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Labor & Employment Law in an Hour (Series: One Hour Law School)

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Labor & Employment Law in an Hour (Series: One Hour Law School)

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Any business, large or small, needs to have at least a fundamental understanding of employment law. What must an employer do upon making a hire to make sure the worker is a U.S. citizen? When is a worker an independent contractor and when is she an employee? How does an employer make sure it is making proper withholdings? What does an employer do when it receives notice of a wage garnishment? What should an employer do if an employee tries to start a union? What is the best way to avoid a wrongful termination suit? What does an employer need to know about workers’ compensation insurance? What are some of the most common mistakes new employers make? Should an employer use a written employment agreement with its employees? These are some of the questions this webinar explores.

To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/labor-employment-law-2019/

Any business, large or small, needs to have at least a fundamental understanding of employment law. What must an employer do upon making a hire to make sure the worker is a U.S. citizen? When is a worker an independent contractor and when is she an employee? How does an employer make sure it is making proper withholdings? What does an employer do when it receives notice of a wage garnishment? What should an employer do if an employee tries to start a union? What is the best way to avoid a wrongful termination suit? What does an employer need to know about workers’ compensation insurance? What are some of the most common mistakes new employers make? Should an employer use a written employment agreement with its employees? These are some of the questions this webinar explores.

To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/labor-employment-law-2019/

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Labor & Employment Law in an Hour (Series: One Hour Law School)

