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The legal landscape facing employers seems as difficult to navigate as it has ever been.  Keeping track of the ever-changing patchwork of federal, state and local laws governing the workplace may often seem like a full-time job whether you are a human resources professional, in-house attorney or business owner.  Change appears to be the one constant.  As we enter Year 3 of President Biden's Administration, employers will continue to closely track the changes taking place at the NLRB, the DOL, the EEOC, and even the FTC.  At the same time, many states will continue introducing new laws and regulations governing workplaces across the country, making it more important than ever for employers to pay attention to the bills pending in the legislatures of the states where they operate.  

Conn Maciel Carey’s complimentary 2024 Labor and Employment Webinar Series, which includes monthly programs (sometimes more often, if events warrant) put on by attorneys in the firm’s national Labor and Employment Practice, will focus on a host of the most challenging and timely issues facing employers, examine past trends and look ahead at the issues most likely to arise.

To register for an individual webinar in the series, click on the link in the program description below. To register for the entire 2024 series, click here to send us an email request, and we will register you. Also check out our companion OSHA Webinar SeriesCal/OSHA Webinar Series, and MSHA Webinar Series.

 

If you missed any of our programs from the past nine years of our annual Labor and Employment Webinar Series, here is a link to an archive of recordings of those webinars.

Conn Maciel Carey LLP is recognized by SHRM to offer Professional Development Credits (PDC) for SHRM-CP® or SHRM-SCP® recertification activities.

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DOL Update: Changes that Will Affect Your Business in 2024

Wednesday, January 24, 2024

 

Avoiding, Minimizing, and Fighting Withdrawal Liability

RESCHEDULED - Thursday, March 14, 2024

 

The Changing Legal Landscape of Non-Compete Laws

Wednesday, May 15, 2024

 

Special Bonus Webinar: OSHA's New Worker Walkaround Rule

Tuesday, May 28, 2024

New Employee Handbook Laws: Tips for Compliance

Wednesday, June 26, 2024

Annual Cal/OSHA and California Employment Law Summit

Tuesday, October 8, 2024 and Thursday, October 10, 2024

The Intersection Between AI and Employment and OSHA Law

Wednesday, November 13, 2024

Jan LE

Wednesday, January 24, 2024, at 1 pm EST / 10 am PST

DOL Update: 2023 Changes Affecting Businesses in 2024

Presented by Daniel C. Deacon and Kimberly Richardson


Are you classifying and paying your workers correctly? The tests have changed in some cases, and new rules have been proposed that could have a significant impact on businesses. This webinar will provide an update on the overall status of the law, a general overview of the changes that have taken effect, and tips to make compliance easier.


Participants in this webinar will learn about:


  • Revisions to the FLSA that change how independent contractors are classified

  • Proposed changes that are anticipated to significantly increase the minimum salary requirements for “white collar” exemptions

  • Legal challenges to new and proposed laws

  • Compliance tips designed to help you mitigate payroll and classification legal risks


Click here to register for this webinar.


This program has been approved by SHRM for 1 hour of HR professional development credit. 


It is currently under review for HRCI credits.

Thursday, February 15, 2024, at 1 pm EST / 10 am PST

Mitigating Cybersecurity Risks to Your Company's Confidential Information from Exiting Employees

Presented by Kara M. Maciel and Darius Rohani-Shukla


In the modern workplace, keeping track of proprietary information and ensuring its confidentiality has become significantly more challenging due to the prevalence of remote employees, cloud computing, and the comingling of personal and company devices that can access company information. Employers who are not conscientious about maintaining the confidentiality of their proprietary information can threaten the viability of their business moving forward. Exiting employees can more easily than ever attempt to take company information with them, delete essential company documents, or even try to publish proprietary documents in an attempt to destroy their former employer’s competitive advantage.


Participants in this webinar will learn:


  • Guidelines for identifying cybersecurity risks during employee exits, whether through layoffs, downsizing, or involuntary terminations

  • Tips for protecting trade secrets and confidential information at work through strict confidentiality policies and access restrictions

  • Best practices for protecting company information when offboarding exiting employees

  • Legal options for recovering company information or property from disagreeable former employees.


