Monthly SHRM Meeting Agenda:

Monday, March 16th 2009

Legal Update:  Key Employment Law Issues from 2008-09

Monday, March 16, 2009
8:00 A.M. – 12:00 P.M
Chunky’s Cinema & Pub
371 Lowell Avenue, Haverhill, MA

8:00-8:30 A.M.  Registration/Check-in/Networking
8:30–9:00 A.M.  Hot Breakfast Buffet
9:00 A.M. – 12:00 NOON Program

3 Certification Hours Requested/Application Pending

$50.00 for GMVHRA Chapter members
$50.00 for members affiliated with another NH Chapter
$75.00 for non-members
10% discount for two or more members from one organization

— MODERATOR —
Julie A. Moore, Esq., President, Employment Practices Group
Chair, Programming Committee

-- SPEAKERS --
Jeffrey A. Dretler, Esq., Prince, Lobel, Glovsky & Tye
Joseph L. Edwards, Jr., Esq., Prince, Lobel, Glovsky & Tye
Julie A. Moore, Esq., President, Employment Practices Group

Directions:  Chunky's is located in Westgate Plaza. Take Route 495 to exit 49. If heading North on 495, turn right at the end of the ramp, left at first light, 1/4 mile down road on left-hand side. If heading South on 495, turn left at the end of the ramp, left at first light, 1/4 mile down road on left-hand side.  (978) 374-2255

 

THIS HALF DAY PROGRAM will address recent passage of employment laws and court decisions that affect Massachusetts and New Hampshire employers.  It will also consider the impact of such legislation and case law on the workplace and talk about best practices and policies to implement as a result of legal changes. 

In today’s business environment, human resources professionals need to keep abreast of the latest developments, as they directly affect employer-employee relations and legal liability.  This session will cover the new Massachusetts statute regarding treble damages for wage and hour violations, new FMLA regulations, new EEOC Compliance Manual on religious discrimination and accommodation, new EEOC Guidance on caregiver responsibilities and family balance, court decisions on unlawful harassment and the need to take proper corrective and remedial action, and reductions in force.

• Avoiding Treble Damages for Violating the Wage and Hour Laws of the Commonwealth

 

The session will cover a discussion of anticipated results of the new law, which include an increased number of wage claims (along with discrimination claims – a weapon of choice for disgruntled employees), increased number of class/collective action lawsuits, and fewer settlements.  Consequences of violations include treble damages, attorney’s fees, litigation costs and expenses, civil penalties, and criminal penalties.  Discussion will include the overtime statute (G.L. 151 § 1A), minimum fair wage statute (G.L. 151 § 1), independent contractor statute (G.L. 149 § 148B), and tip pooling statute (G.L. 149 § 152A).

• Avoiding Pitfalls When Implementing New FMLA Regulations

 

New Family and Medical Leave Act (FMLA) regulations provide new military family leave entitlements and are intended to improve communication between employees, employers, and health care providers and provide clarity for both workers and employers about their responsibilities and rights under the FMLA leave.  This presentation will cover military caregiver leave (also known as covered service member leave), qualifying exigency leave, the Ragsdale decision/penalties, light duty, waiver of rights, serious health conditions, new forms, and more.

• Religious Discrimination and Accommodation:  Latest Developments

In July 2008, the EEOC also published a new compliance manual section about religious discrimination, including accommodation and harassment issues.  This publication seeks to provide guidance on the balance between employees’ rights of religious expression with employers’ need to maintain efficient and productive workplaces.  Issues covered include the EEOC’s definition of “religion” under Title VII, what constitutes disparate treatment based on religion, the reasonable accommodation requirement, religious-based harassment, and retaliation.  The Massachusetts Supreme Judicial Court’s December 2008 decision in Bobby T. Brown v. F.L. Roberts & Co., Inc., about religious beliefs and an employer’s dress code and grooming policy will be discussed as well.

• Family Responsibility Discrimination:  New Guidance

 

Also in 2008, the EEOC issued guidance on best practices on achieving work/family balance and how the federal laws affect employees with caregiving responsibilities.  How the EEOC views best practices on achieving work/family balance as “emerging discrimination in the 21st century workplace” and how the federal EEO laws apply to employees who balance work and family obligations will be explored.  Also discussed will be the EEOC’s view of stereotyping and disparate treatment and how that may be violative of discrimination laws based on a worker’s association with an individual with a disability.

