The 2010-11 Legislative & Case Law Update

This Briefing will include a review of the legislation signed into law at the federal and state level, which will impact California employers in 2011. The legislative briefing will also include: what employers may expect as part of the Jerry Brown agenda; this will include a historical review of incoming Governor Brown's as verse Governor Schwarzenegger's veto record when it comes to pro-employee legislation. The new legislation at the California level will include a review of California's first mandated paid leave requirement, the new law that changes meal period requirements for certain industries, the new workers' compensation posting requirements related to injuries caused at work and more. The federal review will include the new Patient Protection And Affordable Care Act (PPACA), the status of the Obama employment agenda and other legislative developments that all employers should be aware of during 2011, the DOL guidance regarding expanding the FMLA definition of a son/daughter for the purposes of child-related leaves and more.

5 Things Employers Should Do In 2011: This is a new component for the Briefing and will focus on trends and issues in employment law that have arisen in 2010, and how employers should respond to these trends in their day-to-day operations. The focus will be on what can employers do in anticipation of problems, and what practical steps can be taken to avoid problems in these areas.

The Briefing will include a review of the most relevant California and Federal case law highlighting the most significant 2010 federal and state court decisions impacting employers in the areas of wage and hour, leaves of absence, disability, discrimination, retaliation, wrongful discharge and other areas of employment law.

A partial list of the topics to be covered includes:

Wage and Hour: An update of the current status of California rest and meal period issues in light of the still pending California Supreme Court's review of the Brinker and Brinkley decisions. A look at the future of wage and hour class actions and a review of five wage and hour issues where class actions may be a risk that employers need to be aware of and may need to audit within their current operations. Review of recent California Labor Commissioner guidance regarding exempt employees' vacation being docked for partial days absences; and an overview of other recent wage and hour issues and recent DOL and DLSE guidance will be addressed as a part of this update.

Immigration Enforcement in the Obama Administration: What has the Obama administration, through the DHS and DOL, said employers should do if a question arises regarding an applicant or employee's authorization to work? How has the DHS' focus on "employers" and I-9 compliance played out in 2010, and how should employers respond? Attendees will be provided with tools to use in checking their own I-9 compliance issues.

Sexual Harassment, Discrimination, and Retaliation: Review of recent decisions that should be addressed in your AB 1825 supervisor harassment training. Remember, the next deadline is December 31, 2011. This review includes the DFEH decision that found even though an employer had committed no act of harassment, discrimination, or retaliation, the employer was still liable for the failure to take all reasonable steps to prevent harassment and discrimination. The impact of the California Supreme Court decision limiting the "stray remarks" doctrine in the context of harassment cases and much more.

Other Subject Areas Will Include, But Are Not Limited To: Wrongful discharge developments in the area of the use of arbitration in the workplace; Privacy & confidentiality – the impact of the U.S. Supreme Court decision in Quon v. City of Ontario and possible needs to update your social networking policy; Disability discrimination related developments. There will be plenty of issues to discuss based on the numerous important case law developments during 2010.

Suggested Employee Handbook Updates: A part of this session will include practical advice regarding the impact of various regulations and decisions on the updating of your current employee handbook policies.

PDFs of Recent Guidance: There will be an opportunity for those who attend to request various documents to be emailed to them. This will include information on numerous issues including the PPACA, immigration related issues, new pregnancy leave regulations before the FEHC, the DOL guidance regarding expanding the FMLA definition of a son/daughter for the purposes of child-related leaves, the NLRB position regarding the "protected" status of postings on Facebook, and many others.

ALL REGISTRATION WILL BE DONE ONLINE ONLY. Do not delay. Seating is limited. If you are interested in attending this session, please register early. Last year a number of potential attendees had to be turned away due to space restrictions. Payment for this program is by Credit Card only.

Continental Breakfast: 8:30 am - 9:00 am
Presentation & Q&A Session: 9:00 am - 12:00 pm

Program cost is $95.00. A full refund will be given if the cancellation is made 7 days prior to the event only. Due to limited space availability, prepayment is required to reserve your seat. Payment for this program is by Credit Card only.

For more information, please contact Nanci Berry at 559.244.7500 or 805.934.5770 or 888.851.1160 or nberry@littler.com.