Click here to register for this webinar.


This program has been approved by SHRM for 1 hour of HR professional development credit. 


It is currently under review for HRCI credits.

(RESCHEDULED DATE) Thursday, March 14, 2024, at 1 pm EST / 10 am PST

Avoiding, Minimizing, and Fighting Withdrawal Liability

Presented by Mark M. Trapp


This webinar will address the significant challenges faced by companies that participate in multiemployer pension plans. Specifically, it will help unionized employers understand and analyze what is often the most critical challenge facing their business – multiemployer pension withdrawal liability.


Participants in this webinar will learn:


  • Specific strategies to address withdrawal liability and plan for your company’s future

  • Recent court cases and arbitration decisions, tips for collective bargaining and the impact of the American Rescue Plan

  • The latest developments in litigating withdrawal liability assessments, including determining the highest contribution rate and calculating the credit for a prior partial withdrawal


Click here to register for this webinar.


This program has been approved by SHRM for 1 hour of HR professional development credit. 


It is currently under review for HRCI credits.

Wednesday, April 24, 2024, at 1 pm EST / 10 am PST

Tips and Strategies for Preventing and Responding to Workplace Violence Incidents

Presented by Kara M. Maciel, Rachel L. Conn, and Daniel C. Deacon


Workplace violence has been a focus for both the Occupational Safety and Health Administration (“OSHA”) and the Equal Employment Opportunity Commission (“EEOC”) for several years, as it continues to be one of the leading causes of occupational injuries in the country every year.  While OSHA has no specific standard for workplace violence, the OSH Act's General Duty Clause requires employers to provide a workplace free from recognized serious hazards, and OSHA has instituted enforcement actions under its General Duty Clause after incidents of workplace violence. OSHA has also initiated a rulemaking to address workplace violence in specific industries.


California has taken the lead in implementing the first workplace violence rule in the country for general industry, requiring nearly all California employers (unless they fall under one of the limited exemptions) to establish, implement, and maintain an “effective” written workplace violence prevention plan, investigate every incident workplace violence (broadly defined), create and maintain violent incident logs, conduct annual employee and supervisor training, and abide by additional recordkeeping requirements. This general industry rule follows the Cal/OSHA regulation on Workplace Violence Prevention in Health Care.


The EEOC has also prioritized ways to effectively prevent and address workplace violence, particularly in the form of workplace harassment. And outside of OSHA and the EEOC, employers can also be held liable for workplace violence through other claims such as negligent hiring and supervision.


Participants in this webinar will learn:


  • What constitutes workplace violence

  • EEOC and OSHA enforcement priorities related to workplace violence

  • Legal risks associated with workplace violence

  • Updates on federal OSHA workplace violence rulemaking

  • California’s New Workplace Violence law

  • Best practices for workplace violence prevention

  • Tips for responding to a workplace violence incident in your work environment


Click here to register for this webinar.


This program has been approved by SHRM for 1 hour of HR professional development credit. 


It is currently under review for HRCI credits.

Wednesday, May 15, 2024, at 1 pm EST / 10 am PST

What Employers Should Know About the Changing Legal Landscape of Non-Compete Laws

Presented by Jordan B. Schwartz and Kimberly Richardson


For the past several years, there has been a nationwide trend to restrict the use of employee non-compete agreements both at the state and federal levels, culminating with the Final Rule issued by the Federal Trade Commission (“FTC”) last month purporting to ban non-compete agreements in most employer/employee situations.  The FTC’s Final Rule is by far the most significant change that has ever occurred in the context of non-compete law.  Accordingly, employers must become aware of and remain informed about these significant changes in the law, as the consequences of noncompliance will result in fines, penalties, and injunctive relief.

This webinar will provide an update on the overall status of non-competes in the United States, including an update on the status of the FTC Rule, its interaction with state laws, and practical steps for you and your company to take to comply with the law while still protecting your assets and investment in current and future employees.


