2013-14 Legislative & Case Law Update

We have reached maximum seating capacity for this event. Please email Nanci Berry if you would like to be placed on a waiting list.

Presented by Gary W. Bethel

Continental Breakfast: 7:30 am
Presentation and Q&A Session: 8:30 am – 11:30 am or longer as needed

Location: 
The Santa Maria Inn 
801 South Broadway 
Santa Maria, CA

*Program Cost: $97.50

Program Description:
This Briefing will include a review of the avalanche of new legislation signed into law at the state and federal level, which will impact California employers in 2014. Continuing the trend from 2011-12, Governor Brown has created many new potential pitfalls for employers effective Jan. 1, 2014. The review of new California legislation will include: California’s minimum wage will increase from $8 to $9 an hour effective July 1, 2014, and to $10 an hour effective January 1, 2016, and the impact on California’s overtime exempt status criteria and other wage and hour issues will be addressed;  the new rights of applicants and employees who are undocumented residents, including protections from retaliation and "unfair immigration-related practices," and the new penalties that were created for enforcement of these new rights; new leave rights that must be provided for court appearances for some employees who are victims of a crime; the new changes under the Fair Employment and Housing Act (FEHA), related to what constitutes actionable sexual harassment and the fact that it need not be motivated by sexual desire; the privileged category of "military and veteran status" that was added to the FEHA; and much, much more. 

The federal review will include: the status of the Obama employment agenda and other legislative developments that all employers should be aware of during 2014, including: a brief overview of the ever changing status of the PPACA and the delay of employer mandate to 1/1/15; the continuing impact of the Obama administration directives from the NLRB (the scope of "protected concerted activity" by employees on social media, the impact of the use of arbitration limiting class actions, etc.); one year later, the impact of the EEOC's guidance on use of arrest and conviction records in the employment context, and much more.

Trends From 2013 And How That Should Impact Employers Planning For 2014: This component of the Briefing will focus on trends and issues in employment law that have arisen in 2013, based on recent court cases and the enforcement strategies of the various federal and state agencies, and how employers should respond to these trends in their day-to-day operations and policies. The focus will be on what employers can do in anticipation of problems, and what practical steps employers can take to avoid problems in these areas.

Case Law Overview: The Briefing will also include a review of the most relevant California and Federal case law highlighting the most significant 2013 federal and state court decisions impacting employers in the areas of wage and hour, leaves of absence, disability, discrimination, retaliation, wrongful discharge, harassment and other areas of employment law. A partial list of the topics to be covered includes:

Wage and Hour: What have cases after the California Supreme Court  decision in Brinker Restaurant Corporation v. Superior Court (April 2012), clarified and held relative to the fact an employer only has to provide an employee with an opportunity to take a meal and rest period and that the employer does not have to ensure the employee takes them.  How the change in the minimum wage will impact many other areas of wage and hour law will be addressed and much more. We will also review other recent DOL and DLSE guidance on wage and hour issues as a part of this update.

Immigration Enforcement in the Obama Administration: An overview of the Obama administration's enforcement efforts through the USCIS (DHS & ICE) and DOL, and what employers should expect to play out in 2014.

Sexual Harassment, Discrimination, Retaliation And Leaves of Absence: Review of recent decisions in these areas and how they should impact employers’ policies and compliance efforts in 2014. Our review will include: the impact of the new California legislation related to what constitutes sexual harassment; the U.S. Supreme Court decision clarifying who is a “supervisor” under Title VII in harassment cases; and will include a review of the most significant court decisions in the ever-evolving areas of the law and much more.

Other Subject Areas Will Include, But Are Not Limited To: Wrongful discharge developments in the area of arbitration in the workplace based on court decisions and issues in the area of privacy and confidentiality. There will be plenty of issues to discuss based on the numerous important case law developments during 2013.

Suggested Employee Handbook Updates: A part of this session will include practical advice regarding the impact of new laws and court decisions on the updating of your current employee handbook policies for 2014.

PDFs of Recent Guidance: There will be an opportunity for those who attend to request various documents to be emailed to them.

*Full refunds given for cancellations at least 7 days prior to the event. Online registration only by credit card via Pay Pal. Due to limited space availability, prepayment is required to reserve your seat. Please register early. Last year a number of potential attendees had to be turned away due to space restrictions.

Questions? Email Nanci Berry or call (559) 244-7500 or (805) 934-5770 or (888) 851-1160