Please join us for BakerHostetler’s 10th Annual Master Class. This virtual series will offer all new high-level sessions, hitting specific and practical headline issues that will be affecting employers of all sizes in all industries.
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Master Class Schedule
See below for session descriptions or click here to view the 2023 Master Class brochure.
CLE credit is approved for CA, DE, FL, GA, KS, NJ, NY, PA, TN and TX. Pending in CO, IL, OH, VA and WA. HRCI and SHRM credits are also available.
February 7, 2023: The New Employment Laws: Out with the Old and In with the Unknown
Every year, employers must navigate an avalanche of new laws implemented on the federal, state and local levels. The year 2023 will be no exception, with hundreds of new laws taking effect throughout the country pertaining to a broad range of topics, including, for example, pay transparency, bereavement leave and workplace drug testing. This valuable session will help employers focus on the most important new laws that apply to their businesses in order to ensure that they are in compliance before an enforcement action or litigation begins.
February 14, 2023: Remote Work in Transition: Trends and Compliance Considerations
For some organizations, remote work – hybrid or otherwise – is here to stay, while in others, we are seeing a shift away from remote work back to a more traditional in-office environment. Either scenario requires careful consideration of a number of laws. For example, does your organization need to register to do business in a state with only two fully remote employees? What employment laws do you need to be aware of with remote work arrangements? Consider meal and rest break laws, overtime laws, paid family leave laws, paid sick leave laws, wage payment laws and more. What are the tax implications of employing a fully remote worker versus a hybrid remote worker? Are there things to keep in mind when requesting or requiring that employees return to the office on a more frequent or permanent basis? Will accommodations need to be made? This session will cover these issues and more as the landscape of work continues to change.
February 21, 2023: The New Union Organizing Model: The Force of Gen Z
At the beginning of 2022, a host of creative union-organizing campaigns erupted out of the remnants of the COVID-19 pandemic, labor shortages, supply chain problems and political activism. A significant shift in union representation was exhibited by a 24-year-old Rhodes scholar who got a job as a barista in Buffalo, New York, which has led to over 300 union campaigns. Another was started by a warehouse worker complaining about safety conditions on Staten Island, New York, who started a homegrown union to organize the largest online retailer in America. These efforts and others like them across the nation have changed the paradigm for union organizing in 2023, which now can target every employer across the nation. These are “value driven” campaigns, not merely focused on wages and hours. They arise in micro units and are supported by GoFundMe accounts, are geographically agnostic, and are rooted in respect, dignity and social justice. It is this new era for union organizing that we will explore in this session.
February 28, 2023: Debriefing the Dobbs Decision: Unpacking What Employers Face in the Aftermath of the Overturning of Roe v. Wade
Although it did not deal directly with any state or federal employment laws, the 2022 recent Supreme Court decision overturning Roe v. Wade raises a number of legal questions for every employer as states remain divided on the legality of abortion and companies look for guidance on what types of benefits, accommodations and support they can legally provide their employees. From Employee Retirement Income Security Act preemption issues, Family and Medical Leave Act implications, Title VII religious discrimination allegations and National Labor Relations Board-protected activities to state and local whistleblower, discrimination and criminal statutes, the Dobbs decision has impacted and will continue to impact nearly all areas of employment law. This session will feature a panel of white collar defense, employment, employee benefits and privacy professionals who will address the difficult issues employers now face in the wake of the Dobbs decision.
March 7, 2023: Contingent Workforce Update: The Gamemakers Are At It Again
In The Hunger Games, Seneca Crane and Plutarch Heavensbee make up the rules for the games as they go along. The players never quite know what they’re getting into. While companies in the contingent workforce space don’t face literal death upon a misclassification or joint employment finding, the ramifications can be pretty harsh. Taking their cue from the gamemakers, the Department of Labor and the National Labor Relations Board keep changing the rules of the game. The states are updating their tests too. Learn what’s changing in 2023, and may the odds be ever in your favor.
March 14, 2023: Workplace Privacy: The Ever-Increasing Risks of Breaches and Maintaining Data and Information
Workplaces and organizations are facing increasing demands to monitor time spent by workers at home and to investigate and remedy security breaches. Technology presents solutions for business demands but must be balanced by an increased concern with impinging on privacy rights. The National Labor Relations Board has recently targeted GPS tracking, video surveillance, key loggers, automated managing software and artificial intelligence as potentially interfering with all employees’ concerted activity rights under the National Labor Relations Act. There is an increasing trend toward empowering employees with ownership rights concerning their own data, and the risks to employers are not hypothetical. In the first verdict finding violations of employees’ biometric privacy rights, a class of employees was awarded over $228 million. The California Privacy Rights Act (CPRA) now applies to employees, job applicants and business-to-business contacts. Join us for a practical discussion of the quickly evolving workplace privacy requirements and best practices.
March 21, 2023: Back to the Future Part II: The NLRB and the Uncertain State of Labor Law
With the National Labor Relations Board’s continued dismantling of the prior administration’s decisions and the aggressive initiatives of its current general counsel, we are seeing the Board accelerate its efforts to create a more pro-employee and union-friendly legal environment. In this session, we will address recent developments at the Board and what employers can expect to see in 2023 and beyond.
March 28, 2023: Take the Target Off Your Back: Avoiding Common Wage and Hour Practices That May Lead to Litigation
Wage and hour class and collective actions continue unabated, with multiple plaintiff firms across the country bringing such actions on a frequent basis. As employers have improved their own wage and hour practices, plaintiffs have increasingly focused on even more technical claims and state law claims and on trying to expand employers’ overtime obligations in general. This program will present a practical view of wage and hour litigation and discuss in particular the current most popular targets for wage and hour litigation, including claims for the donning and doffing of routine personal protective equipment, meal periods (both paid and unpaid), tip credit issues, and regular rate issues based on shift differentials and bonuses. The presenters will discuss steps employers can take to minimize the risk that such claims will be brought against them.
April 4, 2023: Federal Agencies Are Talking About You – and You Can’t Just Ignore It Anymore
Federal agencies are actively taking steps to establish a “collaborative relationship” among themselves to “maximize” the enforcement of federal law. This includes referring employees to other federal (and sometimes state) agencies and sharing information and documents provided by employers during their respective investigations. This session will provide insight into what federal agencies are sharing about employee complaints and identify the best practices for employers to protect themselves.
April 11, 2023: Unique Issues in Workplace Investigations: Not Your Typical ‘How To’
High-profile workplace investigations are increasingly a part of the 24-hour news cycle. Employees are generally aware that an investigation should occur after they report a concern. This session will cover issues beyond the scope of a typical workplace investigation. For example, in what circumstances might you choose not to interview an employee accused of misconduct? How should concerns about retaliation affect your process? Are there special considerations when a complaint alleges wrongdoing reported by a third party? This discussion will address how to handle employee requests for representation by a union and how the remote workplace impacts investigatory techniques.
Should you have any questions or prefer to register by email, please contact Emily Hillman at MasterClass@bakerlaw.com.
We look forward to having you join us for this premier event.