Click here to register for this webinar.


This program has been approved by SHRM for 1 hour of HR professional development credit. 


It is currently under review for HRCI credits.

Tuesday, May 28, 2024, at 1 pm EST / 10 am PST

OSHA's New Worker Walkaround Rule

Presented by Eric J. Conn and Mark M. Trapp


To advance Pres. Biden’s promise to lead “the most Labor friendly administration in history,” on April 1, 2024, OSHA published in the Federal Register its final Worker Walkaround Representative Designation Process Rule (the “Worker Walkaround Rule”), which will profoundly affect employers’ legal risk in future OSHA inspections when it goes into effect on May 31, 2024.  OSHA’s intention with this rule was to permit employees’ to designate union representatives to serve as employees’ authorized representatives during OSHA inspections at non-union workplaces, but the net effect of the rule is to open the door to workplaces for all manner of problematic third parties – plaintiffs’ attorneys, disgruntled former employees, competitors, etc.


OSHA’s new final Worker Walkaround Rule amends its existing regulation at 29 CFR § 1903.8(c) in two material ways:


  • Changing the extreme bias against third party employee representative participation in OSHA inspections by changing existing language to allow non-employee third parties to act as employee representatives during OSHA inspections; and

  • Expanding the types of third parties permitted to represent employees during OSHA inspections by changing existing language limiting such representatives to credentialed certified industrial hygienists or professional safety engineers, to now permitting any third-party representative who has “relevant knowledge, skills, or experience with hazards or conditions in the workplace or similar workplaces, or language skills.”

    Participants in this webinar will learn about the controversial history of this rulemaking, from an Obama Era Letter of Interpretation and related legal challenges, through the flawed rulemaking process that OSHA followed to promulgate the new rule, to a detailed review of what the final rule says and means, along with analysis about the implications for employers, expected legal challenges to the Rule, and tips and strategies for managing OSHA inspections.

Click here to register for this webinar.


This program is currently under review for SHRM and HRCI credits.

Wednesday, June 26, 2024, at 1 pm EST / 10 am PST

New Employee Handbook Laws: Tips for Compliance

Presented by Mark Ishu and Samuel S. Rose


As we near the end of the Biden Administration’s first term, the NLRB has continued to be very active in issuing decisions that align with the Administration’s philosophy. These decisions are wide-ranging and include increased scrutiny of employee handbooks, expanded union access to non-union workplaces, changes in joint employer law, and a return to pre-Trump Administration ambush election rules.


Participants in this webinar will learn:


  • An overview of the most impactful recent NLRB decisions

  • Employer obligations stemming from these decisions

  • Tips for complying with these obligations


Click here to register for this webinar.


This program has been approved by SHRM for 1 hour of HR professional development credit. 


It is currently under review for HRCI credits.

Thursday, July 25, 2024, at 1 pm EST / 10 am PST

Mid-Year California Labor and Employment Regulatory and Legislative Update

Presented by Megan S. Shaked, Andrea O. Chavez, and Samuel S. Rose


As we reach the halfway point of 2024, it is time to take stock of everything that has happened at the U.S. Department of Labor (DOL) over the past 6 months. We will provide a comprehensive review of the latest developments, discuss current trends in labor and employment law, and look ahead at the remainder of the year and beyond. Join us for this informative discussion to stay ahead of the curve and equip yourself with actionable insights to ensure your workplace practices align with the ever-evolving legal terrain of labor and employment law in the Sunshine State.


Participants in this webinar will learn:


  • Guidance and recommendations to ensure compliance with new legal employer obligations

  • Legislative developments for companies doing business in California

  • The latest trends and statistics in the regulatory landscape

  • Predictions for what California employers can expect for the remainder of 2024


Click here to register for this webinar.


This program has been approved by SHRM for 1 hour of HR professional development credit. 


It is currently under review for HRCI credits.

