made the right call. Wise employers should monitor this evolving legal process. Avoid becoming the next lawsuit! Join us as we review illustrative and interesting FMLA case law. Specific topics will include (among others): employee and employer notice requirements; employer absence reporting rules; dealing with FMLA abuse/fraud; reinstatement after leave; and the interplay between the FMLA and ADA.
Pay Equity—This Train Isn’t Stopping Any Time Soon, So You Better Be on Board (March 25: RESCHEDULED for September 30)
Pay equity, specifically when it comes to gender, is arguably the hottest employment law topic these days. The EEOC has explicitly told us that it’s one of the Commission’s highest enforcement priorities, and has filed several lawsuits to show that it means it. The U.S. Women’s National Team (soccer) is suing over it. In just the last few years, several states have passed equal payrelated laws that go beyond (sometimes far beyond) the rights provided under federal law. Most employers want to do the right thing when it comes to pay equity, but even those attempts can create legal trouble if employers aren’t careful. This briefing will provide an overview of the main laws impacting equal pay, get you current on recent developments, and offer practical takeaways for your organization.
Employment Law Lessons from the Headlines (October 28)
What do a firecracker-in-the-toilet prank gone wrong (who could’ve foreseen that?), the recent demise of the Alliance of American Football League, strip clubs, and heavier topics such as sexual assault, nooses in the workplace, and a manager choking a pregnant employee have in common? They all offer employers valuable lessons based on recent news stories. Who doesn’t like to learn from the mistakes of others? This unique briefing will offer a new twist on previously mundane topics. Truth is stranger than fiction, and these stories will provide a memorable way to drive home important lessons.
Who Should Consider this Program
Company executives, human resources professionals, in-house counsel, managers, and attorneys
Employers Council staff attorneys and guest attorneys