Understanding DOL’s Wage & Hour Standard and EEOC’s Retaliation Guidance: What Your Firm Needs to Know
In August 2016, the Equal Employment Opportunity Commission (EEOC) has released its final Enforcement Guidance on Retaliation and Related Issues. The guidance replaces EEOC’s 1998 Compliance Manual on retaliation and clarifies the agency’s perspective on what constitutes retaliation under the Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), Title V of the Americans with Disabilities Act (ADA), the Equal Protection Act (EPA), Title II of the Genetic Nondiscrimination Act (GINA), and Section 501 of the Rehabilitation Act.
Earlier this year, the Department of Labor (DOL) has also issued and released a final rule which updates the Fair Labor Standards Act’s (FLSA’s) overtime regulations, thus, extending overtime pay protections to millions of workers. However, it was enjoined by the Texas Court in little more than a week before its December 1, 2016 effectivity date.
Developments in employment laws and regulations should always be the apple of every employer’s eyes. The recent administrative actions illustrate the federal agencies' heightened effort in addressing emerging employment trends and reducing retaliation claims. Thus, it is crucial for companies to have a clear understanding of these guidance to be able to reassess their employment policies and practices and, therefore, avoid potential legal pitfalls.
In this two-hour LIVE Webcast, a panel of distinguished professionals and thought leaders organized by The Knowledge Group will provide the audience with an overview of the latest trends, critical issues and best practices with respect to DOL's Wage & Hour Standard and EEOC's Retaliation Guidance. Speakers will also help the audience understand the critical elements of these guidance and their potential implications on employment.
Some of the major topics that will be covered in this course are:
- DOL’s Final Overtime Rule
- Developments on the Emergency Preliminary Injunction of the Overtime Rule
- Impacts and Implications of the Injunction
- EEOC's Retaliation Guidance
- ADA Interference Provision
- State Law Issues and Recent Court Decisions
- Potential Risks and Legal Pitfalls
- Possible Implications and Challenges under Trump Administration
- Best Strategies in Navigating Retaliation Claims
- Best Compliance Practices
Jamie L. Filipovic, Partner
O'Hagan Meyer LLC
- What is the DOL’s Final Rule and when does it take effect?
- What are the key provisions of the Final Rule?
- Best practices for implementing compliance with the Final Rule.
- The ADA Interference provision as addressed in the EEOC Enforcement Guidance on Retaliation.
George S. Azadian, President
Azadian Law Group, PC
- Why the new guidance from the EEOC?
- What qualifies as a protected activity?
- When is an employer action serious enough to be retaliation?
- What types of evidence may support a claim of retaliation?
- Examples of facts that may defeat a claim of retaliation.
David T. Azrin, Partner
Gallet Dreyer & Berkey, LLP
- Possible effects of a Trump administration with respect to the Department of Labor wage and hour rules
- Possible effects of a Trump administration on the EEOC guidance with respect to retaliation
- State law rules with respect to minimum salary requirements for exempt categories
- State law rules with respect to retaliation claims
Who Should Attend:
- HR Personnel
- Employment Law Legal Counsel
- Employee Relations Professionals
- Compliance Officers
- General Counsel
- In-house Lawyers and Solicitors
- Senior Managers
- Public and Private Companies
- Other Related/Interested professionals
George S. Azadian is the founder of the Azadian Law Group, PC. His practice is focused on exclusively representing employees in employment actions, including wrongful termination, retaliation, discrimination, whistleblower, and wage-and-hour cases. In the past three years alone, he has achieved over $30,000,000 in recovery for his clients. He has also been appointed Lead Class Counsel in numerous class actions, including wage-and-hour and misclassification class actions on behalf of California employees. In 2016, Mr. Azadian achieved a $669,308 victory for his client against retail-giant Macy’s in a retaliation and wrongful termination lawsuit where his client was terminated after making complaints that he was being treated unfairly based on his age.
Mr. Azadian frequently lectures and writes on a wide variety of employment law topics in Los Angeles and nationally. His awards include an AV Preeminent® Rating, Super Lawyers’ 2012-16 “Rising Star,” Multi-Million Advocates Forum® Member, a perfect 10.0 rating on Avvo, deemed “Superb,” and Pasadena Magazine’s “Top Attorneys” Award, 2012-16. Prior to representing employees, Mr. Azadian worked as a defense attorney at two of the largest and most respected firms in the country, O’Melveny & Myers and Stroock & Stroock & Lavan.
George S. Azadian is the founder of the Azadian Law Group, PC. His practice is focused on exclusively representing employees …
David T. Azrin represents individuals and businesses in litigation and transactional business law matters. He handles a variety of sophisticated issues involving business disputes, employment law, franchising, distribution, licensing and intellectual property. Mr. Azrin has substantial courtroom experience, including more than 18 trials, of which 9 were jury trials. He has appeared in the state and federal trial and appellate courts in a number of states, including Florida, New York, New Jersey, California and Delaware, as well as in mediation and arbitration proceedings.
David T. Azrin represents individuals and businesses in litigation and transactional business law matters. He handles a variety of sophisticated …
Jamie focuses her practice on labor and employment law, professional liability defense and the representation of NFL athletes.
Jamie provides a full spectrum of labor and employment-related services to her employer-clientele. Jamie successfully represents management in various administrative, state and federal tribunal proceedings in cases involving discrimination, sexual harassment, retaliation, FLSA and state wage and hour claims, including both class/collective actions and single plaintiff litigation. She also offers counseling and internal investigation during lay-offs, RIFs, terminations, disciplinary action or hiring, and negotiates employment contracts and severance packages. She advises clients regarding employee-related written policies such as employee handbooks and disciplinary policies.
Jamie is a Certified NFL Agent, and also successfully represents large corporations, small to mid-size businesses, insurance and financial services companies, real estate professionals, medical professionals and not-for-profit corporations, and Boards of Directors in various professional liability litigation.
Jamie focuses her practice on labor and employment law, professional liability defense and the representation of NFL athletes. Jamie provides …
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Business Law - Technical
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O'Hagan Meyer LLC
About Azadian Law Group, PC
Azadian Law Group, PC is a topflight Los Angeles employment law firm with offices in Pasadena and Downtown Los Angeles. The firm exclusively represents plaintiffs in employment lawsuits and never represents employers. The firm has successfully represented health-care workers, financial executives, entertainment and creative professionals, and a wide variety of other employees in wrongful termination, retaliation, whistleblower, discrimination, and wage-and-hour lawsuits in Superior Court, Federal Court, and Arbitration.
About Gallet Dreyer & Berkey, LLP
Gallet Dreyer & Berkey, LLP is a full service law firm with a diverse legal practice, an excellent reputation and a loyal client base.
Our firm’s clients range in size from large publicly held companies to privately and closely held businesses. Our attorneys provide the same degree of attention and expertise to matters for individual clients as they do to matters for corporations, non-profit organizations, cooperatives, condominiums, trade associations and community groups that we represent. We take immense pride in our work product and our relationships with our clients.
About O'Hagan Meyer LLC
O’Hagan Meyer is a national boutique law firm with offices in Chicago, Richmond, Alexandria and Philadelphia that defends corporations, non-profits, associations and their officers & directors in every manner of litigation. O’Hagan Meyer attorneys also provide practical and strategic legal advice to companies and associations of all sizes in the areas of employment, corporate, medical and insurance. O’Hagan Meyer provides individualized services that clients expect. The firm understands that a client’s time and money is valuable. Resolving matters as quickly and efficiently as possible is the overall ethos of the firm. As soon as a matter comes in, O’Hagan Meyer attorneys aggressively develop a defense strategy and plan for closure.