American Employment Law for Canadian HR Professionals


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Date and Time

Starts:03/31/2020 8:30 AM

Ends:03/31/2020 4:30 PM

Registration Closes:03/31/2020 12:00 PM

Event Type: Webinar

7 CPD Hours Hour(s)

Price:

HRPA Members:
$450 + Taxes
Non-Members:
$560+ Taxes
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Availability

Additional Information

Event Sponsor

American employment and labour law is very different from Canadian law and is changing fast. This seminar provides a comprehensive overview of US federal employment laws including key facts and updates around labour (union) relations law, wage and hour law, disability and leave management law, employee benefits issues, and other employment laws. Insight will be provided with a Canadian perspective on these U.S. laws and how they compare to Canadian employment laws.


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 from a Canadian perspective and in consideration of how these laws compare to Canadian law


Who should attend:


Senior HR professionals, in-house counsel and senior company management, who are involved with American operations


Program Agenda:


  • Employment Discrimination Law (America's lottery system answer to severance pay)
  • FLSA – How to Pay Salaried and Hourly Employees in Compliance with the New Laws. 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.  It is more important than ever with changes occurring in the Trump administration for companies to ensure their continued compliance with the law.
  • NLRA – Major Developments under the NLRA (the Labour Law) in the United States as the NLRB which administers the law rolls back much of the pro-employee stance that had developed under the Obama administration.  The NLRB previously issued rules that have made union elections much faster and have issued far reaching regulations of employees' use of social media and video recordings in the work place, as well as in relation to other employer policies.  Some of these decisions are now being reversed under the Trump administration and these changes will have great impact for union and non-union employers alike.
  • 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.
  • Immigration – A brief overview of U.S. immigration law will provide an understanding the key immigration issues U.S. employers face and what employers must do to ensure compliance.
  • Canadian perspectives – Valuable update on key changes to employment laws in Ontario.




Note:

We are listening to you, our Members.

You have provided feedback that you would prefer to receive soft copies of presentations instead of printed materials, in order to be mindful of the environment and to reduce our carbon footprint.  Therefore, in 2019, HRPA Professional Development will, whenever possible, provide a soft copy of the participant course material.  We will not produce printed materials unless there is reason to do so (e.g. program format).

If you absolutely need a hard copy, we request that you print and bring it with you.  Hard copies will not be available on site.

Thank you for your understanding.

PD Team



 

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.