• Sexual and Unlawful Harassment and Investigations

 

The two cases of Allison Forrest v. Brinker Int. Payroll d/b/a Chili’s Bar and Restaurant and Thomas O’Connor Constructors Inc. v. MCAD involving workplace harassment and the internal investigations that followed will be analyzed.  In Forest, the United States Court of Appeals for the First Circuit found in the employer’s favor in a hostile environment sexual harassment  case because Chili’s acted promptly and appropriately by investigating an employee’s complaint.  Chili’s had a comprehensive anti-harassment policy and had trained all employees on harassment prevention.  Chili’s took remedial action against the harasser by imposing disciplinary action and ultimately terminating him due to his misconduct.  In O’Connor, the Massachusetts Appeals Court concluded that the employer was liable for tolerating the hostile work environment created by a job site superintendent when it had notice of the issue yet failed to remedy or take sufficient corrective action.  Best practices, policy development, and internal investigations will be discussed.

• Layoffs:  How to Comply with Best Practices

 

In today’s tough economic times, layoffs are an unfortunate part of corporate decision-making.  But employers must be mindful of how to properly reduce their workforce without unnecessarily exposing it to claims of disparate treatment, disparate impact, or retaliatory practices.  A discussion will take place concerning best practices on identifying workers/practices areas to eliminate and how to implement the decision in a fair and non-discriminatory manner.

 

Speaker Information:

Jeffrey A. Dretler is a partner in Prince, Lobel, Glovsky & Tye’s Employment Law and Litigation Practice Groups. Jeff represents employers and executive-level employees in a range of matters including discrimination, harassment, wrongful termination, defamation, and wage and hour claims. He regularly appears in both state and federal courts and administrative agencies.  Jeff also counsels employers on the independent contractor law, FMLA and other leave issues, and drafts non-compete agreements, non-disclosure agreements, severance agreements and personnel manuals.  Jeff’s clients span a broad range of industries with a particular focus on healthcare and media.  Jeff recently won a case in the Massachusetts Court of Appeals on behalf of one of the Commonwealth’s largest teaching hospitals, defeating age and national origin discrimination claims made against it by one of its employees.  Prior to joining Prince Lobel, Jeff practiced litigation at Mintz, Levin, Cohn, Ferris, Glovsky & Popeo.  He also served as an assistant district attorney with the Suffolk County District Attorney’s Office and as a law clerk to the Honorable William G. Young of the U.S. District Court for the District of Massachusetts.  Jeff is an active member of the Anti-Defamation League’s New England Regional Board of Directors and recently served on the board of the Human Resources Council. 

Joseph L. Edwards, Jr. is a senior associate in Prince, Lobel, Glovsky & Tye’s Employment Law and Litigation Practice Groups. Joe represents employers and employees in state and federal courts, as well as administrative agencies, in a full range of employment matters, including sex, race and handicap discrimination claims; employment contracts; severance issues; and non-compete agreements. Joe also conducts sexual harassment training sessions for the managers and employees of the firm’s clients, as well as for non-clients. In addition, he represents clients in domestic relations and commercial litigation.  Prior to joining Prince Lobel, Joe served as a staff attorney at the Massachusetts Commission Against Discrimination, where he litigated the claims of pro se complaints at public hearings, represented the MCAD in the trial and appellate courts of the Commonwealth, and served as the legal advisor to the commission’s housing unit. Prior to going to the MCAD Joe was a litigation associate at Womble Carlyle, Sandridge & Rice, a major North Carolina firm, where he represented Fortune 100 clients in complex product liability and personal injury cases. Immediately after law school, Joe was selected to serve as a law clerk to the justices of the Massachusetts Superior Court. 

Julie A. Moore is president and founder of Employment Practices Group.  She is an attorney who is admitted to practice law in the State of New Hampshire and Commonwealth of Massachusetts.  She has practiced for seventeen (17) years and is a frequent author, lecturer, counselor, and trainer on workplace issues.  She founded Employment Practices Group in 1998 to focus on risk-management strategies for employers.  She consults and advises on employment law issues; conducts investigations into alleged harassment and misconduct; drafts policies, procedures and handbooks; defends employers and management representatives before state and federal administrative agencies; represents individuals in certain workplace situations; and otherwise assists and counsels employers on harassment, discrimination, ADA, FMLA, diversity and other workplace issues.  She is a member of the New Hampshire, Massachusetts and American Bar Associations, the National Human Resources Associations, the Merrimack Valley Human Resources Association, and the Society for Human Resources Management.  She can be reached at jmoore@employmentpg.com.  For more information about her practice, please visit www.employmentpg.com.

 

Session Format:

8:00-8:30 Registration
8:30-9:00 Welcome to New members and guests; Networking
9:00-9:10 Sponsor
9:10-10:15 Program
10:15-10:30 SHRM/GMVHRA business

 

Our Sponsor for this event is:

  
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