Labor & Employment / Workers' Compensation Update

Now approved for HRCI Credit and Ohio Bureau of Workers’ Compensation (BWC) 2-Hour Safety Training for Group Rating.

2015 was a landmark year in labor and employment law. From the Supreme Court’s decisions on same-sex marriage and pregnancy discrimination to developments in OSHA enforcement and workers’ compensation, employers are challenged by the unfamiliar territory that these new laws have created along with the litigants and regulatory agencies they have emboldened.  Our mission is to update employers with the new laws that affect everyday business and to arm employers with the practical tools to manage the changes they face in 2016.

To that end, on Wednesday February 24, we will present a complimentary seminar for clients and friends addressing the following:

Schedule

2:30-3:00 p.m.: Registration

3:00-3:05 p.m.: Introductory Comments
Presented By: Fred Ungerman?

3:05-3:35 p.m.: How to Make a “Reasonable" Accommodation:  An Employer’s Best Defense to Charges of Discrimination Under the Americans with Disabilities Act
Presented By: Jeff Mullins
As the list of conditions which qualify as disabilities grows, the best strategy for controlling exposure related to ADA claims in the workplace lies in developing a clear and consistent approach to addressing requests for accommodation.  Our presentation on this topic will address:

• Should employers have a specific policy that addresses requests for a reasonable accommodation and, if so, what should it look like?
• What is the “interactive process” and how should it be documented?
• What are the most difficult types of accommodations for employers to consider and how should such requests be evaluated, specifically requests for a leave of absence, the ability to work from home or changes in job duties?

3:35-4:05 p.m.: Sexual Orientation, Gender Identity and Religious Freedoms in the Workplace
Presented By: Jennifer Harrison
In June of 2015, the Supreme Court declared that all states are required to license same sex marriages and recognize same sex marriages performed lawfully out of state.  Later that summer in a case involving a federal employee, the EEOC ruled that sexual orientation is inherently a sex-based consideration, and an allegation of discrimination based on sexual orientation is necessarily an allegation of sex discrimination under Title VII.  In the wake of these and several other key decisions, business owners and HR professionals may be left wondering how to navigate previously uncharted territory.  In this topic, we will address:

• What impact will decisions such as Obergefell and the EEOC’s ruling have?
• Whether employers should have LGBTQ policies and whether existing policy language should be amended?
• What happens when anti-discrimination statutes conflict with laws designed to protect religious liberties?

4:05-4:35 p.m.: Recent Developments in Enforcement and Case Law: OSHA and Workers’ Compensation
Presented By: Nick Davis
In recent years, OSHA has demonstrated an increased emphasis on heightened enforcement activities. These enforcement initiatives include: pursuit of significant increases in penalties, criminal sanctions, publicizing citations and use of supervisor participation to impute OSHA liability.  In addition, recent developments in the law governing independent contractor agreements and VSSR claims are of particular concern to employers in controlling workers’ compensation liability. In this topic, we will discuss:

• Current status of law concerning independent contractor agreements and their impact on workers’ compensation liability;
• Ohio Supreme Court update concerning VSSR claims.
• Federal budget provision authorizing OSHA to significantly increase penalties;
• Federal agency coordination to increase OSHA criminal prosecution;
• OSHA’s  use of press releases to “shame” employers;
• Employer liability for OSHA violations where supervisors participated.

?4:35-5:00 p.m.: Five Must-Have Updates to Your Employee Handbook
Presented By: Jessica Lordi
An employee handbook is a living, breathing document that requires periodic updates to account for legal changes. An up to date and properly drafted handbook is a vital tool to your organization because it sets out the company’s expectations of employees while also protecting it against legal headaches. In response to a particularly dynamic year in employment law, this segment will provide the top 5 changes you need to make to your employee handbook in 2016 including updates to your policies on:

• Social media and Internet use;
• Drug use in light of medicinal marijuana laws;
• Diversity;
• Overtime;
• Progressive discipline.

5:00-6:30 p.m.: Networking Reception

Please register by Monday February 22. Questions? Contact Nicolette Jones at nmjones@taftlaw.com or 937-641-2042.