Announcing Conn Maciel Carey’s 2022 Labor and Employment Webinar Series
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 2 of President Biden’s Administration, employers will continue to closely track the changes taking place at the NLRB, the DOL and the EEOC. At the same time, a number of 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 2022 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, examining past trends and looking 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 2022 series, click here to send us an email request, and we will register you. If you missed any of our programs from the past seven years of our annual Labor and Employment Webinar Series, here is a link to an archive of recordings of those webinars.
2022 Labor and Employment Webinar Series – Program Schedule |
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NYC Private Employer Vaccine Mandate Tuesday, January 18th |
The CROWN Act and Unconscious Bias Wednesday, July 20th |
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Wednesday, February 16th |
Wednesday, August 11th |
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Employment Law Updates Under Biden Wednesday, March 16th |
Wednesday, September 21st |
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Religious and Disability Accommodations Thursday, April 7th |
Tuesday, October 11th |
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Employment Law Updates: DC, MD, VA & IL Thursday, May 19th |
Discrimination and Retaliation Charges Wednesday, November 16th |
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Tuesday, June 14th |
Recap of Year 2 of the Biden Admin. Wednesday, December 7th |
See below for the full schedule with program descriptions,
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NYC Private Employer Vaccine Mandate – Everything You Need to Know
Tuesday, January 18, 2022 at 2 PM ET
Presented by Kara M. Maciel and Daniel C. Deacon
On December 19, 2021, Mayor Bill de Blasio and the New York City Commissioner of Health and Mental Hygiene issued a private employer vaccine mandate which requires workers in New York City who perform in-person work or interact with the public for work to provide proof of vaccination before entering the workplace. The mandate really does not provide much of a runway for employers to come into compliance, as employers need to make sure employees have their first vaccine dose by December 27th – just eleven days from now.
It is also important to remember that all New York employers remain subject to the NY HERO Act, which requires employers to implement a written airborne infectious disease plan and certain exposure controls whenever the Health Commissioner declares a public health emergency involving an airborne infectious disease.
During this webinar, the attorneys from CMC’s OSHA and Employment Law practice groups will provide a detailed analysis of this latest development and answer key questions including:
- Which businesses are covered by the Order?
- What does the Order required covered entities to do?
- Who must display proof of vaccination? Do I need to check proof of vaccination for contractors visiting my workplace who are employed by another company?
- What kind of records do I need to keep when I check for proof of vaccination?
- How do I verify my workers’ proof of vaccination?
- Do I need to verify proof of vaccination for workers who do not live in New York City?
- What if a worker says their religion or a medical condition prevents them from getting vaccinated?
- Are employers required to pay employees if they do not submit proof of a COVID19 vaccine dose or a request for a reasonable accommodation by December 27th?
Click here to register for this webinar.
California Employment Law Update for 2022: New Legal Requirements and Practical Compliance Strategies Every HR Professional and Manager Should Know
Wednesday, February 16, 2022 at 1 PM ET
Presented by Andrew J. Sommer and Megan S. Shaked
2022 brings changes for California employers to a range of topics touching on traditional employment law matters as well as health and safety concerns, both general and related to COVID-19. This webinar will review compliance obligations for companies doing business in California, as well as discuss the practical impact of these new laws and best practices for avoiding potential employment-related claims.
Participants in this webinar will learn about:
- The revised Cal/OSHA Emergency Temporary
- Senate Bill 606, which broadly expands Cal/OSHA’s enforcement authority and the penalty amounts employers may be assessed
- Assembly Bill 701 – the “warehouse quota” law – providing a private right of action where an employer fails to disclose work quotas or the quotas prevent compliance with meal and rest periods or other occupational health and safety laws
- Updates to the California Family Rights Act (CFRA)
- Clarification to existing prohibitions regarding settlement agreements and non-disparagement agreements
- Other wage and hour legal developments
- Updates to minimum wage requirements
Click here to register for this webinar.
New Employment Laws and Updates from Biden DOL
Wednesday, March 16, 2022 at 1 PM ET
Presented by Lindsay A. DiSalvo and Mark M. Trapp
As we transitioned into the Biden Administration in January 2021, questions swirled about what the Department of Labor (“DOL”) would look like and predictions were made as to the issues and initiatives it would prioritize, as well as what would come of Trump-era DOL policies. Now, almost a year and a half into the President Biden’s term, we will review some of the most significant rulemakings and changes we have seen from the DOL under Biden. Though the Emergency Temporary Standards issued by the Occupational Safety and Health Administration generally took center stage, the DOL promulgated other significant and impactful regulations, particularly in the areas of tipped employees and joint employment.
