Almost every decision made as an HR professional is fraught with legal landmines that can bring frustration, fear, and lawsuits. Join our legal experts as they untangle misconceptions and eliminate confusion. Expert attorneys will cover labor and employment law, workplace violence and investigations, #MeToo, Illinois and Federal law changes affecting business, and more.
At MRA’s annual Employment Law Update you will walk away with an understanding of the latest employment-related legal developments and how to deal with them effectively.
6 HRCI/SHRM credits applied for.
Schedule Thursday, February 14, 2019 7:30 a.m. – 8:30 a.m. Registration and Breakfast 8:30 a.m. – 9:30 a.m. Session 1: #MeToo - Navigating the New Era of Workplace Harassment 9:30 a.m. – 10:30 a.m. Session 2: Policies and Practices to Reduce the Risk of EEOC Claims 10:45 a.m. – 11:45 a.m. Session 3: Addressing and Preventing Workplace Violence – What's Your Strategy? 11:45 a.m. – 12:45 p.m. Lunch 12:45 p.m. – 1:45 p.m. Session 4: Hiring Best Practices – Practical Advice and Liability Avoidance 1:45 p.m. – 2:45 p.m. Session 5: Aligning an Employee Benefit Plan with Your Employee Handbook: Policies, Drafting, and Other Considerations 3:00 p.m. – 4:00 p.m. Session 6: How to Navigate FMLA, ADA, and WC
Thursday, February 14, 2019 (8:30 a.m. to 4:00 p.m.)
8:30 to 9:30 a.m.
Session 1: #MeToo - Navigating the New Era of Workplace Harassment
Jonathan Levine, Littler Mendelson
You see the hashtags everywhere - #MeToo, #TimesUp. Concerns about sexual harassment in the workplace have grown more acute following the recent wave of public scandals, and you don’t need to be in Hollywood or Washington, D.C. to feel the ripple effect. We will facilitate a discussion of best practices to keep your company out of the news, manage legal risk, and foster the right corporate culture. Topics will include:
- National legal trends
- Updating workplace policies, practices, and internal complaint procedures
- What training should managers, decision makers, and other employees receive
- How to investigate and control the impact a complaint may have on the workplace and your business
- Best practices surrounding investigations and settlements
9:30 to 10:30 a.m.
Session 2: Policies and Practices to Reduce the Risk of EEOC Claims
Rob Bernstein, Laner Muchin
Discrimination complaints continue to be the number one litigation concern facing employers. This session will cover policies and practices that help reduce and manage the risk of discrimination claims being filed with the EEOC and other government agencies. We will discuss the following:
- Importance of paying attention to preventive measures like having an up-to-date legally compliant employee handbook and conducting employee training
- Conducting effective investigations
- Effective performance improvement; disciplinary and termination procedures and practices
- Best practices for leave-of-absence policies
10:45 a.m. to 11:45 a.m.
Session 3: Addressing and Preventing Workplace Violence – What’s Your Strategy?
Dennis Favaro, Favaro & Gorman, Ltd.
Workplace violence is a tragedy that can often be prevented by taking the proper measures to ensure the safety of all. This session will provide useful information to help you plan for and protect against the potential of violence in your workplace. Participants will gain a general understanding of the following:
- Steps an employer should take in addressing and preventing workplace violence
- Management strategies to consider in dealing with workplace violence
- Rights of employees who are victims of workplace violence
- Legal claims (and theories) for relief
- Overview of applicable law
12:45 to 1:45 p.m.
Session 4: Hiring Best Practices – Practical Advice and Liability Avoidance
Doris Brosnan, von Briesen & Roper
In this tight labor market, it is even more important for employers to follow smart recruiting and hiring processes in order not to miss out on good candidates or expose themselves to legal liability. In this session, we will cover:
- Attracting diverse and qualified applicants
- Avoiding background checking and interviewing pitfalls
- Using social media and other technology in recruiting and hiring
- Special issues in a tight labor market: requiring past salary history; status of immigration law and hiring of foreign nationals; and temp employees
1:45 to 2:45 p.m.
Session 5: Aligning an Employee Benefit Plan with Your Employee Handbook: Policies, Drafting, and Other Considerations
Jason Faust, Michael Best & Friedrich
The employee handbook is an essential communication tool that sets the stage for the employment relationship. It outlines an organization’s employee expectations and the employees’ total rewards. This session will cover:
- Review/high-level overview of the legal requirements for employee handbooks, benefit plan documents, and summary plan descriptions
- Discussion of where potential inconsistencies between the handbook and benefit plan documents may arise and how to avoid them
- What your employee handbook should (and should not) say about your benefit plans
- Practical tips for dealing with these and other benefit plan administration issues
3:00 to 4:00 p.m.
