American employment law for Canadian HR professionals


Date and Time

Starts:05/26/2021 9:00 AM

Ends:05/27/2021 12:30 PM

Event Type: Workshop

7 CPD Hour(s)

Location:
Blackboard

Price:

HRPA Members:
$350 + Taxes
Non-Members:
$450+ Taxes
Join HRPA Now

Availability

Additional Information

Event Sponsor


American employment and labour law is very different from Canadian law and is changing fast.


This 2 module online program provides a comprehensive overview of U.S. employment laws including the overarching principle of at-will employment, discrimination, harassment and retaliation prohibitions, wage and hour law, and disability and leave management law.


Learning objectives:

  • Educate attendees on a variety of key U.S. employment law statutes and regulations and their application and evolving trends
  • Improve issue spotting and employee relations skills of HR professionals to enable them to confront these issues head on in a manner that reduces liability of employment related claims
  • Provide an insight into these U.S. laws and counterpoints in Canadian law to provide an understanding how these laws compare to Canadian law

Who should attend:

Senior HR professionals, in-house counsel and senior company management who have operations or employees working in the U.S.

Program Agenda:

  • The Principle of At-Will Employment which governs the employer-employee relationship in the U.S. absent contractual or other obligations to the contrary.
  • Employment Discrimination and Harassment Law (America's lottery system answer to severance (notice) pay), including analysis of the legal standards underlying anti-discrimination, harassment and retaliation laws and regulations.
  • FLSA – How to Pay Salaried and Hourly Employees in Compliance with the Law. The Fair Labor Standards Act imposes many strict requirements about how employers must pay their salaried employees and their hourly employees, and the law imposes significant penalties for violations of the law.
  • FMLA and ADA – Disability and leave management is a complex aspect of U.S. employment law that requires careful consideration by HR professionals. This program will cover the details of the eligibility requirements and qualifying reasons for FMLA leave, applicable notice and certification requirements, and the practical application of this leave in real life situations. The principles of the Americans with Disabilities Act will also be discussed, including the definition of a disability, reasonable accommodation obligations, and the interaction of the ADA with the FMLA.
  • Brief Overview of US Labor Law and Organizing Trends

What is the course format?

This program combines two 3.5-hour sessions (with 15 minute break at mid-point) of virtual instruction in hybrid lecture and interactive sessions akin to an Executive Briefing.

Live Virtual Sessions: There will be multiple online instructor-led modules on the key aspects of the various U.S. laws outlined above followed by targeted open discussion during which practical application, examples and experiences will be discussed interactively. Participants will be provided the opportunity to ask questions for live response and discussion both in advance and during the open discussion portions of the sessions. The instructor led open discussions will also include brief discussion of Canadian law and how it is distinguished from U.S. law.

Materials: : Participants will be provided with session workbooks to follow along with the content covered in each module and to take notes.

Peer Learning and Group Work: Participants will have the opportunity to learn from each other while answering questions and sharing experiences and observations during the modules.

Time Commitment: This program will be delivered in 2 modules. Participants will spend 3.5 hours each day (with 15 minute break) participating in the virtual sessions.

The in-class virtual modules will be held as follows:

  • May 26, 2021 – Session #1: Employment At-Will Principles; EEO/Discrimination, Harassment and Retaliation Law; Labour Law
  • May 27, 2021 –Session #2: Wage & Hour Law; Disability and Leave Management Law

Speaker bio(s)
Corey Donovan Tracey, Principal, Jackson Lewis P.C.

Ms. Tracey is engaged in day-to-day counseling of employers on their employment policies and handbooks, disability and leave management, discipline and termination, wage and hour issues, and the proper conduct of reductions in force. She has also conducted training sessions on anti-discrimination and anti-harassment programs, leave administration and litigation avoidance. Ms. Tracey regularly represents employers in administrative proceedings and in litigation involving claims of discrimination and harassment, retaliation, whistleblowing, and violations of leave and wage and hour laws..