Specifically, the DOL promulgated a rule that narrowed the standard for whom an employer can take a tip credit under the Fair Labor Standards Act, which had been significantly broadened by the DOL under Trump. It also rescinded a rule issued during the Trump Administration that more clearly defined and restricted when a company will be found to be a joint employer. We will also review what appears to be coming down the pipeline and make more predictions about what employers can expect from the Biden Administration’s DOL throughout the remainder of this presidential term.
Participants in this webinar will learn about:
- Biden Administration’s DOL Regulatory Agenda, including rulemaking and policy setting priorities
- New rules from the DOL and their impact on important issues like tip credits, tip pooling, and joint employment
- Enforcement initiatives and guidance from the DOL and its sub-agencies
- Predictions for the Department of Labor over the next 2.5 years
Click here to register for this webinar.
Religious and Disability Accommodations (L&E Crossover)
Thursday, April 7, 2022 at 4 PM EST
Presented by Andrew Sommer, Jordan Schwartz, and Beeta B. Lashkari
Employee requests for medical and/or religious accommodations in the workplace are not new. Indeed, we have been counseling employers for years regarding their obligations under Title I of the Americans with Disabilities Act (ADA) to provide reasonable accommodation to qualified applicants and employees with a disability, unless the employer can demonstrate that doing so creates an undue hardship to the employer or poses a direct threat to the safety of the employee or others in the workplace. Likewise, we have also continually advised employers of their obligation to accommodate an employee’s sincerely held religious belief under Title VII of the Civil Rights Act (Title VII), unless the accommodation creates an undue hardship.
However, never before have these accommodation requests been such a hot-button topic, nor have these accommodations requests been used so frequently (and in particular, religious accommodation requests). The imposition of COVID-19 vaccine mandates has changed that, particularly with regard to religious accommodation requests, which has become the ultimate “gray area,” as both employers and employees alike have learned that sincerely held religious belief can include an employee’s religious-based objection to vaccinations. As a result, the Equal Employment Opportunity Commission (“EEOC”) has issued guidance regarding the obligations of employers under Title VII when an employee presents with a religious objection to a mandatory COVID-19 vaccination policy, which actually builds upon prior EEOC guidance regarding COVID-19 vaccinations in the employment context. Thus, there are multiple issues that employers need to keep in mind and juggle when addressing these vaccination accommodation requests.
Participants in this webinar will learn how to best deal with such requests by their employees, including:
- Tricks for determining whether an employee has a sincerely held religious belief under Title VII or a disability under the ADA
- How to legitimately assess whether the proposed accommodation poses a direct threat to your organization
- Factors to understand as to whether the accommodation would be considered an “undue hardship;”
- Reminders on how to initiate and participate in the interactive process
- Analysis of most recent EEOC guidance on this topic
Click here to register for this webinar.
Employment Law Update in D.C., MD, VA and Illinois
Thursday, May 19, 2022 at 1 PM ET
Presented by Daniel C. Deacon and Ashley D. Mitchell
The District of Columbia, Maryland, and Virginia have enacted or are considering a host of changes that employers need to keep track of in 2022, including increases to the minimum wage and amendments to anti-discrimination laws. Maryland revised its Fair Employment Practices Act to extend the time period for filing a charge of discrimination alleging an unlawful employment practice other than harassment, introduced new requirements for employers to comply with when conducting mass layoffs, amended its leave laws to account for paid bereavement leave, and passed a law permitting employers to file for peace orders on behalf of an employee facing threats or acts of violence in the workplace. The District of Columbia passed a law banning non-compete agreements for almost all employees. Virginia amended its Overtime Wage Act, which now provides overtime protections for employees under state law and establishes a three-year statute of limitations. Virginia also added “disability” to the list of characteristics protected from discrimination under the Virginia Human Rights Act (VHRA), which came shortly after the VHRA was expanded last year to cover most Virginia employers. While Virginia initiated steps last year to decriminalize marijuana and move towards legalization in 2024, Governor Northam signed S.B. 1406 and H.B. 2312, which accelerates legalization for possession and use of small amounts of marijuana. Governor Northam also signed H.B. 1862, which prohibits employers from discharging, disciplining, or discriminating against an employee for the lawful use of cannabis oil pursuant to a valid written certification issued by a practitioner for treatment, subject to certain exceptions.
The Illinois legislature, similarly, has enacted a host of changes including prohibitions on non-compete clauses for employee’s earning less than the threshold salary, an expanded definition of discrimination based on a disability in the Illinois Human Rights Act, and an amendment to the
Victims’ Economic Security and Safety Act broadening the definition of a covered employee. The Illinois legislature also extended the statute of limitations under the Personnel Review Act and took aim at monitoring diversity, equity , and inclusion in the workplace by requiring public corporations to report the self-identified sexual orientation and self-identified gender identity of their directors and requiring businesses that use artificial intelligence analysis on video interviews to screen applicants to collect and report race and ethnicity of rejected applicants and to submit an annual report. This is in addition the automatic minimum wage increase that takes effect January 1.
