Employment and Labor

 Members of K & L Gates California Labor, Employment, and Workplace Safety team will host a discussion on new employment laws for 2022, return-to-office, and vaccine mandates.

We strive to create a workplace where everyone feels safe bringing their “entire authentic self” to work. Sounds great, in theory. In application, however, this approach inevitably leads to tension within the workplace. The tension might arise from vaccine mandates, social media content, message board chats, watercooler talk, or other topics about which people tend to have strongly held positions and beliefs. How do we handle these uncomfortable conversations and the very real risks, legal and otherwise, that arise from them? How do we address the growing tensions in the workplace? Should we try to create a place or forum in the workplace where workers can feel safe expressing their personal views on important social topics?

For this roundtable discussion, we asked our participants three questions:
1. Can you share a personal experience about an uncomfortable conversation involving tension in the workplace?
2. Do you have a practical suggestion or tip addressing this increasingly common circumstance?
3. What challenging question would you like the roundtable to discuss?

WARNING: This program, like the topics your employees regularly discuss, may make you uncomfortable. Our participants do not all agree on every challenging topic of the day. And you, most likely, will not agree with everything our participants say. Prepare to be uncomfortable. And prepare to learn from the discomfort.

PA CLE and HRCI/SHRM credits are available for this program.

California employers often wish they could waive a magic wand that makes compliance with California laws easy. Unfortunately, “abracadabra” won’t make your company’s legal challenges go away, but in this CLE, Hunton Andrews Kurth will offer up some tips for navigating California’s rigorous regulations.  Join us as we discuss recent developments in cybersecurity, employment, and environmental law.  Topics will include: (i) the recently enacted California Consumer Privacy Act (CCPA) potentially impacting companies’ digital platforms, (ii) the ever changing COVID-19-related challenges for employers, and (iii) the latest in Proposition 65 and environmental regulations for manufacturers and distributors. Just as California’s regulations may be haunting companies and appearing out of thin air, so too will our magician, David Harris, who will provide a virtual magical interlude during the program.

David is one of the nation’s most sought-after corporate magicians. For
almost two decades, he has entertained audiences for clients that include Fortune
100 and 500 companies. Come experience the magic live! He’ll keep you relaxed
and laughing all the way

A RoundTable is a casual forum for ACC NEO members to collaborate with each other regarding typical in-house concerns—with a dash of perspective from outside counsel.

TOPIC
Our proposed discussion topic is on President Biden's COVID-19 vaccine mandate, but it’s up to the participants to direct where the conversation goes from there.

The Illinois legislature and the Governor have been prolific in 2021 in enacting new laws regulating Illinois workplaces.  In one hour, we cannot cover all of the new employment-related laws but instead will focus on five that in-house counsel really need to know about to advise their internal clients.

Please join Taft employment attorneys Evan Priestle and Ivy Charneski for an update on new and ongoing developments including: emerging legal issues surrounding mandatory COVID-19 vaccination and mask policies, workplace atmosphere and culture in a post-pandemic, post-vaccine workplace, the legal issues that arise with maintaining a remote workforce, FMLA, ADA, and Safety in the Workplace, and Labor Law Updates for Non-Union Employers.

A complimentary happy hour will immediately follow the program. 

AGENDA:

• 8:30 a.m. to 9:30 a.m. – Session I (Stevens & Lee)

• 9:30 a.m. to 10:00 a.m. – BREAK

• 10:00 a.m. to 11:00 a.m.  – Session II (Greenberg Traurig, LLP)

• 11:00 a.m. to 11:30 a.m. – BREAK

• 11:30 a.m. to 12:30 p.m. – Session III (Jackson Lewis P.C.)

Session I – NEW TOPIC! – What Every Employer Should Know About the President's Employee Vaccine / Testing Mandate

On September 9, 2021, President Joe Biden announced a sweeping, six-pronged COVID-19 Action Plan that includes an employee vaccine mandate that will significantly impact many private employers.  Under the proposed regulation, which will be enforced by the Occupational Safety and Health Administration (OSHA), covered employers whose employees refuse to get vaccinated will need to require proof of a negative COVID test each week.  Covered employers must also provide paid leave to employees who receive vaccines or are recovering from the side effects of a vaccine.  This panel will address the likely implications of the law and what employers can do to prepare, along with steps in-house legal teams can take to comply with other OSHA standards in the age of COVID-19.

Session II – Fairy Godmother to Ebenezer Scrooge: Approaches on Addressing Nuances of Leaves and Accommodation Laws

From COVID-caused complications to expanding definitions of family, employee leave requests continue to take on newer, more complex contours.  This panel will explore such issues through the lens of federal, Pennsylvania, New Jersey, and Delaware laws, providing informed legal and real-world perspectives on this ever evolving space.  Covering the intersection of the Family Medical Leave Act, Americans with Disabilities Act, state-level leave of absence laws, and other accommodations requests and regulations, panelists will parse what is reasonable as well as what is required.

Session III – Advanced Investigation Techniques and Best Practices to Avoid Employment Litigation

In this session expert panelists will explore such issues as:

• The Speak Out Evolution: From Working Women to #TimesUp;
• Discrimination and Harassment in the Workplace: Definitions of Sexual Harassment; and Discrimination Based on Sexual Orientation, Gender Identity and Race;
• The Importance of Investigations: Help the Workplace Identify and Resolve Internal Problems Before They Become Widespread;
• Conducting Investigations: Having a Plan, and the Dos and Don’ts of Interviewing;
• Investigation Issues: Employer Obligations regarding Privacy and Confidentiality; and
• The Law of Training: Supreme Court Guidelines

Click on the registration button to RSVP for this event.  Use the Zoom credentials below to join in the webinar.

https://accinhouse.zoom.us/j/95413481069?pwd=NTV6ZkVFeUwxcWNpMjBvY2Jtb3pOUT09

Passcode: 980063

To register for this event as a member, please click here.

To register for this event as a non-member, please click here.

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We all know that many organizations had to switch to a work-from-home structure during the pandemic. As restrictions eased over the summer and a COVID-19 fourth wave began, many employers are still weighing whether to return employees to the workplace, continue the work-from-home arrangement on a permanent basis or find a middle ground.

Join Susan McCorquodale, Senior Counsel at Canada Life and Blakes Employment & Labour lawyers Laura Blumenfeld and Holly Reid as we discuss important considerations related to remote working versus returning to the workplace.

Topics will include:

• Health and safety considerations and the duty to accommodate
• Managing employees and ensuring productivity
• Privacy and data protection
• Vaccination requirements
• Other changing issues affecting employees

This program contains 15 minutes of Professionalism content and 1 hour of Substantive content.

This event is open and free of charge only to in-house counsel who are practicing lawyers and are current members of a provincial law society; however, you must RSVP to attend. Please RSVP by no later than Tuesday, September 21, 2021.

ACC Ontario reserves the right to review all registrations for eligibility. In-house counsel must be ACC members or meet ACC membership eligibility. Please click here for further details.

Note: All instructions and information on how to access the webinar will be sent by email in advance of the program.

Questions? Please email us.