Common HR and Business Practices That Lead to Significant Employment L
On Demand

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


Practice Areas:
Employment & Labor Law |  Litigation
Faculty:
Heather Morgan |  Elizabeth (Lisa) Brown |  Danielle Lackey
Course Levels:
Intermediate
Duration:
1 hour
Format:
Audio and Video
Original Program Date :
Jun 06, 2018


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

Agenda

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.

 

STATES THAT MCLE CREDIT HAS BEEN APPROVED 


California

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.


Illinois

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


Ohio

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


Pennsylvania

Select Counsel is an approved provider in the State of Pennsylvania. This course has been approved for 1 CLE Credit(s) in Pennsylvania of which 0 credit(s) qualifies for Ethics credit.


Texas

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


Washington

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


Virginia

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 www.vsb.org.


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

Faculty

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 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 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

MCLE Information for Live Webinar, Webcast & Video replay with Live Q&A General Information Please note that Select Counsel delivers multiple live webinars, webcasts and video replays with live Q & A. Please view a specific course program’s description page or marketing materials for information indicating the jurisdictions a specific program is eligible for credit. Accreditation Information Select Counsel applies for credit for it’s live webinars, webcasts and video replays with live question and answer in the following states: California Illinois Ohio Pennsylvania* Texas Virginia Washington Select Counsel does not seek direct accreditation in AL, AK, AZ, CO, CT, DE, FL, GA, GU, HI, IN, IA, ID, KY, LA, MN, NE, ME, MO, MP, MS, MT, NH, NJ, NM, NY, NV, NC, ND, OK, OR, PR, RI, SC, TN, UT, VI, VT, WI, WV and WY. However, if there is a high demand for a particular state during the registration process, Select Counsel will consider submitting an application for accreditation in that state. Meanwhile, most states allow for Course Approval Reciprocity or Attorney Submitted Applications for Accreditation. Please see details below. * Pennsylvania CLE credit will not be available for the first five video replays with live Q&A. Course Approval Reciprocity Select Counsel has applied for course approval in CA, IL, OH, PA, TX, VA and WA.The following states allow attorneys to earn CLE credit through reciprocity from a course or course provider that meets the basic requirements for approval in that state. States that allow reciprocity for courses approved in other jurisdictions below. Click any of the states below for rules and regulations regarding reciprocity in that below state. Alaska Arkansas Colorado Florida Maine Montana New Jersey New York North Dakota Oregon Self-Reporting/Accreditation States Select Counsel has submitted applications for course approval in CA, IL, OH, PA, TX, VA and WA. Select Counsel has not submitted applications in the states listed below. Many states allow attorneys to submit a course for approval and/or self-report their attendance to the their MCLE Board if it has not been submitted by the sponsor of the course. Currently attorneys who participate in a Select Counsel course who want CLE for the states listed below need to apply/report directly with that state. However, if there is a high demand for a particular state during the registration process, Select Counsel will consider submitting an application for accreditation in that state. Alabama Delaware Georgia Hawaii Idaho Indiana Iowa Kentucky Louisiana Minnesota Mississippi Nebraska Nevada New Hampshire New Mexico North Carolina Oklahoma Oregon Rhode Island South Carolina Tennessee Utah West Virginia Wyoming 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.) Please note that some states have accreditation fees. In addition, some states may not approve specific programs, formats, or topics for credit. This list is a general guide only. Specific information about your state accreditation requirements can be found on your state's regulator page. For contact state regulator contact information please visit the Continuing Legal Education Regulators Association at www.clereg.org Certificates of Attendance and Tracking For each webinar, webcast or video replay with live Q&A, Select Counsel will be tracking your attendance through participation codes that pop up during the presentation. Instructions on how to use these participation codes, along with information about how to retrieve your credit will be provided to you prior, during and after the completion of the program. 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. State by State reporting instructions will be included with each certificate of attendance. You will receive this information via email, as well as in a handout that can be accessed before, during and after the course in your customer account. Participation Reporting 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 www.clereg.org

MCLE Information for On-Demand

MCLE Information for On-Demand Seminars

General Information

Please note that Select Counsel delivers multiple on-demand courses. Please view a specific course program’s description page or marketing materials for information indicating the jurisdictions a specific program is eligible for credit.

Accreditation Information

Select Counsel applies for credit for most of it's on-demand seminars the following states:

  • Georgia
  • Illinois
  • Ohio
  • Texas
  • Washington

Select Counsel is an approved accredited provider for in the states of California and Pennsylvania.  CLE credit is available for all Select Counsel courses. 

Please refer to the CLE credit tab to determine which states are approved and those that are pending.


Select Counsel does not seek direct accreditation in AL, AK, AZ, CO, CT, DE, FL, GU, HI, IN, IA, ID,  KY, LA, MN, NE, ME, MO, MP, MS, MT, NH, NJ, NM, NY, NV, NC, ND, OK, OR,  PR, RI, SC, TN, UT, VI, VA, VT, WI, WV and WY.  However, if there is a high demand for a particular state during the registration process, Select Counsel will consider submitting an application for accreditation in that state. Meanwhile, most states allow for Course Approval Reciprocity or Attorney Submitted Applications for Accreditation.  Please see details below.


Course Approval Reciprocity

The following states allow attorneys to earn CLE credit through reciprocity from a course or course provider that meets the basic requirements for approval in that state.  States that allow reciprocity for courses approved in other jurisdictions are listed below.  Click any of the states  below for rules and regulations regarding reciprocity in that  below state.


Self-Reporting/Accreditation States

Select Counsel has not submitted applications in the states listed below.  Many states allow attorneys to submit a course for approval and/or self-report their attendance to the their MCLE Board if it has not been submitted by the sponsor of the course. Currently attorneys who participate in a Select Counsel course who want CLE for the states listed below need to apply/report directly with that state. However, if there is a high demand for a particular state during the registration process, Select Counsel will consider submitting an application for accreditation in that state.

  • Alabama
  • Delaware
  • Georgia (for some select counsel programs, see the CLE Credit tab for additional information)
  • Hawaii
  • Idaho
  • Indiana
  • Iowa
  • Kentucky
  • Louisiana
  • Minnesota
  • Mississippi
  • Nebraska
  • Nevada
  • New Hampshire
  • New Mexico
  • North Carolina
  • Oklahoma
  • Oregon
  • Rhode Island
  • South Carolina
  • Tennessee
  • Utah
  • West Virginia
  • Wyoming

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).

 

Please note that some states have accreditation fees. In addition, some states may not approve specific programs, formats, or topics for credit. This list is a general guide only. Specific information about your state accreditation requirements can be found on your state's regulator page. For contact state regulator contact information please visit the Continuing Legal Education Regulators Association at www.clereg.org


Certificates of Attendance and Tracking

For each on-demand seminar, Select Counsel will be tracking your attendance through participation codes that pop up during the presentation. Instructions on how to use these participation codes, along with information about how to retrieve your credit will be provided to you prior, during and after the completion of the program.

 

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.  

 

State by State reporting instructions will be included with each certificate of attendance. You will receive this information via email, as well as in a handout that can be accessed before, during and after the course in your customer account.

Participation Reporting

Select Counsel only applies for course approval in the following states: CA, IL, OH, TX, and WA and is an accredited provider in PA.  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 www.clereg.org

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