Participants in this webinar will learn about:
- How to comply with D.C.’s new Non-Compete Ban
- Amendments to state anti-discrimination and wage and hour laws
- Which policies and procedures should be reviewed and/or revised
- Employment issues related to lawful use of marijuana
- Steps to comply with Maryland’s revised discrimination laws and Mini-WARN Act
Click here to register for this webinar.
NLRB Update
Tuesday, June 14, 2022 at 1 PM ET
Presented by Kara M. Maciel and Mark M. Trapp
With the National Labor Relations Board back under Democrat control, we will review the state of labor law nearly eighteen months into the Biden Administration. We will discuss the status of the Board and its Members, its most important recent rulings, and the prospects for a revival of many Obama-era rulings that were reversed or undercut during the Trump administration.
Participants in this webinar will learn about:
- Recent NLRB decisions or rulemakings and other timely issues
- The potential impact on their employees and workplace
Click here to register for this webinar.
Appearance Discrimination Issues/CROWN Act and Unconscious Bias
Wednesday, July 20, 2022 at 1 PM ET
Presented by Aaron R. Gelb and Ashley D. Mitchell
Appearance-based discrimination occurs when someone is treated differently based on how they look. Although there is no federal law that prohibits “appearance discrimination” in employment, claims involving such issues are typically brought in the context of prohibited race, sex, or disability discrimination allegations. While there was a case several years ago that garnered a good deal of media attention involving a female bank employee who claimed she was told she was “too sexy” for her position, it is more common to encounter claims by women (and men) that they were treated less favorably than a coworker whom the boss found attractive. Obese workers have alleged that they were perceived as disabled because of their weight and employees who wear certain garments and/or jewelry as part of their religion have also filed claims of discrimination. Meanwhile, hairstyles and types are now on the cutting edge of fair employment law compliance.
For years, savvy employers recognized that there may be a need to accommodate certain religious beliefs pertaining to hairstyles, but a growing number of jurisdictions have passed or are considering laws that prohibit race-based hair discrimination such as the CROWN Act (“Creating a Respectful and Open World for Natural Hair”) which is focused on ending the denial of employment and educational opportunities because of hair texture or protective hairstyles including braids, locs, twists or bantu knots.
Participants in this webinar will learn:
- How the EEOC and other fair employment agencies evaluate appearance discrimination claims
- What proactive employers can and should do to avoid such claims
- Which states and local jurisdiction have passed or will likely soon pass CROWN Act laws
- How employers can create policies and procedures that address appearance discrimination
- Best practices for avoiding appearance discrimination claims
Click here to register for this webinar.
Wage & Hour Best Practices
Wednesday, August 11, 2022 at 1 PM ET
Presented by Andrew J. Sommer and Ashley D. Mitchell
Employers are subject to numerous federal and state laws governing employee wages, the hours of work for which an employee must be paid, and the frequency and duration of breaks an employee is entitled to during the workday. Wage and hour issues are further complicated by a shift to remote work during the pandemic. Even the best-intentioned employers could face a multi-million-dollar wage and hour class action. This webinar will give you a blueprint for best practices and common pitfalls to avoid and mitigate the risk of future wage and hour litigation.
Participants in this webinar will learn about:
- Independent contractor status, and the implications of misclassifying an employee as an independent contractor
- Exempt vs. non-exempt employees including discussion of the “White Collar” exemptions
- State meal and rest period requirements
- Other wage and hour considerations such as the regular rate of pay for overtime purposes, off-the-clock work, and time and wage statement requirements
- Top legal considerations for employees working remotely
- Collective action trends including a discussion of California’s Private Attorneys General Act (PAGA), known as the “Bounty Hunter” statute, and why employers with a presence outside of California should take notice
Click here to register for this webinar.
How to Best Ensure ADA Compliance for Your Property’s Website
Wednesday, September 21, 2022 at 1 PM ET
Presented by Jordan B. Schwartz and Megan S. Shaked
Another year has gone by, and yet the lawsuits filed against hotels and other places of public accommodation alleging violations of the Americans with Disabilities Act (“ADA”) continues to increase. We still see hundreds of lawsuits filed each month against hotels for their failure to identify and describe accessible features at their properties in sufficient detail on their websites. Many of these lawsuits continue to allege that Online Travel Agencies (“OTAs”) such Expedia, Hotels.com, or Orbitz fail to provide information about the accessible amenities of the hotel, including its rooms, to individuals with disabilities, or fail to allow an individual with a disability to book an accessible guestroom. While it may seem counterintuitive that a Hotel would be responsible for the information provided on the OTAs website, that often is the case.
