This full-day conference will address a wide and varied group of topics in the area of employee relations. Attorney-led panels and specialized breakouts will review a number of everyday laws and regulations that impact the employer-employee relationship. These laws and regs are often packed with ambiguity and gray areas that trigger doubt in even the most seasoned HR professional’s mind. Be sure to understand the laws in order to protect your company from risk.
If you’re looking to enhance your strategic and tactical approach in a hands-on format, this ASE exclusive event was designed for you.
What's in it for you?
- Join fellow HR professionals seeking the answers to having a harmonious workforce in an ever changing environment.
- A unique luncheon session will feed your hunger and your mind during an “Ask the Lawyers” session on any and all employee relations topics.
ASE Members: $189
SBAM Members: $199 (must call to register)
For questions on this event, contact Anthony Kaylin
at 248.223.8012. To register via phone please call Talent Development at 248-223-8041.
Session I: Legislative Update: Federal and Michigan
We are in year three of the Trump Administration. On one hand, many regulatory burdens have been eased, such as electronic reporting of OSHA 300a. On the other hand, enforcement of current law and regulations is increasing, especially in the I-9 and employment arena. With the change of leadership to a Democratic Administration in Michigan, even with a Republican legislative branch, changes impacting businesses are bound to happen. This session will review the current overall regulatory and enforcement changes and what to expect in the next 12 months. Join Anne-Marie Vercruysse Welch from Clark Hill PLC and ASE's own Michael J. Burns as they discuss the changing regulatory environment and how it is impacting Michigan employers.
Session 2: Ask the Panel: Everything You Wanted to Know From Your Legal Counsel and Didn’t Want to Pay For
This session will be a Q&A panel format. Any employment topic, whether addressed elsewhere in the program or not, is fair game. Participants will be able to question the lawyers on any topic they may be currently dealing with or are curious about; however, any legal advice given will be general in nature. The format lends itself to spirited exchanges of different perspectives among panelists, expanding understanding of the issues at stake.
ASE's Employment Law Conference will consist of two Plenary sessions and three sets of breakout sessions. Attendees can attend one session in each set of breakouts.
Morning Breakouts - 9:45 a.m. - 11:00 a.m.
BK-1: Keeping up with Equal Pay and Pay Disparity laws
Anne-Marie Vercruysse Welch, Partner, Clark Hill
From banning pay history questions, to increasing scrutiny, to pay decisions that may lead to pay disparities, many employers have confusion over the various duties required to ensure pay disparities are at a minimum. This session will provide participants a historical overview of pay equity and the interplay of Equal Pay Act, Title VII, and state laws such as California and Massachusetts. Also covered will be how pay disparity is investigated by the various agencies.
BK-2: Biometrics and Employer Liability
S. Rae Gross, Shareholder, Ogletree Deakins
Biometrics is slowly becoming the norm for timekeeping and attendance. Biometrics are also used for wellness programs. At what point in time is privacy violated through biometric screening? In some states, it could lead to substantial fines. Under federal law, an employee could claim genetic discrimination under the Genetic Information Discrimination Act (GINA). This session will provide an understanding of the nascent biometric laws around the country and the possible liability attached to employers when biometrics goes wrong.
BK-3: Immigration Compliance and Enforcement
Alexandra LaCombe, Partner, Fragomen, Del Rey, Bernsen & Loewy, LLP
U.S. Immigration laws are changing, and immigration compliance is a major issue in today's business environment. Further, Customs Enforcement (ICE) has ramped up enforcement of immigration laws since the election of the current administration. This session will review immigration enforcement issues from I-9 to H-1B to L1 enforcement to employee movement into the U.S. This session will also cover employer responses when ICE comes knocking.
Mid-Morning Breakouts - 11:15 a.m. - 12:30 p.m.
