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:
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Educate attendees on a variety of key U.S. employment law statutes and regulations and their application and evolving trends
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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
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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:
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Status of Employment at Will in the United States, and its myriad exceptions
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Employment Discrimination Law (America’s lottery system answer to severance pay)
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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. The FLSA is also undergoing substantial changes, so companies that may have complied with the law in the past must implement new systems and analyses of their employees in order to remain in compliance with the law.
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NLRA – Major Developments under the NLRA (the Labour Law) in the United States as the NLRB which administers the law takes a far more pro-union and pro-employee stance. The NLRB has issued rules making it much more likely that unrelated employers will be found to be joint employers who can be organized more quickly, have made union elections much faster and and have issued far reaching regulations of employees’ use of social media. These decisions impact union and non-union employers alike.
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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.
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Canadian perspectives – Insight on how U.S. employment laws compare to Canadian laws to provide a full perspective for Canadian employers with U.S. operations.