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Common HR and Business Practices That Lead to Significant Employment Law Liability, 6/6/2018 12:00:00 AM PDT, On Demand More info »
Common HR and Business Practices That Lead to Significant Employment L
Replay with Live Q&A

Common HR and Business Practices That Lead to Significant Employment Law Liability

Practice Areas:
Employment & Labor Law |  Litigation
Heather Morgan |  Elizabeth (Lisa) Brown |  Danielle Lackey
Course Levels:
1 hour

Course Description

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Course Description

Heather Morgan and Lisa Brown, seasoned employment law practitioners and litigators, are joined by the General Counsel of Motus, Danielle Lackey, to discuss common HR and business practices that, while well intended, commonly create legal risk and cause unnecessary (or unnecessarily difficult to defend) litigation.  The discussion will focus on practices from both EEO and wage and hour perspective. Heather and Lisa will share war stories and focus on trends emerging in the modern workplace, with a particular emphasis on “hot” employment litigation and agency enforcement activities.

Topics will include:

  1. The importance of ensuring alignment between in-house legal, HR and the business before potentially high risk changes to personnel and business processes are developed and implemented – with several “real life” examples that show the harmful consequences when in-house counsel is not in the loop;
  2. Not-so-well-known pitfalls in conducting internal complaint investigations and compliance audits (e.g., invoking and waiving the attorney-client privilege; pay equity and wage and hour audit no-no’s); and
  3. How best to manage employees’ use of internal messaging apps and other online workplace communication forums given the current legal landscape, including best practices to consider in the wake of the James Damore/Google employee memo controversy.

Course Learning Objectives:

At the end of this session, participants will be better able to anticipate and identify the legal risk implications associated with the practices discussed above and understand what specific actions they can take to help mitigate – or avoid altogether – potentially serious risk of liability under EEO and Wage/Hour employment laws


Topic 1 – The Importance of Ensuring Alignment With In-House Counsel Before Potentially High Risk Changes To Personnel And Business Processes Are Developed And Implemented [Minutes 5-25]

  • Includes discussion of multiple “real life” examples when legal, HR and the business were not well-coordinated in advance – and the resulting harmful consequences
    • In the EEO context
    • In the Wage and Hour context

Topic 2 – Common Pitfalls To Avoid When Conducting Internal Investigations And Compliance Audits [Minutes 25-40]

  • EEO complaints and investigations
  • Pay equity audits o Wages and Hour compliance audits

Topic 3 – Managing Employees’ Use of Internal Messaging Apps And Other Online Workplace Communication Forums: Legal and Practical Considerations In [Minutes 40-50]

  • Key compliance/risk issues In the EEO context In the Wage/Hour context
  • Options to consider for your organization and best practices

Closing Comments

CLE Credits

Mandatory CLE Credit

This program may be eligible for a total of 1 CLE credit(s) in a 60 minute state of which 0  are Ethics credits.

This program may be eligible for a total of 1.2 CLE credit(s) in a 50 minute state of which 0  are Ethics credits.




This course has been approved for 1 MCLE General Credit(s) in California of which 0 are Legal Ethics, 0 are Elimination of Bias in the Legal Profession, 0 are Prevention, Detection and Treatment of Substance Abuse/Mental Illness that Impairs Professional Competence.


This course has been approved for 1 MCLE General Credit(s) in Illinois of which 0 credit(s) qualifies for Professional Responsibility credit.


This course has been approved for 1 CLE Credit(s) in Ohio of which 0 credit(s) qualifies for Ethics credit.


This course has been approved for 1 MCLE Credit(s) in Texas of which 0 credit(s) qualifies for Ethics credit.


This course has been approved for 1 CLE Credit(s) in Washington of which 0 credit(s) qualifies for Ethics credit.


Request for CLE credit for this course has been denied by the Virginia Mandatory Continuing Legal Education Board.  A copy of the MCLE Regulations is available on the Virginia State Bar website at

Other MCLE Jurisdictions

Reciprocal States: The following jurisdictions allow reciprocity for courses approved in other MCLE jurisdictions:Alaska, Arkansas, Colorado, Florida, Montana, New Jersey, New York, North Dakota, and Oregon.

Self Reporting States: States that allow an attorney to apply or self-report CLE credit are: Alabama, Delaware, Hawaii, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Utah, West Virginia, Wisconsin and Wyoming.

