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Employment Law Institute (2020)

Since the onset of Coronavirus/COVID-19, attorneys practicing labor & employment law are managing unprecedented new laws, procedures, and legal challenges. The 2020 IICLE® Employment Law Institute is a a valuable resource for navigating these uncertain times.
Credits: 5 General, 1 Diversity/Inclusion PR, 0 MH/SA PR, 0.5 Other PR

Agenda

 Program Moderators:  Robert T. Bernstein, Laner Muchin, Ltd., Chicago

Kathryn M. Hartrick, Hartrick Employment Law, Ltd., Chicago

Illinois Employment Law Update:  What’s New and What to Do? 
(0.5 Professional Responsibility credit)
Ensure training, policies and procedures reflect the most recent developments in Illinois impacted by Coronavirus/COVID-19, and what do you need to address outside of the pandemic that includes recent Illinois and local laws that have taken effect since 2019.  The following should be on your radar:

  • Illinois Workplace Transparency Act (effective 2020)
  • Illinois Human Rights Act (recent amendments and developments addressing discrimination based on sexual harassment, disability, national origin/ancestry, retaliation)
  • Victims Economic Security and Safety Act (VESSA)
  • Amendments to the Illinois Equal Pay Act of 2003, and the Wage Payment and Collection Act – addressing equal pay (effective January 2019 and September 2019)
  • Chicago Fair Work Week
  • Illinois Expense Reimbursement Act and temporary measures to put in place given Governor Pritzker’s “Stay at Home” Order
  • Laws in Illinois pertaining to paid leaves, unpaid leaves, unemployment compensation benefits, workers’ compensation, safety, and terminations

Panelists:                          
Lori L. Deem
, Hughes Socol Piers Resnick & Dym, Ltd., Chicago
Charis Runnels, BDO USA, LLP, Chicago
Nigel F. Telman, Proskauer Rose LLP, Chicago
Panel Moderator: Kathryn M. Hartrick, Hartrick Employment Law, Ltd., Chicago

Wage & Hour and BIPA Issues In The COVID-19 Era
Two experienced attorneys on opposite sides debate hot topics in wage and hour law, including:

  • Work from home issues and the impact for exempt & non-exempt employees
  • Reducing the salary and modifying work for exempt employees
  • Requiring use of paid leave/vacations
  • Arbitration agreements with class/collective action waivers
  • Joint employer liability
  • Court approval of FLSA settlements and offers of judgment

James J. Oh, Epstein Becker & Green, P.C., Chicago
James B. Zouras, Stephan Zouras, LLP, Chicago

Practical Issues for Employers in Navigating the New Federal Emergency Paid FMLA and Sick Leave Mandates
The application of the Family and Medical Leave Act (FMLA) to employee leaves of absence was a conundrum for employees and employers alike even before Coronavirus times. On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (FFCRA), to provide relief to American workers of certain covered employers in the wake of the coronavirus pandemic. This new law requires covered employers to offer emergency paid leave in the form of a new mandatory paid sick leave benefit and expanded paid leave under the FMLA.  Understand the new FMLA and paid sick leave provisions of the FFCRA and obtain practical counsel for navigating the requirements of the law and address questions such as:

  • The new law covers private employers fewer than 500 employees. How is this number calculated and how are multiple, related companies treated when determining employer coverage?
  • How are the exclusion and opt-out provisions for certain types and certain sizes of employers working?
  • How do the new FMLA and sick leave requirements combine with existing leave under company policy or state/local law and/or the amount of FMLA leave already taken?
  • What are the reasons for leave and how does an employer manage the overlap between paid sick leave and paid FMLA leave?
  • Can paid sick and paid FMLA leave be used intermittently or must they be taken in a continuous period of time?

Jeff Nowak, Littler Mendelson P.C., Chicago

Furloughs, Layoffs, RIFs, and WARN
The COVID-10 pandemic caused many employers to address whether and how to reduce the amount of work and headcount of their workforce.  As the country begins to ease COVID-19 business restrictions, many workplaces are struggling with reopening and adjusting to the “new normal.” For businesses closed due to “stay at home” orders, this process will involve recalling furloughed workers and learning from the steps taken by essential businesses that never closed.  When the COVID-19 pandemic is over, the choices made could lead to legal challenges on top of economic issues. Our panel discusses ways to reduce legal exposure in these unprecedented times.      
Topics include:

•             What is a furlough versus a layoff and why does it matter?
•             What are the types of separations that trigger federal and state WARN Acts, and what are the potential penalties?
•             COVID-19 and the “unforeseeable business circumstance” provision of WARN
•             Severance and release agreement best practices
•             Best practices for recalling furloughed employees
•             Employer testing for COVID-19 and increased scrutiny of employee health
•             New discrimination claims involving immunity, and preference for employees who have recovered

