Baird Holm Labor Law Forum Recordings
From 09/27/2021 12:00 am until 11/19/2021 12:00 am
Baird Holm is excited to offer recordings of the content shared at our 33rd Annual Baird Holm Labor Law Forum (which was hosted on Sept. 16). While we enjoyed seeing our guests who were able to attend in person, we also understand that for those who could not attend, there is still an interest in accessing the valuable information and insights that we shared. Recordings of this year’s Labor Law Forum content will be made available on Oct 1, 2021, and accessible through Nov. 19, 2021.
If you are interested in accessing these on-demand recordings, you must register below. The registration fee for non-clients is $299 per person. Registration includes access to 18 educational sessions and the 2021 digital Labor Law Forum book and presentation materials.
2021 California Employment Law Update
Mark J. Goldsmith
Mark will review the California statutory changes that went into effect on January 1, 2021, notable decisions from the California courts, and some of the peculiarities of California employment law.
Board and CEO Selection and Evaluations
Scott S. Moore & Amber N. Preston
Whether required by law or needed to ensure proper oversight and operations, a board’s self-evaluation or its evaluation of an executive officer presents many practical and legal challenges. Scott and Amber will explore processes for undertaking such evaluations and considerations to weigh when opinions vary about the effectiveness and expectations of an organization’s leadership.
Consumer Data Privacy – An Evolving Landscape
Grayson J. Derrick & AriAnna C. Goldstein
Despite the introduction of an unprecedented number of data privacy bills in Congress over the past two years, progress towards the enactment of a comprehensive federal law protecting personal information remains elusive. Several states, however, have passed privacy laws, thereby creating a patchwork of compliance obligations for businesses to learn and manage. Gray and Ari will outline the recent legislative activity in this important space, and provide guidance on how you can comply with today’s varying privacy laws.
Tax Considerations for Remote Working Arrangements
Jesse D. Sitz & Hannah Fischer Frey
Spurred by the pandemic, a substantially greater number of employers now allow remote working arrangements across state lines. Congress has introduced legislation in an attempt to streamline the complex tax implications of such arrangements. Until such legislation passes, employers must be mindful of all of the tax laws wherever their employees live and work. In this presentation, Jesse and Hannah will summarize individual income tax withholding obligations for employers, multistate income tax issues for businesses, and how best to navigate this rapidly evolving area.
The Pendulum Swings Left
This presentation will explain how the Biden Administration is methodically reversing the former administration’s labor and employment law legacy and proposing new legislation to dramatically change nearly century-old employers’ rights and obligations.
“All About that Case, ‘Bout that Case, No Trouble…” 2021 Employment Case Law Update
Kelli P. Lieurance
After a temporary COVID stall, the courts are back in business, and they are busier than ever. In the last few months, the U.S. Supreme Court has issued several important decisions impacting employers, as have other federal courts. In this fast-paced presentation, Kelli will discuss the practical implications of these decisions for employers.
The Employment Life Cycle of Non-Citizen Employees
Amy Erlbacher-Anderson & Kara E. Stockdale
Do you employ or anticipate employing non-citizen workers? Amy and Kara will review the life cycle of non-citizen employees, from recruiting, to hiring and onboarding, and through terminating the employment relationship. Amy and Kara will provide information regarding common nonimmigrant visa options, Form I-9 and E-Verify tips, as well as employer obligations when the employment relationship ends.
2021 Employee Benefits Update
Jeremy T. Christensen
The world of employee benefits is always changing. Jeremy will provide a legal update on employee benefits “hot topics” and will offer his insights about the future of the law and what it means for employers.
Employees as Competitors: What Ever Happened to Loyalty?
Susan K. Tvrdy & Christopher R. Hedican
All too often, companies realize they had disloyal employees after the damage is done–clients are gone, confidential and trade secret information has been exposed, and business is down. In this session, Chris and Susan will explore how companies can reduce the risk of employees misappropriating confidential information, violating fiduciary obligations, and unlawfully competing. They will also discuss non-competes and President Biden’s new executive order seeking to restrict the use of such covenants. Susan and Chris will also explain how employers can enforce their rights.
Discrimination 101 – Understanding the Basics (to Avoid the Complicated)
Heidi A. Guttau & Sarah M. Gorsche
As hard as it may be to believe, allegations of “discrimination” are made more today than at any time in our history. It is therefore as important as ever to understand the basics of discrimination law in order to respond promptly and effectively to such allegations.
From Snapshots to Snapchats – Preserving Evidence in the Modern World
Kimberly A. Brown, Casey L. Grennan, Elizabeth K. Kaup, and Kristine P. Krupka, with moderator Mark J. Goldsmith
When it comes to managing documentary and electronic evidence, our paralegals have seen it all. Led by Mark, the panel will discuss preserving evidence, avoiding costly mistakes, and using best practices for ensuring you have the evidence you need…when you need it!
Preserving the Faragher-Ellerth Defense in the #MeToo Era
George E. Martin III & Michael J. Roccaforte
Do anti-harassment policies and annual trainings still shield employers from liability in hostile environment harassment cases? The Faragher-Ellerth defense is primarily used to defend against claims of hostile work environment sexual harassment but has been applied to defend against claims of hostile work environment harassment on the basis of other protected classes as well. George and Mike will explore how the defense has fared in the #MeToo era and examine the steps you can take to best preserve it.
Ignorance is Not a Defense: What Employers Should Know to Avoid Costly Background Check Litigation
Scott S. Moore & Allison D. Balus
Scott, Allie, and Clay will discuss what employers should know in order to build compliant policies and effective practices for evaluating applicants’ backgrounds. They will discuss when employers can lawfully request background information, the scope of information employers may lawfully request, and when and how employers may lawfully take adverse action due to problematic background information. This session will include information about the Fair Credit Reporting Act, federal bankruptcy and credit protection laws, disparate impact concerns, ban the box legislation, and other related state laws.
The Intersection of Workers’ Compensation, FMLA, and ADA
Brian D. Moore
When an employee is injured or becomes disabled due to a work accident, it can trigger an employer’s obligations under state and federal law, including the Nebraska Workers’ Compensation Act, FMLA, and ADA. Brian will discuss the difficult intersection between these laws and provide guidance on how to manage your workers’ compensation claims.
Handbook Horror Stories
Sara A. McCue
How long has it been since you dusted off your organization’s employee handbook? In this session, Sara will discuss some common handbook missteps and the legal challenges that they invite. Sara will also share practical pointers for improving your employee handbook.
How the ADA Interactive Process Has Become A One-Way Street
Scott P. Moore
In this session, Scott will address how an employer’s failure to engage in the “interactive process” can lead to ADA liability. Scott will discuss his recent experiences in which judges and juries have placed the entire burden to identify potential reasonable accommodations on the employer and how to avoid such “interactive process” claims.
The Remote Workplace: Navigating the New “Office Space”
R.J. (Randy) Stevenson & Sara A. McCue
Today, more employees work remotely than ever before. This new wave of remote workers creates a slew of considerations for employers under OSHA, the FLSA, and equal employment laws. Randy and Sara will discuss these considerations and how to address them in order to mitigate risk.
“Small Bites” with David Kramer
Jonathan R. Breuning, Allison D. Balus, and Kelli P. Lieurance with moderator David J. Kramer
David and his guests will provide brief updates on the latest developments affecting legal compliance for multistate employers, the risks of misclassifying independent contractors, and the scope of the attorney client privilege for HR professionals and in-house attorneys who use outside counsel.