(RESCHEDULED DATE) Tuesday, October 1, 2024, at 1 pm EST / 10 am PST

Addressing Employee Complaints: Retaliation and Whistleblower Complaints with the EEOC, OSHA, and MSHA

Presented by Kara M. Maciel, Lindsay A. DiSalvo, Nicholas W. Scala, and Mark Ishu


Over the past several years, employers have seen a significant uptick in retaliation claims filed by employees and investigated by federal agencies. For example, in 2010, only approx. 30% of all charges filed with the EEOC included a retaliation claim, but that number shot up to over 50% in FY 2022. Similarly, the number of total whistleblower complaints filed with OSHA increased significantly in FY 2023, with the vast majority of those complaints – about 71% - filed under Sec. 11(c) of the OSH Act (retaliation based on protected safety acts). The whistleblower complaints filed under Section 105 of the Mine Safety and Health Act have also been on the rise and MSHA is particularly aggressive in its approach to the investigation of these claims, often seeking temporary reinstatement of the complainant for the duration of the investigation, and litigation, if the complainant was terminated


When a retaliation or whistleblower complaint is received, employers have a chance to explain why the complaint should be dismissed. However, each Agency handles the investigation and analysis of the evidence differently – using varying processes and burdens of proof to determine whether and how the retaliation complaint should proceed. The strategy and response provided by the employer will depend on the type of complaint and the agency investigating it, but it is generally an opportunity for the employer to provide the information necessary for the agency to conclude its investigation and ultimately close the case file. The responses can, however, create a written record of admissions that the agency could use against the employer. Thus, employers should be strategic in their approach to a whistleblower investigation and the information shared at that early stage.


Participants in this webinar will learn:


  • Applicable federal whistleblower and anti-retaliation laws

  • The varying processes used by the EEOC, OSHA, and MSHA to evaluate whistleblower and retaliation claims

  • Strategies employers can use to effectively respond to retaliation complaints

  • Proactive measures employers can take to avoid employee complaints


Click here to register for this webinar.


This program has been approved by SHRM for 1 hour of HR professional development credit. 


It is currently under review for HRCI credits.

Tuesday, October 8, 2024 and Thursday, October 10, 2024

2nd Annual Cal/OSHA and California Employment Law Summit

Presented by the Attorney's in CMC's California Team


Conn Maciel Carey LLP's 2nd Annual Cal/OSHA and California Employment Law Summit is an in-person program conducted by the California-based attorneys in CMC's national OSHA Workplace Safety and Labor Employment Practice Groups, to update California employers on important developments involving workplace safety and health and employment law issues in California.


Learn How to Navigate California Requirements:


California's Division of Occupational Safety and Health (Cal/OSHA) is the most aggressive and enforcement-heavy approved State OSH Program in the nation, and as a result, California employers face a host of requirements that other employers around the country do not. And with a packed rulemaking agenda on the horizon, most employers stand to be impacted by at least one new standard.


In addition, California continues to experience regular changes in the employment law landscape through new legislation and decisions from the California courts. California employers always have something new to learn as the legislative session comes to a close in the fall and we know with certainty which new laws will take effect in 2025.


Our Cal/OSHA and California Employment Law Summit will cover what employers can expect in the coming months from the latest legislative and rulemaking updates to changes in enforcement priorities, and best practices for compliance.


Here is the agenda from last year's Inaugural Cal/OSHA and California Employment Law Summit. 


More information about registration and other details to come! Check out the website for official updates.

Thursday, October 23, 2024, at 1 pm EST / 10 am PST

ADA Website Compliance Obligations for Businesses

Presented by Jordan B. Schwartz and Megan S. Shaked


As in years past, the number of lawsuits filed against hotels, restaurants, and other places of public accommodation alleging that their websites violate the Americans with Disabilities Act (“ADA”) has continued to rise nationwide. Additionally, this year we *may* finally have guidance from the U.S. Supreme Court regarding whether a plaintiff has standing to challenge a place of public accommodation’s failure to provide disability accessibility information on its website, even if she lacks any intention of visiting that place of public accommodation. Regardless of how the Supreme Court rules, however, it is still crucial for hotel owners and operators to know what information to provide to the public regarding the accessible features of its physical property.


