2021 Employment Law Update – 40th Annual Advanced Conference

Attendees tell us this is the best HR program in the country. Why? The updates include up-to-the-minute information on all recent, significant employment law developments. Most importantly, the Conferences feature IAML's "all-star" faculty (Raymond Deeny, Esq. and John F. Wymer III of Sherman & Howard) presenters who make learning interesting and fun. Combine their skills with important topics, special materials, and great locations and you have the "must attend" annual update for 40 years! There simply isn't a better HR program.

Coverage of new developments, advanced issues, legal hot spots, and best practices policies. Dynamic analysis and innovative discussions of topics will include:

• Biden Administration Labor and Employment Law Proposed Legislation - During the 2020 Presidential campaign, candidate Biden consistently emphasized his strong support for organized labor and for “good, high-paying union jobs.” The U.S. House of Representatives has already passed by a vote of 225-206 the Protecting the Right to Organize Act (PRO Act). The legislation will now go to the Senate. If the Senate were to pass it, the PRO Act would effectuate the most dramatic change in federal labor law since the Taft-Hartley Act in 1947. The legislation is designed to make it easier for unions to organize and expand the groups and categories of employees who are eligible to unionize. On February 25, 2021, the Workforce Mobility Act was introduced in the U.S. Senate and the House of Representatives. The bill, at least in the Senate, has bi-partisan support. If enacted into law, it would greatly limit employers’ ability to require employees to enter into non-compete agreements and other restrictive covenants. At the program, instructor John Wymer will give an update on the status of both bills and will outline the specific provisions of both.

• The Biden NLRB: Back to the Future - Since the passage of the National Labor Relations Act in 1935, no NLRB in history issued as many rules and decisions changing federal law as did the Obama Board. No Labor Board in history reversed as many decisions as did the Trump NLRB. Since January 20, 2021 (Inauguration Day), no Board has moved so quickly to undo a predecessor Board than has the Biden Board. What has happened so far? What can employers expect in the future? And what should they do to prepare? John will lead a discussion of all of these issues.

• Supreme Court Extends Title VII Protection to LGBTQ Employees and Applicants - In Bostock v. Clayton County, Georgia, No. 17 – 1618 (S. Ct. June 15, 2020), the U.S. Supreme Court decided (6-3) that Title VII’s prohibition of discrimination “because of sex” applies to and protects LGBTQ employees and applicants. Because of the case’s importance, John will review the facts in detail, as well as the effects it will have in the workplace. What, if anything, does Bostock change for employers and employees?

• The Post-COVID Workplace of the Future – – What Will It Be Like? - Pre-COVID “normal” and post-COVID “normal” will be different for everyone, and probably more so in the workplace than anyplace else. Issues of masks, social distancing, group settings, hand-washing, and workplace cleaning/sanitizing are already known. But what effect will COVID have on issues such as work-scheduling, attendance policies, attendance bonuses, office-area configurations, work-from-home policies, workers’ compensation, performance-evaluation criteria, union organizing, overtime and minimum wage, interviewing job applicants, discipline or discharge meetings, Weingarten rights, employer functions and outings, harassment, business travel, use of staffing companies, leaves of absence and employee morale/team-building? John will lead the discussion, but it is hoped this session will be highly interactive with participants sharing their own experiences and issues for the benefit of all attendees.

• What’s Happening with ADA and FMLA? - There have, over the last 18 months, been several new developments and court decisions on reasonable accommodation, essential job functions, the interaction between ADA and FMLA, intermittent leave, and others. John will provide an up-to-the-minute update.

• Retaliation…Whistleblowers…It Never Ends! - The U.S. Equal Employment Opportunity Commission reports that of all the charges it now receives, more allege retaliation than any other form of discrimination. And every year it receives more retaliation charges than it received the preceding year. It will only get worse from here. Is there anything an employer can do to reduce the risk? The instructor (John Wymer) will address that question and will also explain the reasons for the avalanche of retaliation claims.

• Updates on the Following: Sexual and other harassment, States legalizing marijuana, Age discrimination, Overtime cases and collective actions under FLSA, Investigations, and other important legal developments

Host or Publisher Institute for Applied Management & Law, Inc.