Erin McAdams Franzblau, Freeborn & Peters LLP, Chicago
Jeremy Glenn, Cozen O'Connor, Chicago

It’s Not Just “Diversity:” How Diversity, Inclusion and Allyship Can Make You and Your Organization Better
(1.0 Diversity & Inclusion Professional Responsibility credit)
During these unprecedented times, employers must remain purposeful in creating a sense of community, belonging, and engagement in the workplace—whether physical or virtual. The panel will discuss practical and legally-compliant strategies for diversity, inclusion, and allyship that can improve productivity, professional development, retention, and overall success and will explore emerging terminology and ways to overcome obstacles to diversity and inclusion.
Panelists:                         
Ann H. Chen, Abbott Laboratories, Abbott Park
Genhi Givings Bailey, Perkins Coie, Chicago
Michelle Silverthorn, Inclusion Nation, Chicago
Panel Moderator: Michael H. Cramer, Ogletree Deakins, Chicago

NLRB Update
The COVID-19 outbreak rendered many workplaces dormant, but frontline workers in the grocery, delivery, and medical fields have felt the effects of the massive influx in demand for their services caused by the pandemic. There have been employee protests, threats to strike or sick-out, demands for hazard pay and enhanced workplace safety measures.   Address both unionized and non-unionized workforces and shifts in bargaining power as well as a rise in union organizing.  What does all this mean with a National Labor Relations Board under the Trump administration that prior to COVID-19 was issuing more employer-friendly decisions.
Ross H. Friedman, Morgan, Lewis & Bockius, Chicago
Paul Hitterman, National Labor Relations Board, Chicago

An Update on Employment Law Claims that Have Arisen During the COVID-19 Pandemic and the Type of Claims We Can Expect in the Future
The COVID-19 pandemic has had far reaching implications on the employment relationship in ways that were not initially anticipated. Understand practical takeaways from the types of employment claims that have arisen during this timeframe and that will likely arise as we progress into the future.
Robert T. Bernstein, Laner Muchin, Ltd., Chicago

BONUS SESSION — COVID-19 Privacy Concerns & Response Strategies
The spread of COVID-19 has disrupted the way in which companies do business in an unprecedented fashion.  Privacy concerns have arisen in connection with remote work environments and employers’ rights to information concerning and access to employees’ health data.  Now, more than ever, companies and employees alike need to understand what rights and obligations each have in connection with employees’ privacy rights.
Jeffrey L. Widman, Fox Rothschild LLP, Chicago



e-learn
SKU: P9003-20E
$325.00 or 6.50 credits
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DVD
SKU: P9003-20D
$325.00
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Audio Download
SKU: P9003-20A
$325.00
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Products specifications
Program Date5/14/2020

Agenda

 Program Moderators:  Robert T. Bernstein, Laner Muchin, Ltd., Chicago

Kathryn M. Hartrick, Hartrick Employment Law, Ltd., Chicago

Illinois Employment Law Update:  What’s New and What to Do? 
(0.5 Professional Responsibility credit)
Ensure training, policies and procedures reflect the most recent developments in Illinois impacted by Coronavirus/COVID-19, and what do you need to address outside of the pandemic that includes recent Illinois and local laws that have taken effect since 2019.  The following should be on your radar:

  • Illinois Workplace Transparency Act (effective 2020)
  • Illinois Human Rights Act (recent amendments and developments addressing discrimination based on sexual harassment, disability, national origin/ancestry, retaliation)
  • Victims Economic Security and Safety Act (VESSA)
  • Amendments to the Illinois Equal Pay Act of 2003, and the Wage Payment and Collection Act – addressing equal pay (effective January 2019 and September 2019)
  • Chicago Fair Work Week
  • Illinois Expense Reimbursement Act and temporary measures to put in place given Governor Pritzker’s “Stay at Home” Order
  • Laws in Illinois pertaining to paid leaves, unpaid leaves, unemployment compensation benefits, workers’ compensation, safety, and terminations

Panelists:                          
Lori L. Deem
, Hughes Socol Piers Resnick & Dym, Ltd., Chicago
Charis Runnels, BDO USA, LLP, Chicago
Nigel F. Telman, Proskauer Rose LLP, Chicago
Panel Moderator: Kathryn M. Hartrick, Hartrick Employment Law, Ltd., Chicago

Wage & Hour and BIPA Issues In The COVID-19 Era
Two experienced attorneys on opposite sides debate hot topics in wage and hour law, including:

  • Work from home issues and the impact for exempt & non-exempt employees
  • Reducing the salary and modifying work for exempt employees
  • Requiring use of paid leave/vacations
  • Arbitration agreements with class/collective action waivers
  • Joint employer liability
  • Court approval of FLSA settlements and offers of judgment

James J. Oh, Epstein Becker & Green, P.C., Chicago
James B. Zouras, Stephan Zouras, LLP, Chicago