BK-4: When Employee Rights Collide: LGBT Rights Under the Law
Terry Bonnette, Partner, Nemeth Law
The Supreme Court legalized same-sex marriage, and the EEOC decided that sexual orientation and gender identity fall within the “because of sex” protected category under federal anti-discrimination laws. Yet the Department of Justice finds that the term “Sex” in Title VII does not include the LGBT designations. The circuit court of appeals are divided on this question. This session will discuss the legislative and legal history of LGBT rights, the current status of the law, and its impact on employers. This session will also review how to handle when employee’s personal beliefs contradict the employer’s stated policies towards LGBT employees. Using different scenarios, this session will provide guidance on how to do the right thing in the workplace to ensure respect for LGBT rights.
BK-5: How the NLRB Under Trump Will Impact the Non-union Employer
Frank Mamat, Attorney-in-Charge, Barnes & Thornburg LLP
The NLRB under Obama was a reactionary, law bending body to promote the rights not just of unions, but of nonunion employees. The NLRB was the union for all nonunion employees, paid by taxpayers. Under Trump, the NLRB is moving back to a more traditional role from processing complaints to umpiring elections to interpreting the law as is. This session will discuss and compare the Obama NLRB with the Trump NLRB and will provide participants with an understanding how the changes are especially beneficial to non-union employers. From joint employment to basic handbook rules, participants will learn how employers should navigate these new currents through HR practices, handbook policies, and defending itself if unions come a knocking.
BK-6: Accommodations Galore: ADA, Pregnancy, USERRA, Religion and More
Andrey Tomkiw, Partner, Dinsmore & Shohl LLP
As leave issues become a larger focus of government investigations and complaints by employees, this session focuses on the latest trends and requirements imposed upon employers. What is reasonable under the circumstances can be difficult to prove. Working through a variety of examples, participants will recognize key concepts that will help them coordinate leave policies that minimize risk throughout the organization.
Afternoon Breakouts - 2:15 p.m. - 3:30 p.m.
BK-7: A Survival Guide to Understanding Risk in the Age of AI
Annette Tyman, Seyfarth Shaw
In today’s world, businesses are always searching for processes and talent that will give them an advantage in a marketplace that is becoming increasingly competitive every day. Faced with this reality of increasing competition, companies are looking to make better, more informed decisions by harnessing the power of data. Terms like “Machine Learning” and “Artificial Intelligence” have become ubiquitous in today’s business lexicon. As companies look to leverage these powerful tools, it’s important that they consider the risks that each carry and implement these strategies with their eyes on the legal and regulatory horizon. Participants will learn what the new frontier means for employers and some of the unique considerations that government contractors face as they look to realize the benefits of artificial intelligence.
BK-8: How to Manage Paid Sick Leaves
Tiffany Buckley-Norwood, Principal, Jackson Lewis P.C
Now that Paid Sick Leave is the law in Michigan, how does a multi-state organization ensure compliance with all localities? From payroll stubs to accruals to implementation, paid sick leave today can be confusing. This session will review the Michigan Paid Sick leave six months later and provide an overview to the requirements of various states and localities from California, Arizona, Massachusetts, Chicago, and more. Participants will also learn best practices for implementing organization/multijurisdictional policies and practices and how these laws interact with the Family Medical Leave Act.
BK-9: #MeToo in Today's Workplace
Jacqulyn Schulte, Attorney, Jacqulyn G. Schulte, PLC
#MeToo wasn’t just a “viral moment” but a significant evolution in American workplaces. As a result, some people now feel “under attack” at work or that “some people are too easily offended.” Participants in this session will learn what #MeToo (and #TimesUp) are about, how they actually impact our workplace, what the law says about it, and how to respond to employees who feel “under attack” or that their “coworkers are just too sensitive.” This session will review current workplace conduct and communication legal requirements and provide participants with tools to address inappropriate workplace behavior
ASE Members: $189
SBAM Members: $199 (must call to register)
Contact Talent Development to receive special pricing for SBAM members, groups of 6 or more, students, and regional members at 248.223.8041.