  1. 1. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Check out our other webinars at www.financialpoise.com/financialpoisewebinars
  2. 2. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe Practical and entertaining education for attorneys, accountants, business owners and executives, and investors. 2
  3. 3. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe DISCLAIMER The material in this webinar is for informational purposes only. It should not be considered legal, financial or other professional advice. You should consult with an attorney or other appropriate professional to determine what may be best for your individual needs. While Financial Poise™ takes reasonable steps to ensure the information it publishes is accurate, Financial Poise™ makes no guaranty in this regard. 3
  4. 4. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe MEET THE FACULTY Moderator: Jack O'Connor – Sugar Felsenthal Grais & Helsinger Panelists: Jason Klimpl – Tannenbaum Helpern Syracuse & Hirschtritt Ruth Rauls – Saul Ewing Arnstein & Lehr LLP Stu Sklar – OTS Holdings, Inc. 4
  5. 5. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe ABOUT THIS WEBINAR: Labor & Employment Law in an Hour Any business, large or small, needs to have at least a fundamental understanding of employment law. What must an employer do upon making a hire to make sure the worker is a U.S. citizen? When is a worker an independent contractor and when is she an employee? How does an employer make sure it is making proper withholdings? What does an employer do when it receives notice of a wage garnishment? What should an employer do if an employee tries to start a union? What is the best way to avoid a wrongful termination suit? What does an employer need to know about workers’ compensation insurance? What are some of the most common mistakes new employers make? Should an employer use a written employment agreement with its employees? These are some of the questions this webinar explores. 5
  6. 6. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe ABOUT THIS SERIES: One Hour Law School Looking for a bird’s eye understanding of the rudimentary principles of a complex area of law? Interested in a much needed refresher on an issue that has rapidly evolved in recent years? Short on time? This series explores the essential building blocks of important legal concepts facing business people. 6
  7. 7. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe EPISODES IN THIS SERIES 1/22/19 Episode #1: Estate Planning & Asset Protection-101 2/19/19 Episode #2: Intellectual Property in an Hour 3/19/19 Episode #3: Labor & Employment Law in an Hour 4/16/19 Episode #4: Environmental Law In an Hour 5/14/19 Episode #5: Business Tax Law-101 7 Dates shown are premiere dates. All webinars will be available On Demand approximately 4 weeks after they premiere.
  8. 8. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe EPISODE #3: Labor & Employment Law in an Hour 8
  9. 9. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe WHAT DO WE MEAN WHEN WE TALK ABOUT “LABOR & EMPLOYMENT LAW”? • If employee not hired with purpose to invent then IP belongs to them • State Law Overrides • Contract Assigning IP Ownership • No Contract • Some states have enacted laws limiting breadth of PIIAs • May include inventions made on or off company’s premises
  10. 10. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe AT-WILL EMPLOYMENT Employment “at-will” means: ✓ Employer can terminate employee at any time for any reason (except an illegal reason), or for no reason without legal liability. ✓ Likewise, Employee is free to leave job at any time without notice for any reason or no reason with no adverse legal consequences. ✓ Employer can change terms of employment relationship going forward with no notice and no consequences.
  11. 11. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe EQUAL EMPLOYMENT OPPORTUNITY ISSUES – TITLE VII “To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes.”
  12. 12. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe EQUAL EMPLOYMENT OPPORTUNITY ISSUES – TITLE VII (cont’d) ✓Prohibits discriminatory actions in employment ✓Creation of Equal Employment Opportunity Commission (“EEOC”) ✓Allows civil action by employee or applicant for employment for redress of grievances ✓Government not exempted
  13. 13. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe EQUAL EMPLOYMENT OPPORTUNITY ISSUES – AMERICANS WITH DISABILITIES ACT (“ADA”) Purpose of ADA: 1. Provide clear and comprehensive national mandate for elimination of discrimination against individuals with disabilities; 2. Provide clear, strong, consistent, enforceable standards addressing discrimination or retaliation against individuals with disabilities;
  14. 14. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe EQUAL EMPLOYMENT OPPORTUNITY ISSUES – AMERICANS WITH DISABILITIES ACT (“ADA”) (cont’d) 1. Ensuring federal government plays central role in enforcing standards established in ADA on behalf of individuals with disabilities; and 2. Invoking sweeping congressional authority (including power to enforce 14th amendment) to regulate commerce, to address major areas of discrimination faced day-to-day by people with disabilities
  15. 15. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe EQUAL EMPLOYMENT OPPORTUNITY ISSUES - AGE DISCRIMINATION IN EMPLOYMENT ACT (“ADEA”) Protects certain applicants and employees 40 years of age and older from discrimination on basis of age in: hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment. • Job Notices and Advertisements • Protections include: • Pre-Employment Inquiries • Apprenticeship Programs • Benefits Can be waived if: • In writing and understandable • Specifically refers to ADEA • Not waive rights or claims that may arise in the future • Be in exchange for consideration • Advise to consult with attorney
