2015 Labor & Employment Law Annual Update - Cincinnati

Registration: 8:30 a.m.
Seminar: 9:00 a.m. to 12:30 p.m.
Lunch will be served after the seminar.
There is no charge for this seminar which offers 3.0 hours of CLE for PA,  3.25 hours of Ohio, Kentucky and Indiana (IN pending) CLE, and general HRCI credit hours.

9:00-9:20 a.m.
The Interplay of the ADA and FMLA
Presented by: Greg Rogers
When is it FMLA protected leave?  When is leave a reasonable accommodation?  How much leave is too much?  This session will address recent case law under the FMLA and ADA.

9:20-9:40 a.m.
Wage and Hour Compliance
Presented by: Sarah Leyshock
Addressing the proposed elimination of overtime exemptions for employees earning less than $50,440 per year, Department of Labor guidance on employees versus independent contractors, and handling wage and hour issues in the connected, 24/7 environment.

9:40-10:00 a.m.
OSHA Enforcement
Presented by: Mark Stepaniak
Addressing OSHA’s recent initiatives, including its focus on workplace violence, as well as tips to defend against OSHA citations.

10:00-10:20 a.m
Immigration Law
Presented by: Antonia Mitroussia
A primer on preventing unfair immigration-related employment practices in recruitment, pre-screening, hiring, and employment of foreign workers, including I-9 verification and document abuse.

10:20-10:40 a.m.
A Year of NLRB Developments
Presented by: Justin Flamm
Addressing the developments at the National Labor Relations Board in 2015, including expedited election rules, solicitation through an employer email system, handbook/personnel policy cases, and using leased or borrowed employees.

10:40-10:55 a.m.
Break

10:55-11:15 a.m.
Obergefell et al. v. Hodges and its Impact on the Workplace
Presented by: Conor Meeks
Addressing LGBT civil rights developments in light of the U.S. Supreme Court’s same-sex marriage decision.  This presentation will include the impact on benefits, including spousal coverage, the EEOC position on LGBT as protected classes, and sex discrimination under Title VII.

11:15-11:35 a.m.
Workplace Investigations
Presented by: Evan Priestle
Addressing issues in employee misconduct investigations such as what information to provide the accused, searching employee workspace, computer, and belongings, Social Media research, confidentiality restrictions, and what to do when the accused brings a representative (colleague, friend, or lawyer) to the interview.  This presentation will also discuss the use of independent investigators and what should go in a report. 

11:35 a.m.-Noon
2015 Year in Review
Presented by: Doreen Canton
Addressing new developments impacting, and interesting recent cases interpreting and applying, employers and employment laws. 

Noon-12:30 p.m.
Identifying the Thick Web: Awareness, Assessment, and Improving Psychological Safety
Presented by: Kevin Willmarth, Psy.D.,  VHA National Center for Organization Development, Psychologist ?Acting Director of Consulting
The once common linear and execution-oriented workplace composition allowed for leadership to execute a structure of command and control to yield successful outcomes. However, this approach starts to fail in today’s more complex, interdependent, and adaptive processes where success is much more reliant on the engagement of every member of the organization. Employee engagement relies heavily on interpersonal dynamics and inherently as complexity  and interdependencies within organizations grow, so too do the skill sets needed by leaders to effectively assess, cultivate, and support a healthy and productive environment where people want to work.

When interpersonal turmoil, conflict, and lack of accountability starts to become a part of the culture, it is extremely difficult to turn around and can result in costly expenditures such as loss of productivity, turnover, and actions resulting in legal consultation.  Ideally, you would want an early warning gauge that would allow you to avoid cascading negative events. Nevertheless, we are human and each person brings their own uniqueness into the environment, making  it impossible to adequately look at every variable. However, there are factors based on behavior we can assess that have shown relationships and predictability to healthy and unhealthy work environments. The best place to start may be looking at the behaviors associated with psychological safety within your environment.