April/May 2009Guide & Reference Material, Brochure

21st Annual Labor and Employment Relations Law Seminar Presentation Materials



Workshop A
A New Approach: The FMLA in 2009 and Beyond

The final Family and Medical Leave Act regulations, effective January 16, 2009, add to, clarify and modify the law that has been in effect since 1993. Many new rules, some favoring employers and some favoring employees, have been adopted. Also, brand new rules have been issued concerning FMLA leave for employees with family members in the military. This briefing will discuss these significant changes, their impact on employers, and recommendations for employers as they react to and comply with the new rules.

Presentation Outline

Workshop B
As the Economy Goes…Effectively Restructuring a Workforce

Given the economic downturn, many of our clients are facing difficult decisions in aligning their workforce needs with declining levels of business or revenues. Our labor and employment team has a deep bench of experienced lawyers who have advised clients on the options available in reducing personnel costs through a variety of methods, including furloughs, payroll management, benefit cost controls, layoffs, and terminations. We've worked around the country in a variety of industries, both union and union free. We've counseled on effective use of performance evaluations and measures, whether it's the forced ranking GE model or 360 degree reviews. While we make sure these programs are legally sound and avoid claims, we also have adopted a number of talent management best practices.

Done correctly, businesses operate in a more lean fashion while maintaining or improving employee engagement and morale. If not well planned and implemented, employee reductions and personnel cost saving measures result in legal claims, survival guilt, and loss of loyalty. Join our speakers as they discuss strategies employers can implement during these challenging times.

Presentation Outline

Workshop C
EFCA: Whatever Its Fate, Employers Can’t Wait

What is EFCA; where is it in Congress; and, what will it require when it (most likely) is passed? What should employers do to effectively prepare for and defend against anticipated union organizing and card signing campaigns, including management training, an audit of HR policies and practices to minimize vulnerability? What can employers do now, in advance of possible union organization, to best position themselves for accelerated collective bargaining and possible arbitration of contract terms? These questions and other items will be addressed by our speakers.

Presentation Outline

Workshop D
Hiring and Firing Without Restructuring the Workforce

As jobs become more scarce, employment litigation is on the rise. This workshop will address the legal issues presented by modern hiring and firing decisions, and will present practical steps employers can take to minimize litigation risk.

Presentation Outline

Workshop E
Wage and Hour Traps for the Unwary Employer

This workshop will address the numerous legal traps that employers face in attempting to comply with the Fair Labor Standards Act, including the loss of exempt status, the improper calculation of overtime, the failure to pay for "off the clock" work, and the failure to recognize what constitutes compensable "work." Strategies to avoid these traps will be presented and discussed.

Presentation Outline

Workshop F
The Good, the Bad and the Ugly: Benefits in the Obama Age

The Obama administration has already made significant changes to benefit plans and more are on the way. This session will focus on the immediate changes required by COBRA, S-CHIP, WRERA, HIPAA, and GINA. It will also examine some recent litigation which may require change to an employer's plan administration. Finally, the session will highlight various benefit issues upon which plan sponsors must focus when conducting layoffs and other terminations.

Presentation Outline

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