ASE's 7th Annual Employment Law Workshop

(August 9, 2018)


  • About
  • Agenda
  • Plenary
  • Sessions
  • Directions
  • Register

This full-day workshop 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.

Conference Pricing
Through July 20th:
ASE Members: $149
Nonmembers: $179

After July 20th 
ASE Members: $189
Nonmembers: $219

Register


For questions on this event, contact Anthony Kaylin at 248.223.8012

Agenda

Start End  Description
7:30 a.m. 8:30 a.m. Registration, Breakfast and Networking
     
8:30 a.m. 8:35 a.m. Welcome & Program Overview
     
8:35 a.m. 9:35 a.m.


Legislative Update: Federal and Michigan

     
9:45 a.m. 11:00 a.m.


Breakout (Group A)

  1)


What Actions Can I Take When an Employee is on FMLA Leave and Not Get in Trouble?
(Ann-Marie Vercruysse Welch, Member, Clark Hill PLC)

  2)


Managing the "Tug of War" Between Proactive Diversity & Inclusion Efforts and Legal Risk Concerns
(Terry Bonnette, Partner, Nemeth Law PC)

  3)


Immigration Update – NAFTA, H1-Bs, DACA and More 
(Alexandra V. LaCombe, Partner, Fragomen, Del Rey, Bernsen & Loewy, LLP)

11:00 a.m. 11:15 a.m. Break and Networking
     
11:15 a.m. 12:30p.m. Breakout Sessions (Group B)
     
  4)


When Hiring Becomes Problematic 
(James B. Perry, Member Dickinson Wright PLLC)

  5)


Wage and Hour Update: Hot Topics and Trends
(Robert Boonin, Member, Dykema)

  6)


Why Worry About Unions Under the Trump Administration?

(Frank T. Mamat, Shareholder, Foster Swift, Collins & Smith, P.C.)

12:30 p.m. 2:00 p.m.


Lunch and Plenary Session

   

Ask the Panel:  Everything You Wanted to Know From Your Legal Counsel and Didn’t Want to Pay For

2:00 p.m. 2:15 p.m. Break and Networking
     
2:15 p.m. 3:30 p.m.  Afternoon Breakout Sessions
  7)


When are Others' Employees Considered my Responsibility?

(Sheryl A. Laughren, Partner, Berry Moorman PC & Randy Barker, Partner, Berry Moorman PC)

 

8)


Performance, Performance, and More Performance
(S. Rae Gross, Shareholder, Ogletree Deakins)

  9)


Does GDPR Apply to Your HR Department, and What Should You do if it Does?
(Norbert Kugele, Partner, Warner Norcross + Judd LLP)

3:30 p.m. 3:45 p.m. Network and End of Day

Plenary Sessions

Session I: Legislative Update: Federal and Michigan
Almost two years in and a new approach to regulation and enforcement has been established. As the regulatory approach of the various agencies is more compliance related and the Supreme Court more employer friendly, this session will review the changes and what to expect in the next twelve months. Join James B. Perry 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.

Sessions

ASE's Employment Law Workshop will consist of two Plenary sessions and three sets of breakout sessions. Attendees can attend one session in each set of breakouts.

Morning Plenary: Legislative Update: Federal and Michigan

Afternoon Plenary: Ask the Panel: Everything You Wanted to Know From Your Legal Counsel and Didn’t Want to Pay For


Morning Breakout Sessions - 9:45 a.m. - 11:00 a.m.


BK-1: What Actions Can I Take When an Employee is on FMLA Leave and Not Get in Trouble?

Anne-Marie Vercruysse Welch, Member, Clark Hill

FMLA was enacted as, and still is, a worker protection act. Many practitioners are frustrated because they feel they must wait until the expiration of FMLA to take any action against the employee, or personal liability could attach for FMLA retaliation or interference. This session will review various methods for controlling leave and reducing abuse while taking actions that may impact the employee, from discipline to termination. Participants will learn to navigate the technical aspects of FMLA and develop strategies to deal with the various issues that may arise under FMLA.


BK-2: Managing the “Tug of War” Between Proactive Diversity & Inclusion Efforts and Legal Risk Concerns
Terry Bonnette, Partner, Nemeth Law PC

For many employers, there is a divide between the cutting-edge world of proactive diversity efforts and the tension that often arises when viewing those programs under the lens of legal risk. The push to drive a harmonious workplace and diversity initiatives can get caught in the legal quagmire of legal risk assessments as companies grapple with questions such as, should the company conduct unconscious bias training? Should the company have Employer Resource Groups, and if so, which ones? What does it say about our organization if we don’t have them? Should our D&I programs be measured, and if so, how? Can I cloak that information in the attorney-client privilege? How should D&I messages be communicated externally and internally? Participants will learn the gray answers to the above questions as well as strategies and tactics to build a proactive diversity program.