  16. 16. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe EQUAL EMPLOYMENT OPPORTUNITY ISSUES FAMILY & MEDICAL LEAVE ACT & STATE LEAVE LAWS
  17. 17. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe EQUAL EMPLOYMENT OPPORTUNITY ISSUES – WORKPLACE SAFETY & OSHA ➢ Covers private employers & employees ➢ Covers some public sector employers ➢ States encouraged to develop own job safety and health programs (OSHA approved and monitored)
  18. 18. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe WAGE & HOUR ISSUES - FAIR LABOR STANDARDS ACT & STATE LAW CORROLLARIES
  19. 19. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe WAGE & HOUR ISSUES – INCENTIVE PAY FLSA rules distinguish between discretionary and nondiscretionary incentive payments and whether such payments are considered part of an employee’s regular rate of pay.
  20. 20. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe WAGE & HOUR ISSUES - OVERTIME • Employer who requires or permits employee to work overtime generally must pay employee premium pay for overtime work. • Unless specifically exempted, employees covered by the Act must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rates of pay. • No limit in the Act on number of hours employees aged 16 and older may work in any workweek. • Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, as such. Source: https://www.dol.gov/whd/regs/compliance/whdfs23.pdf
  21. 21. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe WAGE & HOUR ISSUES – OVERTIME (cont’d) • Act applies on a workweek basis. • Employee's workweek is a fixed and regularly recurring period of 168 hours -- seven consecutive 24-hour periods. • Workweek need not coincide with calendar week, but may begin on any day and at any hour of the day. • Different workweeks may be established for different employees or groups of employees. • Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned. Source: https://www.dol.gov/whd/regs/compliance/whdfs23.pdf
  22. 22. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe WAGE & HOUR ISSUES – MISCLASSIFYING INDEPENDENT CONTRACTORS
  23. 23. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe RETIREMENT ISSUES ✓ Employee Retirement Income Security Act (ERISA) ✓ Black Lung Benefits Act ✓ Longshore and Harbor Workers’ Compensation Act ✓ Defense Base Act
  24. 24. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe TRADITIONAL LABOR ISSUES: THE NLRA National Labor Relations Act (1935) - Enacted by Congress to: - protect the rights of employees and employers, - encourage collective bargaining, and - curtail certain private sector labor and management practices, which can harm the general welfare of workers, businesses and the U.S. economy.
  25. 25. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe TRADITIONAL LABOR ISSUES: THE NLRA (cont’d)
  26. 26. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe TRADITIONAL LABOR ISSUES – CLASS ACTION WAIVER • Class action waivers – employment agreements that restrict ability to file class action lawsuits • Similar to arbitration provisions • Potentially in breach of NLRA • Class action waivers under fire - National Labor Relations Board v. Murphy Oil USA (No. 16-307), Epic Systems Corp. v. Lewis (No. 16-285), and Ernst & Young LLP v. Morris (No. 16-300)
  27. 27. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe BEST PRACTICES - EMPLOYEE HANDBOOKS What goes into an employee handbook: ➢ Non-Disclosure Agreements ➢ Conflict of Interest Statements ➢ Non-Discrimination Policies ➢ Compensation schedules / policies ➢ Work Schedules ➢ Standards of Conduct / misconduct ➢ General Employment Information ➢ Safety and Security ➢ Computers and Technology ➢ Employee Benefits ➢ Leave Policies
  28. 28. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe BEST PRACTICES-HIRING
  29. 29. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe BEST PRACTICES – HUMAN RESOURCES MANAGEMENT
  30. 30. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe BEST PRACTICES - TERMINATIONS FIRING LAYOFFS RESIGNATION ✓Follow policy ✓Include observer ✓Use termination letter ✓Be respectful ✓COBRA ✓ Plan communication ✓ Notification meeting ✓ Individual discussions ✓ WARN Act ✓ Confirm in writing ✓ Notification to coworkers / customers ✓ Review employment agreement
  31. 31. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe ABOUT THE FACULTY 3 1
  32. 32. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe JACK O'CONNOR – joconnor@sfgh.com Jack O’Connor is an associate in the Bankruptcy, Reorganization and Creditors’ Rights practice group. Jack’s practice focuses on the representation of corporate clients in complex reorganization proceedings across the country, including unsecured creditors’ committees, debtors, and chapter 11 liquidation trusts. Jack is skilled in negotiating complex business transactions in chapter 11 proceedings as well as structuring non-bankruptcy workouts in a historically weak credit market. In 2011, Jack successfully steered his first chapter 11 plan of reorganization to confirmation before the United States Bankruptcy Court for the Northern District of Illinois in In re Mangia Mangia, Inc. Jack is committed to finding creative and practical solutions for his clients, and works to provide them with the highest level of legal service. In addition to his experience as a restructuring and insolvency professional, Jack has worked on appellate matters in state and federal courts. For more, please click here. 3 2
