Due to COVID-19, NELI will be altering the format of this year’s Public Sector EEO and Employment Law Update to be a LIVE WEBINAR Conference. The program will be presented over 3 days, with 3.5 hours of instruction per day.
NOTE: NELI has reduced the price of the program because we are able to offer in webinar format.
You may participate "live" and/or watch the recording at your convenience.
The program will feature our renowned faculty and our comprehensive materials.
Faculty includes: David Fram (Program Chair), Dennis Duffy, Megan Norris and others TBA.
All program participants will receive a PDF copy of our updated Public Sector EEO and Employment Law Update Manual
The agenda will be finalized soon. Please check back with us for complete details.
WEDNESDAY, AUGUST 26: 11:30 am - 3:15 pm (Eastern)
11:30 am - 1:30 pm - Developments in EEO Law and the most pressing concerns raised by COVID-19 Issues
Update of Supreme Court cases, and the most significant appellate court cases and their application and implications for employment practices in key substantive and procedural areas, including race, sex, color, religion, national origin, gender and pregnancy discrimination, the ADEA, damages, and injunctive relief, highlighting those relevant to the Public Sector.
1:30 - 1:45 pm - BREAK 1:45 - 3:15 pm - Retaliation and Whistleblowing, including many new circumstances due to COVID-19
Coverage of the continued surge in these claims, including “protected activity,” expanded concept of “adverse action,” negating the inference of “causation,” third party retaliation, retaliatory harassment, and “unreasonable opposition.” We will also discuss whistleblower claims, including expanded rights and remedies of the would-be whistleblower, and best practices to help avoid and/or minimize liability, especially now.
THURSDAY, AUGUST 27: 11:30 am - 3:15 pm (Eastern)
11:30 am - 1:15 pm - Wage and Hour & Misclassification Issues in the COVID-19 era
Recent DOL initiatives and regulations, new developments involving contingent workers and other non-covered workers, exemption and misclassification decisions, calculation issues, rounding and auto-deductions, remote working, and compensable time in our increasingly technology-centered workplace, especially in the COVID-19 era. Joint employer theories and cases and actual or constructive knowledge of time worked required to prove a claim will also be covered.
1:15 - 1:30 pm - BREAK 1:30 - 3:15 pm - Harassment and Internal Investigations - Dennis P. Duffy - Kane Russell Coleman Logan PC
Update on judicial and EEOC developments including what constitutes severe and pervasive conduct, same sex harassment, when and how to establish an affirmative defense, and actions employers should implement to reduce exposure to liability, including preventative strategies, beyond basic harassment training and updating policies, to diagnose and proactively manage workplace culture issues, promote an environment that values respect, and fosters open communication important to creating a culture of compliance and mutual respect. Also, the additional legal requirements in harassment investigations, including selecting the right investigator, defining the scope, distinguishing between fact finding and findings of policy and law, balancing confidentiality and the duty to investigate, ensuring prompt thorough investigations, establishing and preserving privilege, investigating misconduct with criminal implications and/or in the absence of a cooperative complainant, and the COVID-19 implications on internal investigations including the unique challenge of “remote” investigations.
FRIDAY, AUGUST 28: 11:30 am - 3:15 pm (Eastern)
11:30 am - 1:15 pm - “Reasonable Accommodation” Under the ADA & Rehabilitation Act: Fast-Breaking Developments Including COVID-19 Issues - David K. Fram - NELI
Latest developments on practical reasonable accommodation issues, including when the issue arises in the COVID-19 context and the importance of training first-line supervisors on what to listen for as possible triggers to the interactive process, what supervisors and HR personnel should be trained to say and document in response to employee requests, important changes on the definition of "reasonable," particular accommodation questions, such as work-at-home because of COVID-19 concerns, whether/how much “leave” (including a repeated leave extension) is required, how this interplays with the FMLA, whether reduced workloads, non-competitive reassignment, an “irritant-free” environment, shift changes, supervisor changes, or reserved parking spaces are required, whether discipline must be rescinded as an accommodation, and where the funds for accommodations should come from.
1:15 - 1:30 pm - BREAK 1:30 - 3:15 pm - FMLA Compliance and Best Practices, including FFCRA Coverage and other new issues related to COVID-19 - Megan P. Norris - Miller, Canfield, Paddock & Stone, P.L.C
New DOL opinion letters and OPM guidance, new developments concerning COVID-19, including the overlap between Families First legislation and the FMLA and the coordination of paid and FMLA leave, handling requests to work without medical clearance and requests to stay home without medical justification, issues when leave is to care for a family member, practical issues regarding the effect of leave on the measurement of performance goals, the relationship between working from home and approved leave, training supervisors on what not to say, how to use notice requirements and re-certifications to combat intermittent leave abuse, how to handle an employee who states their “return to work” date is unknown, and what to do when you suspect fraudulent use of leave.
This program will provide between 10.5-12.5 CLE/CEU hours, depending upon the jurisdiction. NELI is an approved provider of HRCI and SHRM for recertification credit.
REGISTRATION FEE SCHEDULE:
Registrations received before July 31
Early Government Registration Fee: $695.00 - Early Non-Government Registration Fee: $745.00
Registrations received after July 31
Government Registration Fee: $795.00 - Non-Government Registration Fee: $845.00
HOW DO WEBINARS WORK?
Webinars are convenient. You participate in the entire conference from your office or home using your computer and your log-in information. This Webinar will feature video and be interactive with an opportunity to submit questions throughout the program.
HOW WILL WE RECEIVE THE LOG-IN INFORMATION?
You will receive an email from us with log-in instructions. If you do not receive the email within one (1) day of the Webinar, Please contact NELI
CLE AND OTHER CONTINUING EDUCATION CREDIT
NELI's programs are routinely approved for credit in all jurisdictions with such requirements and we expect this program to receive full accreditation provided that the jurisdiction approves webinars. This webinar will provide between 10.5-12.5 hours of MCLE credit depending upon the jurisdiction. Registrants may be required to file for credit on their own behalf in some jurisdictions. We will provide all necessary forms and proof of attendance. NELI is an approved provider of HRCI and SHRM for recertification credit. Credit will be given to registered participants only. Please contact NELI for more information.