Labor and Employment Law Seminar

Please join us for a complimentary seminar with a variety of informative updates from Holland & Knight attorneys. This interactive program will focus on important state and federal employment law issues covering a wide range of industries.

Topics and Presenters

Transgender Issues in the Workplace

Problems that transgender individuals face in society, especially in the workplace, have been headlined by media outlets across the nation. Partner Phillip Schreiber and Senior Counsel Jen Froehlich will discuss recent developments, including an explanation of the legal issues for businesses as well as the enforcement positions of the U.S. Equal Employment Opportunity Commission (EEOC) and other federal agencies.

Fair Labor Standards Act (FLSA) Update

Changes to FLSA regulations will take effect soon. Mr. Schreiber and Ms. Froehlich will offer a brief review of what to expect and what employers should be doing to prepare their workers and their companies.

What Would You Do? Let's Figure It Out Together

Kenneth Jenero will lead an interactive session with hypothetical situations involving common – but often complicated – issues related to reasonable accommodations, leaves of absence, light duty and other obligations under the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), Illinois Human Rights Act (IHRA) and Illinois Workers' Compensation Act. The session will include a discussion of the pregnancy fairness amendments to the IHRA.

Employer Issues Under the Affordable Care Act (ACA)

The ACA and its nearly 50 provisions represent the largest set of tax law changes in more than 20 years. The Employer Play or Pay provision requires applicable large employers to offer adequate health coverage to full-time employees and their dependents or face an Internal Revenue Service (IRS) tax. The Congressional Budget Office (CBO) estimated that $139 billion in taxes will be collected under this provision in the next 10 years. Partner Nicole Elliott, the former senior director of the ACA at the IRS, will discuss government enforcement of the Employer Play or Pay provision. She also will address emerging issues related to the ACA and employers, including what changes to expect after the November elections.

Recent Retaliation Guidance from the EEOC

On August 29, 2016, the EEOC issued its Enforcement Guidance on Retaliation and Related Issues, which had not been updated for almost 20 years. Retaliation claims by employees have continued to increase and are now the most common complaint filed against public and private employers. Partner Robert Vyverberg will break down the EEOC's enforcement guidance, identify the types of conduct that are protected and discuss recent court decisions in retaliation cases. He also will describe various policies and procedures that employers can implement to prevent retaliation claims and limit liability when retaliatory conduct has occurred.

Potpourri of Employment Issues

Partner Steve Gillman will cover a variety of topics, including 1) employee text messages and the duty to preserve them; 2) discovering deleted Facebook posts; 3) firing employees for their tweets; 4) more handbook provisions found to violate the National Labor Relations Act (NLRA); 5) summary judgment in employment cases; 6) apps to enhance employee morale; 7) workplace bullies; and 8) Illinois employment law update.

Agenda

8:00 – 8:30 a.m.  |  Check-in and Continental Breakfast

8:30 a.m. – 12:00 p.m.  |  Seminar

Continuing Legal Education

Holland & Knight is an approved CLE provider in several jurisdictions, including California, Georgia, Illinois, New York and Texas. All reasonable efforts to seek CLE credits for this program will be made. In certain instances, some programs may not be awarded CLE credits because of either content or jurisdictional restrictions. For New York attorneys, this program's format qualifies for CLE for transitional (newly admitted) and experienced attorneys.

Continuing Professional Education Credits (CPE)

Holland & Knight can provide certificates of attendance that may be used to obtain CPE credit for nonlegal professions such as HRCI and SHRM. Attendees will need to follow the appropriate self-application procedures for their organizations.