  33. 33. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe JASON KLIMPL– Klimpl@thsh.com Jason B. Klimpl is a partner in the Employment Law Group of Tannenbaum Helpern Syracuse & Hirschtritt LLP. In this capacity, he advises clients on a broad range of employment law matters, such as wage and hour compliance; healthcare; equal opportunity actions and policies; employment agreements and restrictive covenants; independent contractor and consulting issues, reductions in force; technology and privacy concerns; and other human resources counseling. Jason is also the Associate General Counsel of the New York Staffing Association, and is heavily involved in legal and legislative efforts to support the staffing industry. Jason has written numerous employment law articles and is a contributing faculty member of both Lawline and the National Academy of Continuing Legal Education. Jason is also a member of the Manhattan Chamber of Commerce’s Speakers Bureau and Help Desk. -Follow Jason on Twitter: @HR_Attorney 3 3
  34. 34. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe RUTH RAULS– ruth.rauls@saul.com Ruth concentrates her practice on complex commercial litigation, employment litigation, real estate litigation and litigation involving closely-held corporations. She has extensive experience litigating matters at the trial and appellate levels in state and federal court in New Jersey and New York, as well as in private mediations and arbitrations. She has litigated claims arising under the New Jersey Consumer Fraud Act, the New Jersey Law Against Discrimination, and various other federal and state statutory and common law causes of action. To read more about Ruth, please visit: https://www.saul.com/attorneys/ruth-rauls 3 4
  35. 35. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe STU SKLAR – ssklar@otsholdings.com Stu Sklar graduated from Rutgers College and University of Pennsylvania Law School. He has been practicing law for nearly 25 years. After his initial training with two of the largest law firms in the nation, he has been in house for the past 21 years, primarily in the staffing and professional services industries. As a corporate generalist, he has handled a wide variety of legal matters for his smaller to midsize clients including a significant focus on employment matters, commercial transactions, compliance and dispute resolution. He regularly advises on all aspects of the employment relationship including recruiting practices, employment agreements, employee relations, terminations and post-employment restrictive covenants. He lives and works in Cherry Hill, NJ, just outside of Philadelphia. 3 5
  36. 36. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe EUGENE GORYUNOV – egoryunov@gmail.com Mr. Goryunov is an experienced trial lawyer that represents clients in complex patent matters involving many diverse technologies. He is deeply involved, as trial counsel, in all aspects of cases pending in Federal courts, at the U.S. International Trade Commission involving Section 337 investigations, and in appeals at the U.S. Court of Appeals for the Federal Circuit. He also regularly serves as first-chair trial counsel in post- grant review trials, on behalf of both Petitioners and Patent Owners, pending at the U.S. Patent & Trademark Office. To date, he has been involved in over one-hundred post-grant review trials. Mr. Goryunov is a regular contributor to intellectual property publications, including the Intellectual Property Magazine, The Patent Lawyer, and the IPO Law Journal. To date, he has published more than sixty articles, many of which discuss post-grant review trial practice. Mr. Goryunov also speaks about diverse issues of patent law and post-grant review trial practice. He also teaches patent law and intellectual property litigation at the Columbia University and previously at the University of Notre Dame. 3 6
  37. 37. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe QUESTIONS OR COMMENTS? If you have any questions about this webinar that you did not get to ask during the live premiere, or if you are watching this webinar On Demand, please do not hesitate to email us at info@financialpoise.com with any questions or comments you may have. Please include the name of the webinar in your email and we will do our best to provide a timely response. IMPORTANT NOTE: The material in this presentation is for general educational purposes only. It has been prepared primarily for attorneys and accountants for use in the pursuit of their continuing legal education and continuing professional education. 3 7
  38. 38. Copyright © 2019 by DailyDAC, LLC d/b/a Financial Poise Webinars™ Receive our free weekly newsletter at www.financialpoise.com/subscribe ABOUT FINANCIAL POISE DailyDAC LLC, d/b/a Financial Poise™ provides continuing education to attorneys, accountants, business owners and executives, and investors. Its websites, webinars, and books provide Plain English, entertaining, explanations about legal, financial, and other subjects of interest to these audiences. Visit us at www.financialpoise.com. 3 8 Our free weekly newsletter, Financial Poise Weekly, updates you on new articles published on our Website and Upcoming Webinars you may be interested in. To join our email list, send an email to info@financialpoise.com with “Subscribe to email list” in the subject line. Or add yourself by going to: https://www.financialpoise.com/newsletter/ Email addresses are never sold to or shared with third parties.

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