Practical Issues for Employers in Navigating the New Federal Emergency Paid FMLA and Sick Leave Mandates
The application of the Family and Medical Leave Act (FMLA) to employee leaves of absence was a conundrum for employees and employers alike even before Coronavirus times. On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (FFCRA), to provide relief to American workers of certain covered employers in the wake of the coronavirus pandemic. This new law requires covered employers to offer emergency paid leave in the form of a new mandatory paid sick leave benefit and expanded paid leave under the FMLA.  Understand the new FMLA and paid sick leave provisions of the FFCRA and obtain practical counsel for navigating the requirements of the law and address questions such as:

  • The new law covers private employers fewer than 500 employees. How is this number calculated and how are multiple, related companies treated when determining employer coverage?
  • How are the exclusion and opt-out provisions for certain types and certain sizes of employers working?
  • How do the new FMLA and sick leave requirements combine with existing leave under company policy or state/local law and/or the amount of FMLA leave already taken?
  • What are the reasons for leave and how does an employer manage the overlap between paid sick leave and paid FMLA leave?
  • Can paid sick and paid FMLA leave be used intermittently or must they be taken in a continuous period of time?

Jeff Nowak, Littler Mendelson P.C., Chicago

Furloughs, Layoffs, RIFs, and WARN
The COVID-10 pandemic caused many employers to address whether and how to reduce the amount of work and headcount of their workforce.  As the country begins to ease COVID-19 business restrictions, many workplaces are struggling with reopening and adjusting to the “new normal.” For businesses closed due to “stay at home” orders, this process will involve recalling furloughed workers and learning from the steps taken by essential businesses that never closed.  When the COVID-19 pandemic is over, the choices made could lead to legal challenges on top of economic issues. Our panel discusses ways to reduce legal exposure in these unprecedented times.      
Topics include:

•             What is a furlough versus a layoff and why does it matter?
•             What are the types of separations that trigger federal and state WARN Acts, and what are the potential penalties?
•             COVID-19 and the “unforeseeable business circumstance” provision of WARN
•             Severance and release agreement best practices
•             Best practices for recalling furloughed employees
•             Employer testing for COVID-19 and increased scrutiny of employee health
•             New discrimination claims involving immunity, and preference for employees who have recovered

Erin McAdams Franzblau, Freeborn & Peters LLP, Chicago
Jeremy Glenn, Cozen O'Connor, Chicago

It’s Not Just “Diversity:” How Diversity, Inclusion and Allyship Can Make You and Your Organization Better
(1.0 Diversity & Inclusion Professional Responsibility credit)
During these unprecedented times, employers must remain purposeful in creating a sense of community, belonging, and engagement in the workplace—whether physical or virtual. The panel will discuss practical and legally-compliant strategies for diversity, inclusion, and allyship that can improve productivity, professional development, retention, and overall success and will explore emerging terminology and ways to overcome obstacles to diversity and inclusion.
Panelists:                         
Ann H. Chen, Abbott Laboratories, Abbott Park
Genhi Givings Bailey, Perkins Coie, Chicago
Michelle Silverthorn, Inclusion Nation, Chicago
Panel Moderator: Michael H. Cramer, Ogletree Deakins, Chicago

NLRB Update
The COVID-19 outbreak rendered many workplaces dormant, but frontline workers in the grocery, delivery, and medical fields have felt the effects of the massive influx in demand for their services caused by the pandemic. There have been employee protests, threats to strike or sick-out, demands for hazard pay and enhanced workplace safety measures.   Address both unionized and non-unionized workforces and shifts in bargaining power as well as a rise in union organizing.  What does all this mean with a National Labor Relations Board under the Trump administration that prior to COVID-19 was issuing more employer-friendly decisions.
Ross H. Friedman, Morgan, Lewis & Bockius, Chicago
Paul Hitterman, National Labor Relations Board, Chicago

An Update on Employment Law Claims that Have Arisen During the COVID-19 Pandemic and the Type of Claims We Can Expect in the Future
The COVID-19 pandemic has had far reaching implications on the employment relationship in ways that were not initially anticipated. Understand practical takeaways from the types of employment claims that have arisen during this timeframe and that will likely arise as we progress into the future.
Robert T. Bernstein, Laner Muchin, Ltd., Chicago

BONUS SESSION — COVID-19 Privacy Concerns & Response Strategies
The spread of COVID-19 has disrupted the way in which companies do business in an unprecedented fashion.  Privacy concerns have arisen in connection with remote work environments and employers’ rights to information concerning and access to employees’ health data.  Now, more than ever, companies and employees alike need to understand what rights and obligations each have in connection with employees’ privacy rights.
Jeffrey L. Widman, Fox Rothschild LLP, Chicago



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Program Date5/14/2020
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