Likewise, all businesses should be aware of how to make their websites accessible (i.e., compatible with screen reader software), so that they are usable by individuals with visual and hearing impairments.  Indeed, businesses must have a plan in place to testing their website’s accessibility and then implement any necessary changes to improve accessibility.


Participants in this webinar will learn:


  • What issues to look for when determining website accessibility

  • When to involve legal counsel in conducting such website accessibility tests and remediation efforts in order to preserve attorney-client privilege

  • What specific accessibility-related information should be listed on your website

  • Whether your company should include an “Accessibility Statement” on its website and, if so, what information that statement should include


Click here to register for this webinar.


This program is currently under review for SHRM and HRCI credits.

Wednesday, November 13, 2024, at 1 pm EST / 10 am PST

The Intersection Between Artificial Intelligence and Employment and OSHA Law

Presented by Rachel L. Conn, Andrea O. Chavez, Ashley D. Mitchell, Darius Rohani-Shukla, and Samuel S. Rose


The latest phenomenon in artificial intelligence (“AI”), generative AI such as ChatGPT, has changed the world as we know it. While some fear AI will replace workers and others praise its efficiency and productivity, there is no doubt that AI could be the largest technological advancement since the invention of the computer.


Now, companies are starting to wrestle with how to handle the use of AI in the workplace. In fact, it is possible that your company is already using AI in ways that you might not have considered or be aware of. For Human Resources, generative AI can produce strong benefits including helping to create job descriptions, draft model interview questions, or assist managers in preparing performance evaluations. But with every benefit, there comes risk and limitations, including discrimination, confidentiality, and reliability concerns.


Participants in this webinar will learn:


  • Protecting confidential and trade secret information

  • The Equal Employment Opportunity Commission’s (“EEOC’s”) Artificial Intelligence and Algorithmic Fairness Initiative

  • State and local laws regulating the use of AI

  • Best practices on the use of AI in the workplace


Click here to register for this webinar.


This program is currently under review for SHRM and HRCI credits.

Thursday, December 12, 2024, at 1 pm EST / 10 am PST

The Latest in Employment Discrimination Laws

Presented by Aaron R. Gelb and Andrea O. Chavez


Employment discrimination in the workplace is alive and well. Indeed, according to Monster’s recent Workplace Discrimination Poll, only 9% of workers claim to have NOT faced some form of workplace discrimination. There have been a host of developments federally that address discrimination issues. The federal Equal Employment Opportunity Commission (EEOC) released its Strategic Enforcement Plan for Fiscal Years 2024 –2028, establishing the EEOC’s subject matter priorities for the next few years. The Pregnant Workers Fairness Act - prohibiting employers from discriminating against an employee based on pregnancy, childbirth, or related medical conditions - came into effect in June 2023. 


Additionally, the U.S. Supreme Court redefined how employers must evaluate religious accommodation requests by setting a new standard for undue hardship. The U.S. Court of Appeals for the Fifth Circuit reversed decades of precent that limited the scope of Title VII of the Civil Rights Act by determining that Title VII plaintiffs are no longer required to plead an “ultimate employment decision" to properly allege a disparate treatment claim, and rather can survive a motion to dismiss by pleading adverse actions with respect to “terms, conditions, or privileges of employment.”


Employers must review their existing discrimination and accommodations policies to ensure that they comply with the most recent developments in employment discrimination laws.


Participants in this webinar will learn:


  • The EEOC’s Strategic Enforcement Plan for 2024 –2028

  • Requirements in the Pregnant Workers Fairness Act

  • Developments in religious accommodation requirements

  • The evolving test for Title VII claims in the 5th Circuit

  • Current trends and statistics in workplace harassment charges

  • Tips and strategies for preventing and responding to employment discrimination complaints


Click here to register for this webinar.


This program is currently under review for SHRM and HRCI credits.

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