SHRM Public Policy Webcast Series
Brinker v. Superior Court:
The Changing Landscape of California Meal and Rest Period Administration and Class-Action Litigation
Original webcast date: May 1
Recertification Credits: 1.5
On-Demand Now Available - Sign up today!
SHRM members: $99
Nonmembers: $139
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The California Supreme Court’s decision in the long-awaited Brinker v. Superior Court case has been heralded as a win for California employers, who find themselves freed of the duty to closely police employee meal periods to ensure compliance. But the opinion may have raised as many questions as it answered, including:
- What does a compliant meal and rest period policy look like, and why is it now more important than ever?
- What does it mean to relieve an employee of all duties?
- How can employers best protect against class-action lawsuits?
- What do employers actually have to do to enforce meal period compliance?
- When can employers stop paying the meal period premium?
- When are employers liable for off-the-clock work?
- How did Brinker change the landscape on administration and litigation of rest breaks?
- Has the California Supreme Court adopted the Dukes v. Wal-Mart standard for class certification?
Wage and hour attorneys Lois M. Kosch and Lisa Hill of Wilson Turner Kosmo LLP review the Brinker decision and its day-to-day implications for employers and its potential impact on wage and hour class actions.
About the speakers: Lois M. Kosch is a partner in the Employment Law Practice Group at the law firm Wilson Turner Kosmo. Her practice emphasizes the litigation of harassment, discrimination, wrongful termination, and wage and hour matters. In addition to litigation, she regularly counsels employers on employment-related issues that range from hiring to firing of employees, including writing and reviewing policies and handbooks, investigations, and advising clients on disciplinary actions and terminations. Kosch represents clients in the health care, pharmaceutical, restaurant and retail industries.
Lisa A. Hill is an associate in Wilson Turner Kosmo LLP’s Employment Practice Group, where she focuses on defending employers against wage and hour lawsuits including class action cases, discrimination and retaliation, wrongful termination, workplace harassment and ADA access cases. In addition to defending employers in all aspects of employment litigation, Hill advises employers regarding various personnel issues, employee handbooks, discipline and termination, family and medical leave, and developing preventive policies and procedures to avoid employment claims and litigation.
How the New EEOC Guidance on Criminal Background Checks Will Affect the Hiring Process
Original webcast date: May 3
Recertification Credits: 1.5
On-Demand Now Available - Sign up Today!
SHRM members: $99
Nonmembers: $139
Join SHRM Today and Save!
On April 25, 2012, The Equal Employment Opportunity Commission issued a new Enforcement Guidance on Employer Use of Arrest and Conviction Records. The new Guidance is intended to clarify how an employer’s use of an individual’s criminal history in making employment decisions could violate Title VII's prohibition against employment discrimination. In the wake of EEOC's new Enforcement Guidance, employers should expect aggressive oversight by the EEOC.
In this 90-minute program, Leslie E. Silverman, a Partner in Proskauer's Labor and Employment Department and a former Vice-Chair of the EEOC, will discuss the substance and impact of the new Enforcement Guidance, as well as key take-always for employers. Leslie will advise you on how and when a background check is applicable and will help you prepare your organization for the new changes, and how you will need to update your screening process for potential candidates.
About the speaker: Leslie E. Silverman is a partner in the Labor & Employment Law Department of Proskauer Rose LLP, based in the Washington, D.C. office. She is co-head of the firm's Employment Law Counseling & Training and Government Regulatory Compliance and Relations Groups. She counsels and advises clients on complying with workplace laws, dealing with government agencies and on a wide range of workplace issues, including diversity and recruitment and retention programs. Prior to joining Proskauer Rose, Silverman was vice chair of the U.S. Equal Employment Opportunity Commission (EEOC) and served as a member of the commission starting in 2002. As a member of the EEOC, Silverman oversaw the development and approval of enforcement policies, authorized litigation, and issued commissioner's charges of discrimination.
What the Quickie Election Rule and Other NLRB Moves Mean for All Employers
On-Demand Version Now Available
Recertification Credits: 1.5
SHRM members, $139 - Purchase Now
Nonmembers, $189 - Purchase Now
In the waning days of 2011, the National Labor Relations Board passed sweeping revisions to the rules governing union election procedures. The enactment of these regulations, as well as President Obama's recess appointment of three commissioners to serve on the NLRB, underscore the administration's intention to push forward with its labor agenda in 2012. This will have a significant impact on all employers, whether or not they have previously been targets of organizing efforts. In this webcast, leading employee relations attorneys G. Roger King of Jones Day and Brent Yessin of Yessin and Associates will describe in detail the "quickie" or "ambush" union election rule, and enumerate your rights and obligations when a union representation vote takes place. The program will also discuss new rules governing micro-bargaining units and the pending poster mandate for employers. The presenters will also discuss how the addition of three new commissioners will tilt the NLRB's agenda this year and beyond.
Michael Layman of SHRM's Government Affairs department will also speak during the program, providing details on how HR professionals and their organizations can participate in and influence the rulemaking process.
About the speakers: G. Roger King is a partner at the law firm Jones Day, representing employers in employment relations matters, particularly those arising under the National Labor Relations Act, state and federal equal employment statutes, the Americans with Disabilities Act, and the Family and Medical Leave Act. He has testified before U.S. Congressional committees, is frequently quoted on labor issues in publications and has been an active speaker and author for various groups throughout the United States.
Brent W. Yessin is the founder and CEO of Yessin & Associates. His firm provides management consulting to employers in the Americas and Europe, specializing in employment and labor relations. Mr. Yessin has counseled clients through more than 200 union organizing campaigns or work stoppages.
