Employment Law USA Seminar

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Employment Law USA Seminar

Hemsley Fraser
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Description

Overview

Course duration: 2 days.

Learn about US employment law essentials: from a `labor law` and practical management perspective.

This course is delivered in partnership with JSB.

Managing employees based in the United States has always been a trap for the unwary. The multitude of federal and state laws that govern the workplace in the US, when combined with a litigious workforce, have always created a great deal of risk for the unprepared employer. Those risks have increased dramatically over the last five months. Since taking office, President Obama has introduced a number of important pieces of employment legislation, some of which have already passed and others of which are still pend…

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Didn't find what you were looking for? See also: Employment Law, Law (General), Recruitment & Selection, Diversity & Equality, and Maternity.

Overview

Course duration: 2 days.

Learn about US employment law essentials: from a `labor law` and practical management perspective.

This course is delivered in partnership with JSB.

Managing employees based in the United States has always been a trap for the unwary. The multitude of federal and state laws that govern the workplace in the US, when combined with a litigious workforce, have always created a great deal of risk for the unprepared employer. Those risks have increased dramatically over the last five months. Since taking office, President Obama has introduced a number of important pieces of employment legislation, some of which have already passed and others of which are still pending before Congress. This is a dynamic and historic period of time for US employment legislation. It is also presents a challenge for employers to stay abreast of the developments in US employment law and their new obligations.

If your company has employees based in the US, it is vital that you not only learn the fundamentals about US employment law but also that you learn about the many important changes if you want to manage the ever growing risk of litigation. This interactive seminar on employment law in America, led by Adam Forman and Michael Mankes from top US law firm Littler Mendelson, provides a comprehensive overview of US employment law - delivered in a highly entertaining style.

Is it right for me?

Employment Law USA is designed for HR directors and managers, employment law advisers, employee relations professionals and line managers who have, or expect to have, responsibility for staff in the USA.

What will I learn?

By the end of this seminar you will:

  • Gain a clear understanding of key legal issues in the USA, as they impact on staff employment
  • Take away a working knowledge of US employment law and its practical application to real life scenarios
  • Benefit from up-to-date inside information from US lawyers and other experts who really understand the legal, business and practical management issues of employing and managing staff in the USA
  • Evaluate the treatment of common employment law issues throughout the USA and compare them with the position in the UK and in the EU
  • Be better equipped to advise senior colleagues on vital aspects of US 'labor law' and best practice
  • Gain an appreciation of the risks of litigation inherent in the adversarial nature of 'labor law' and the American legal environment
  • Understand how practices relating to employee benefits and employment contracts may impact employee relations
  • Employee Handbook Review exercise – one handbook submitted by a seminar participant, will be chosen at random for ‘live’ review by our expert facilitators

What will it cover?

Day one

An overview of the US legal framework: bringing it into focus

  • Understanding the legal framework: Federal and State laws
  • Comparisons with the UK employment law framework

State law issues: traps for the unwary

  • Presumptions of at-will employment
  • At-will exceptions
  • Common law claims

Federal discrimination laws

  • Age (ADEA)
  • Disability (ADA)
  • Race discrimination (Title VII)
  • Sex and Gender (Title VII)
  • Other protected categories and variations on State laws

Dismissal pitfalls: following Federal and State law

  • Retaliation and whistleblowing
  • Dangerous documents
  • Plant closing laws
  • Reduction in forces: redundancy issues, severance pay and release/waivers

Understanding wage and hour laws: the ‘Litigation de Jure'

  • Minimum wage and overtime laws
  • The State Wage Payment statutes
  • Misclassification of independent contractors

Day two

Leaves of absence: the 'Bermuda triangle' of employment law

  • The dangerous intersection of the leaves of absence laws
  • Family and Medical Leave Act
  • ADA
  • Maternity Leave statutes
  • Workers'compensation

Data protection laws: how to make sure your company is compliant

  • US privacy laws: issues organisations need to be aware of
  • Electronic disclosure: setting compliant policies in the US
  • Confidentiality and covenants not to compete

Break-out session: dealing with real-life scenarios

Aim: To go beyond the legal framework and practical tips outlined on Day 1 and apply these effectively in a controlled real-life scenario. Participants will have the opportunity to practice the theory covered in Day 1 to enhance their understanding and interpretation of US employment law.

Participants will be divided into groups and given a particular scenario to consider. Each group member will be fully involved in the scenario and provide solutions and suggestions with feedback from the facilitators. Participants will have the opportunity to get involved in all aspects: recruiting, putting together a contract of employment, handling a dismissal and responding to a discrimination claim.

The Employee Handbook Review

AIM: To apply the principals learned during the seminar to the review and revision of a typical UK handbook converted to a U.S. handbook. This is a practical, hands on exercise that will assist participants with the drafting and review of their own employers’ handbooks.

Note: One handbook will be chosen from all submissions for review in this interactive exercise.

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