A ton of ADA lawsuits also continue to be filed every day alleging that hotel websites cannot be used by individuals with visual or hearing impairments (in particular websites that utilize PDFs).
Thus, it is extremely important that businesses ensure the accessibility of their websites while also providing an appropriate “accessibility statement” explaining to users the steps you have taken to improve your website’s accessibility.
Unfortunately, there is no sign that these types of lawsuits are slowing down. On the contrary, a plethora of these lawsuits continued to be filed each and every day. This presentation will present practical tips and cost-effective strategies for managing the risk of ADA-related litigation in this ever-evolving area of the law.
During this webinar participants will learn about:
- What accessible features to list on your website to reduce your legal exposure
- What questions to ask OTAs to ensure that they are not creating liability for your property
- Best practices for ensuring that your website is accessible
- Tips for drafting an appropriate website accessibility statement
- How to decrease your overall legal exposure
Click here to register for this webinar.
Drug Testing (L&E Crossover)
Tuesday, October 11, 2022 at 1 PM ET
Presented by Aaron R. Gelb, Daniel C. Deacon, and Ashley D. Mitchell
Recreational and medicinal marijuana are here to stay. Each year, it seems that several new jurisdictions legalize marijuana use in some form and momentum continues to build for change on the federal level. As such, it appears to be only a matter of time before marijuana is legalized in some form throughout the entire country. However, with these changes comes the potential for more employees to be under the influence of both legal and illegal drugs at the workplace. So, what can employers do to maintain a safe workplace? What restrictions are there for testing employees for drug use? Can employer really impose a drug-free workplace policy considering these seemingly pro-marijuana laws?
This webinar will explore the changing legal landscape concerning marijuana, analyze potential issues related to zero-tolerance policies and review tips for developing effective drug testing policies that will comply with fair employment laws as well as OSHA regulations. Specifically, you will learn about:
- The changing legal landscape regarding medical and recreational marijuana in states around the country
- How state marijuana laws affect your federal compliance obligations under the DOT and other agencies
- Which state laws provide explicitly for employee non-discrimination protections
- Whether medical marijuana use may qualify as a reasonable accommodation under the Americans with Disabilities Act or state disability discrimination laws
- How to address off-duty use of marijuana in states where it is legal
- Whether OSHA will be changing its approach to drug testing under the Biden Administration
Click here to register for this webinar.
Practical Advice for Responding to Administrative Charges of Discrimination and Retaliation
Wednesday, November 16, 2022 at 1 PM ET
Presented by Lindsay A. DiSalvo and Megan S. Shaked
When an administrative agency, like the federal Equal Employment Opportunity Commission (“EEOC”), receives a complaint of discrimination or retaliation, the employer is given an opportunity to respond and provide information/evidence pursuant to the agency’s investigation of the complaint. In its response, the employer can explain why the action taken against the employee was legitimate or did not occur as alleged. These responses are an opportunity for the employer to provide sufficient information to avoid further action by the administrative agency or potentially litigation of the claim(s). A strong response could demonstrate there is no support for the complaint and resolve the complaint in a favorable manner for the employer. However, these responses can also create a written record of admissions to which the agency can hold the employer accountable, and any supporting documentation may be closely scrutinized and used to establish liability. Thus, employers must be thoughtful in sharing information at this early stage and should ensure there is a procedure in place for managing and developing these responses.
Participants in this webinar will learn about:
- The types of administrative complaints that an employer may receive from the EEOC or California agencies
- Specific prohibitions of the applicable laws and regulations, and the standard of proof by which these complaints are generally evaluated
- Strategies employers can use to effectively respond to complaints of discrimination and retaliation
- Proactive measures employers can take to avoid employee complaints
Click here to register for this webinar.
Recap of Year Two of the Biden Administration
Wednesday, December 7, 2022 at 1 PM ET
Presented by Kara M. Maciel and Aaron R. Gelb
As we approach the midway point of the Biden Administration, we will take stock of the lay of the land at Biden’s DOL, reviewing the initiatives the Department and its agencies have focused on in Year 2 and evaluating how they have fared in driving change at DOL, EEOC, NLRB, and OSHA. We will also assess those agencies’ rulemaking, policymaking, and enforcement efforts; make predictions about what employers can expect from the Biden Administration’s DOL in the second half of President Biden’s presidential term; and assess the impact of the mid-term elections.
Participants in this webinar will learn about:
- Biden Administration’s DOL Regulatory Agenda, including rulemaking and policy setting priorities around COVID-19 and other topics
- Remaining vacancies and/or expected leadership changes at the Department of Labor and key agencies like EEOC, NLRB, OSHA and MSHA
- Enforcement initiatives and emphasis programs at those same DOL agencies
- Predictions for the Department of Labor in Years 3 and 4
Click here to register for this webinar.