Course Materials


Heather Morgan's Profile

Heather Morgan Related seminars and products: 1

Partner at Grube Brown & Geidt LLP

Grube Brown & Geidt LLP

Heather represents and counsels employers in all aspects of employment law, with an emphasis on defending equal employment opportunity cases, including “high stakes” discrimination class actions. Heather devotes a significant portion of her practice to helping employers develop or revamp personnel processes, build "best practices," and ensure compliance with federal and state laws and regulations impacting recruitment, hiring, promotion, compensation, performance evaluation, termination, affirmative action compliance, voluntary diversity and inclusion programs, succession planning, and other personnel practices. In particular, Heather has significant experience partnering with employers who seek to design improved and compliant personnel processes through a transition to new or upgraded workforce-related software and HR technologies. As part of this counseling, Heather regularly provides compliance advice regarding multi-jurisdiction background check laws, e-signature and data retention requirements, and the use of computer algorithms in hiring and other personnel processes. Heather’s practice also includes a special focus on the development and analysis of statistics used in case defense, to conduct preventative, privileged diagnostic reviews of employers’ personnel practices (such as pay equity audits), and to develop diversity and inclusion metrics. Prior to joining Grube Brown & Geidt LLP, Heather was a partner in the Employment Law department of Paul Hastings LLP and the Global Chair of the firm’s Workforce Data and Technology practice.

PRACTICE FOCUS: Labor & Employment 
PRIOR ROLES/EXPERIENCE: Partner at Paul Hastings LLP and the Global Chair of the firm’s Workforce Data and Technology practice
LAW SCHOOL: University of California, Los Angeles
LOCATION: Los Angeles


Elizabeth (Lisa) Brown's Profile

Elizabeth (Lisa) Brown Related seminars and products: 1

Partner at Grube Brown and Geidt LLP, Los Angeles

Grube Brown and Geidt LLP

Lisa Brown is a founding partner of Grube Brown & Geidt LLP, a defense employment boutique. Lisa splits her time between Los Angeles (her primary office and San Francisco, representing clients in both Northern and Southern California. Her practice focuses on complex employment litigation, wage and hour class actions, and representative actions under the California Private Attorneys General Act (PAGA). Lisa is also an experienced trial attorney who has second-chaired a number of jury trials and first-chaired administrative proceedings.

PRACTICE FOCUS: Labor & Employment 
PRIOR ROLES/EXPERIENCE: Former attorney at Paul Hastings
LAW SCHOOL: University of Chicago
LOCATION: Los Angeles


Danielle Lackey's Profile

Danielle Lackey Related seminars and products: 1

Chief Legal Officer, Los Angeles

Motus, LLC

As Chief Legal Officer, Danielle is responsible for all Motus legal affairs and works with strategic business units to drive initiatives that bolster IRS and legal compliance for Motus clients. Prior to joining Motus, Danielle co-founded and served as CEO of Cadence Counsel, a company that helps law firms and companies thrive in an environment where work, as we know it, is rapidly changing. Before founding Cadence Counsel, Danielle practiced as a litigator at Latham & Watkins, representing major corporations and senior executives in complex civil and criminal matters. She earned her J.D. with Distinction from Stanford Law School and is a graduate of Brown University (Phi Beta Kappa, Magna Cum Laude).

PRIOR ROLES/EXPERIENCE: Former attorney at Latham & Watkins
LAW SCHOOL: Stanford Law School

LOCATION: Los Angeles

MCLE Information

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& Video replay with Live Q&A

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At this time, Kansas requires the sponsor of all non-traditional format courses to submit the program application. (Kansas will not accept an application from an individual lawyer.)

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Upon completion of the course you will receive a either a state specific certificate of attendance for the courses that Select Counsel applied for or a Uniform Certificate of Attendance for states that have reciprocity or are self applying/reporting states.  

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Select Counsel only applies for course approval in the following states: CA, IL, OH, PA, TX, VA and WA,.  Select Counsel will report attendance in any of the above states (e.g. PA) that require the provider to report attendance.  For states that allow course approval reciprocity and/or that attorneys are self-reporting/applying, Select Counsel will guide you to the appropriate forms and governing bodies. All information about reporting credit to your state will be provided as a hand out prior, during and after the completion of the course.

A Note About MCLE Credit

The content on this page is for informational and educational purposes only. Each state has its own rules and regulations indicating what qualifies for CLE credit. Certain programs, subjects, and formats may not receive credit in some states and there may be specific rules regarding who may earn credit or the maximum number of credit hours that may be earned with specific formats.  Please contact your state MCLE regulatory entity for specific questions about your MCLE rules. For contact information, go to

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