Ms. Tracey’s notable experience includes defending a large government contractor in multiple federal and state law actions involving claims of discrimination following a large-scale reduction in force; defending national employers in the retail and recreation industries against regional and nationwide collective actions involving Fair Labor Standards Act (FLSA) claims for failure to pay overtime wages; defending a large regional bank against claims for violations of the Sarbanes Oxley Act; defending a large national retailer and a national restaurant chain in multiple administrative proceedings alleging discrimination and other employment law claims in Ohio and various states; and assisting a national pharmaceutical company with the conduct of a large scale reduction in force, including specific focus on WARN Act compliance.


Ms. Tracey has been a presenter for the National Business Institute, the Ohio Manufacturers Association and other organizations, speaking on various employment laws and their interpretation, and also litigation avoidance techniques for employers in relation to employee discipline, discharge, pay and leave.


Ms. Tracey is a member of the Ohio State Bar Association. She is admitted to practice law in the state of Ohio. She is also admitted to practice law before the U.S. Court of Appeals for the Sixth Circuit; and the U.S. District Court for the Northern and Southern Districts of Ohio.


Ms. Tracey received her B.A., magna cum laude, with High Honors, from the University of Cincinnati in 1999, where she was also a Distinguished Honors Scholar and a member of Phi Beta Kappa. She earned her J.D. from the University of Cincinnati College of Law in 2002, where she was an Executive member of the Moot Court Board and the Order of the Barrister. She was also the director of the College of Law's National Moot Court Competition, and a member of the Law Women and Law Women’s Athletic Societies.



Jim Stone, Office Managing Principal, Jackson Lewis P.C.

With more than 25 years of experience in labor and employment law, Mr. Stone has conducted more than 120 negotiations with unions, defended hundreds of employment discrimination, wrongful discharge, and other claims in court and before administrative agencies such as the EEOC, NLRB, and Department of Labor. He has defended companies against a broad range of challenges including wrongful discharge claims, wage and hour actions, large multi-plaintiff discrimination claims, as well as counseling large, middle market, and smaller clients in a wide variety of employment and labor law matters. Several recent matters handled by Mr. Stone and his colleagues have been reported in the national media, including major cases involving the use of neutrality agreements in the automotive industry in Michigan.


He has also litigated a large number of employment cases through trial or dismissal, including those involving restructuring and reductions in force and restructuring of benefits. He has counseled clients and written on topics as diverse as the ADA, ADEA, WARN Act, the Railway Labor Act, the FMLA, sexual harassment, and other forms of discrimination, non-competition agreements, wrongful discharge, and hiring practices. Mr. Stone also has extensive familiarity with certain international employment law issues, especially those of Canada..


Mr. Stone is particularly knowledgeable about the manufacturing, transportation, automotive, health care, gaming, hospitality and steel industries. He often consults with clients regarding the legal aspects of employment terminations and downsizing. Mr. Stone believes that clients should take a pragmatic approach to their employment relations, combining the best practices from human resource, labor relations, and legal strategies, while aggressively defending themselves against unwarranted attacks on their management rights. Mr. Stone has also provided representation and advice in many successful union avoidance campaigns, labor negotiations, arbitrations, and unfair labor practice charges and actions involving neutrality agreements..


Prior to joining Jackson Lewis, Mr. Stone was chairman of the Labor and Employment Law Group at a prominent regional law firm with more than 130 lawyers..


Mr. Stone is included in Who’s Who in America and Who’s Who in American Law. He was named an Ohio Super Lawyer by Law and Politics magazine, as featured in Northern Ohio Live magazine, and was included in the 2015 and 2016 Best Lawyers in America lists. He was additionally named a “Leader in the Field” in Ohio in Labor and Employment Law in the 2013 and 2014 Chambers USA Legal Guide.



Matthew Certosimo, Partner

Matthew is certified by the Law Society of Ontario as a Specialist in Labour Law. He represents employers in labour and employment-related litigation, including wrongful dismissals and labour arbitration. He frequently appears before the courts, including at the appellate level.

He also acts for employers in grievance arbitrations, matters before the Labour Relations Board, and in collective bargaining.

And he represents employers, supervisors and constructors in proceedings under the Occupational Health and Safety Act, including in defence of quasi-criminal charges further to workplace accidents and injuries.