Michael Layman is manager of employment and labor policy in SHRM's Government Affairs division.
California Employment Law Roundup: Legislative Initiatives
On-Demand Version Now Available
Recertification Credits: 1.5*
Presented in cooperation with the California State Council of SHRM
SHRM Members: $99 - purchase now
Non-Members: $149 - purchase now
(*This program has been pre-approved for CA-specific credit for PHR-CA and SPHR-CA credential holders. Those that do not hold a CA-specific credential will be awarded general credit hours)
2011 was a busy year in California in terms of legislative activity affecting employers. Among the new laws signed by Gov. Jerry Brown are ones that limit the use of credit checks in employment, mandate paid leave for organ and marrow transplant donors and prohibit genetic discrimination, going beyond even the federal Genetic Information Nondiscrimination Act. Other significant measures signed by the Gov. Brown include tougher enforcement of independent contractor classification rules, wage theft prevention and gender identity anti-discrimination rules. All of these have significant impact on employers in terms of new rules and new recordkeeping requirements. In this 90-minute program, attorneys Michael Kalt and Lonny Zilberman will provide plain-language explanations of the latest California law developments, which can then be applied by employers based in California, as well as out-of-state companies with operations in California.
About the presenters: Michael Kalt is a partner in the Employment Law Practice Group of Wilson Turner Kosmo LLP, where he has worked since 1996. His employment law practice emphasizes the litigation and trial of wrongful termination, harassment, discrimination cases in state and federal court. Mr. Kalt also provides advice and training to employers on employee discipline and investigations, employment policies and procedures, and fair employment practices.
Leonid “Lonny” Zilberman is a partner at Wilson Turner Kosmo LLP, in the firm's Employment Law Practice Group. Mr. Zilberman works with companies to find practical, cost-effective strategies to their workforce problems. He routinely advises clients on a broad range of employment issues, such as complying with employment laws (including Title VII, ADA, ADEA, FMLA, and WARN); drafting and analyzing employment and non-compete agreements; developing and implementing personnel policies and procedures; hiring, firing and managing employees; conducting internal sexual harassment, whistleblower and misconduct investigations; conducting "best practices" audits and management trainings; handling DOL investigations; and defending discrimination claims before the EEOC, DFEH and other state administrative agencies.
"Quickie Elections" and "Persuader Activity":
What New Union Organizing Rules Mean for ALL Employers
Recertification Credits: 1.5* (This program qualifies for strategic management credit)
SHRM Members: $139
Non-Members: $189
Despite the legislative gridlock in Congress, the National Labor Relations Board (NLRB) and the Department of Labor (DOL) are moving forward with rulemaking that many observers contend will make it easier for unions to move forward with elections and other collective bargaining activities.
The NLRB's proposed “Quickie Election” rule, recently published in the Federal Register and long identified as a top goal of organized labor, could tilt the election process heavily against employers and in favor of a union outcome and will deny many employers who do not have knowledgeable labor counsel immediately available of legal representation and due process. Among other provisions, the rule would shorten the election period from a current median time of 38 days to as few as 10 days. The quicker vote gives employers' less time to communicate their views on unionization to employees.
Workplace application: This 90-minute webcast, hosted by leading experts on labor relations, will provide you with timely information on these significant revisions to union organizing rules. It will review the NLRB and DOL proposals and provide you with guidance about practices you should take in anticipation of them being adopted. SHRM's Government Affairs Department will also describe how you can make sure your voice and your organization's views are represented in the policymaking process.
Presenters: G. Roger King is a partner at the law firm Jones Day.
The Honorable Peter C. Schaumber served as a member of the National Labor Relations Board (NLRB) from 2002 to 2010.
Michael Layman manager of employment and labor policy at SHRM.
New FLSA Regulations: What You Need to Know Now
June 2011
Recertification Credits: 1.5
SHRM Members:$139
Nonmembers: $189
In May 2011, new amendments went into effect that revise the Fair Labor Standards Act (FLSA), the key federal law establishing the wage, overtime and recordkeeping guidelines for most U.S. employers. The most significant revision affects employers that implement fluctuating workweek compensation programs. The new rules, which will be enforced by the U.S. Department of Labor's Wage and Hour Division, not only cover future salary calculations, they may even be applied retroactively. It's critical that employers understand these new provisions and adjust their compensation programs accordingly.
Workplace application: Get details on this little-publicized, but highly significant amendments to the Fair Labor Standards Act and the risk factors for employers. With this information, you'll be able to assess your current policies and practices and make changes as needed.
Presenters: Tammy McCutchen is a shareholder of the law firm Littler Mendelson, based in Washington, D.C.
Daniel Thieme is a shareholder of the law firm Littler Mendelson, based in Seattle.
Staying up-to-date on pending and anticipated legislative, regulatory and judicial activity is vital to your career and your organization. The Society for Human Resource Management (SHRM) makes it easy to stay a step ahead of HR public policy matters with the Emerging HR Public Policy Issues Series.
With the added responsibilities of HR professionals, finding the time to keep up with the changing legislation in Washington is next to impossible. SHRM understands the time constraints that affect HR professionals and are ready to keep you informed with our new Emerging HR Public Policy Issues Series, these interactive webcasts will bring clarity to challenging and time-sensitive topics.
SHRM helps you do more with less.
SHRM conveniently delivers this professional development opportunity to you via the Internet—which eliminates costly travel and lodging all the while fulfilling your recertification requirements.
Mitigating legal risks protects your organization.
Being informed about critical changes that must be made to keep your organization in compliance with the law helps avoid litigation, fines and penalties.
Get timely access to information you can’t afford to miss.
Each webcast provides need-to-know information that can affect the way you do business every day.