BK-3: Immigration Update – NAFTA, H1-Bs, DACA, and More

Alexandra V. LaCombe, Partner, Fragomen, Del Rey, Bernsen & Loewy, LLP

Immigration processes are still operating as normal yet waiting for the ceiling to cave. The current administration has threatened to scuttle NAFTA, limit H-1Bs, not deal on the DACA issue, and more – all important issues to employers. This session will review the actions of the current administration and provide participants with a deeper understanding of everything that could potentially occur.


 

Mid-Morning Breakout Sessions - 11:15 a.m. - 12:30 p.m.


BK-4: When Hiring Becomes Problematic in Your Organization?
James B. Perry, Member, Dickinson Wright PLLC

Many employers think that unless they are a federal contractor, hiring issues are not within the purview of the EEOC. However, the EEOC Bass case on systemic hiring practices, the Texas Road House case on age discrimination in hiring, and multiple ADA cases show otherwise. Interviews, surprise tests given by managers, and even the situation of “the manager told me to hire this person” can be very problematic. This session will discuss the liabilities associated with hiring practices and what employers should do and have to do to defend their ultimate hiring decision. Participants will learn hiring best practices to reduce potential liability.


BK-5: Wage and Hour Updates: Hot Topics and Trends
Robert Boonin, Member, Dykema

Even though the Trump administration has shown itself to be more business-friendly than its predecessor, employers still need to stay focused on the current wage and hour laws and trends. Among the topics discussed will be the status of the new white-collar exemption regulations (which are coming in 2019), updates regarding DOL enforcement initiatives and guidelines, arbitration agreements, and select compliance challenges. Participants will identify ways to reduce FLSA compliance issues, understand what may be in store for FLSA enforcement in the future, and learn about tools that are available that could minimize various FLSA risks.


BK-6: Why Worry About Unions Under the Trump Administration?
Frank T. Mamat, Shareholder, Foster, Swift, Collins & Smith, P.C.

Union membership has decreased greatly over the years, and unions are under attack by the Trump Administration. The NLRB is taking a 180-degree turn. The Janus case before the U.S. Supreme Court could spell a death blow on public union funding. Yet micro-union organizing is growing as Boeing in South Carolina just discovered, and Millennials (the largest segment of our current workforce) support unions. This session will provide participants an update as to union and NLRB activity under the Trump Administration and provide guidance as to how the Janus decision will impact private sector unions.


Afternoon Breakout Sessions - 2:15 p.m. - 3:30 p.m.


BK-7: When are Others’ Employees Considered my Responsibility?
Sheryl A. Laughren, Partner, Berry Moorman PC
Randy Barker, Partner, Berry Moorman PC

Joint responsibility obligations arise for many daily. Whether the NLRB, OSHA, EEOC, IRS or other agencies have a claim against the employer is dependent how the joint employment was established and managed. This session will provide participants with scenarios of joint responsibility where liability could arise for the employer and what policies and practices should be in place to reduce the potential hit of when a complaint, agency investigation, or lawsuit arises.


BK-8: Performance, Performance, and More Performance
S. Rae Gross, Shareholder, Ogletree Deakins

Every organization conducts performance reviews and appraisals. However, this tool is one of the most complained about by managers and employees. Managers complain because they do not want to have difficult conversations and want to be perceived as the “good guy.” Employees complain because they don’t like criticism. Yet, disciplining an employee who has excellent performance reviews becomes very problematic. If performance reviews are on a scale, and managers are not trained, a systemic issue could arise. Participants will learn the ins and outs of how performance reviews can lead to employer liability if not done properly.


BK-9: Does GDPR Apply to Your HR Department, and What Should You do if it Does?
Norbert Kugele, Partner, Warner Norcross + Judd LLP

The European Union’s General Data Protection Regulation (GDPR) went into effect recently, and it has broad impact on companies that collect information on employees while they are in the EU, whether that employee is based in the EU or in the United States.  In this session, we will work through a number of scenarios that raise GDPR compliance issues and the compliance obligations that may arise. Participants will learn about the history and ins and outs of GDPR and will identify requirements that will impact HR.

Directions

VisTaTech Center
Schoolcraft College
18600 Haggerty Rd
Livonia, MI 48152

Direction Information
 
  • Free parking is available in Schoolcraft College’s North Parking Lot
  • Easy access from major expressways, including I-275, M-14, and I-96.

Register

 

Conference Pricing
Through July 20th:
ASE Members: $149
Nonmembers: $179

After July 20th 
ASE Members: $189
Nonmembers: $219

Register

Contact Talent Development to receive special pricing for groups of 6 or more, students, and regional members at 248.223.8041.

 

2018 Sponsors

Insterested in Sponsorship? Click here for more information. 

Luncheon Sponsor



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American Society of Employers

Victor Park West
19575 Victor Parkway, Suite 100
Livonia, MI 48152

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Phone: (248) 353-4500
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