Session 6: How to Navigate FMLA, ADA, and WC
Gary Clark, Quarles & Brady
When addressing employee requests for leave and workplace accommodations, employers are often forced to consider the legal ramifications of family and medical leave laws, disability laws, and worker’s compensation requirements. The session will provide guidelines for addressing common scenarios. We will also cover:
- How to spot potential ADA situations early on, even without a formal request for accommodation
- How to strategically use both the FMLA and ADA to manage employees on leave
- Understanding how workers’ compensation changes employee leave issues
- The most common mistakes made navigating these laws and how to avoid them
Dennis R. Favaro is the managing partner of Favaro & Gorman, Ltd., an employment law firm. Mr. Favaro received a Bachelor of Arts from Illinois Wesleyan University, a Master of Arts from Wheaton College and his Juris Doctorate from Valparaiso University School of Law. He is admitted to the Illinois Bar and the Federal Bar for the Northern District of Illinois (including the Trial Bar), the United States Court of Appeals for the Seventh Circuit and the United States Supreme Court. Mr. Favaro is a faculty member of William Rainey Harper College and is a visiting adjunct lecturer at Wheaton College, where he teaches employment law courses. He is a Fellow of The College of Labor and Employment Lawyers and The Litigation Counsel of America. He has certifications in trial advocacy from the National Institute of Trial Advocacy, is a graduate of the Trial Lawyers College, is a member of the National Employment Lawyers Association and has been frequently recognized as a Super Lawyer, America’s Top 100 Attorneys and Leading American Attorney in employment law.
Doris Brosnan is a Shareholder and Leader of the firm’s Labor and Employment Law Section, and focuses exclusively on assisting clients with employment issues. Doris regularly advises health care, corporate and public sector clients on dealing with disloyal or difficult employees, accommodating disabilities in the workplace, harassment, workplace violence, FMLA, and the development of effective employment policies and practices. She regularly assists clients in preparing and implementing employee transition plans, including employment due diligence in mergers and acquisitions, severance agreements, business closings and reductions-in-force, and business reorganizations. Doris has defended schools in significant Title IX matters and regularly advises high schools and universities on Title IX compliance. She also assists clients in achieving employment objectives by providing immigration services, with an emphasis on business immigration. In addition to providing counseling on litigation avoidance, Doris defends employers in all types of employment-related litigation, including agency discrimination and wage claims, arbitrations, and multi-party employment litigation before federal and state courts. Doris also helps employers litigate to protect their confidential business information from disclosure by disloyal executives and salespeople. Doris advises hospitals and health care systems on a wide range of medical staff questions, including credentialing, employment and privilege, terminations and suspensions, peer review issues, and required reporting.
Gary Clark is a partner at Quarles & Brady with a practice focusing on all areas of labor and employment law, particularly employment-related litigation. His experience includes defending class actions under ERISA, the FLSA, the ADA and Title VII as well as high stakes complex litigation, such as EEOC enforcement actions, whistleblower matters and unfair competition/trade secret misappropriation matters. Gary also serves as a trusted business advisor and provides daily counsel on employment matters for numerous clients, including a global IT consulting firm and various educational and non-profit institutions. Gary employs a results-oriented approach that emphasizes crafting creative legal solutions to meet business needs.
Jon Levine has a national practice focusing on representing employers in all areas of labor-management relations, including litigation before the National Labor Relations Board and in state and federal courts. Jon’s notable successes include Metropolitan Milwaukee Association of Commerce v. Doyle, Case No, 10-C-0760 (E.D. Wis. 2010) in which the court struck down a provision of the Wisconsin Fair Employment Act prohibiting employers from conducting mandatory meetings with employees to discuss issues related to union organizing. He also handled Metropolitan Milwaukee Association of Commerce v. Milwaukee County, 431 F.3d 277 (7th Cir. 2005) in which the court struck down the Milwaukee Labor Peace Ordinance, a law that limited the rights of employers to oppose efforts of unions to organize their employees. Additionally, Jon counsels clients on best business and employee relations practices, complex business transactions and the related issues arising from mergers, acquisitions, and workforce reductions, and other types of business restructuring.
Jason P. Faust, Associate Attorney at Michael Best & Friedrich LLP has earned his J.D. and LL.M. in Employee Benefits from the John Marshall Law School. Clients rely on Jason for strategic counsel regarding a broad range of employee benefits and executive compensation matters, including qualified defined benefit and defined contribution retirement plans, health and welfare plans, nonqualified deferred compensation plans, multiemployer pension and health and welfare plans, and compliance with the Employee Retirement Income Security Act (ERISA) and Internal Revenue Code. Clients benefit from Jason’s unique background and perspective gained from former experience in the employee benefits practice of a large international law firm, as in-house counsel for one of the nation’s largest multiemployer Taft-Hartley defined benefit pension plans, as a compliance associate for a benefits, compensation, and human resources consulting firm, and as an extern with the U.S. Department of Treasury’s Office of Benefits Tax Counsel.
Rob Bernstein, partner at Laner Muchin, practice has been concentrated in defending employers in employment disputes and proceedings throughout the country, counseling employers on their day-to-day labor and employment issues, training management on a host of labor and employment topics, drafting and negotiating employment and non-competition agreements, drafting employee handbooks and corporate policy manuals, as well as handling collective bargaining negotiations, arbitrations, and a variety of other labor and employment matters on behalf of employers.
Member Attendee: $135
Nonmember Attendee: $165
Cancellation and Refund Policy:
Attendee substitutions may be made at any time and are encouraged when the original registrant cannot attend. If you must cancel or reschedule, please notify us at least three (3) business days prior to the program to receive a full refund of the program price. Cancellations or date changes made less than 3 business days prior to the program will incur the full registration cost.
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Harper College Wojcik Conference Center
1200 West Algonquin Road
Palatine, IL 60067
Complimentary parking is available in Lot 14, located adjacent to the Conference Center. If Lot 14 is full, there is additional parking in Lot 10, 11 and 12. Handicap parking is available in Lot 14.
Employment Law Update - Illinois and Federal