HomeWebcastEmployment Law: Emerging Trends for 2011
Employment Law: Emerging Trends CLE

Employment Law: Emerging Trends for 2011

Live Webcast Date: Wednesday, January 19, 2011 from 12:00 pm to 2:00 pm (ET)
Legal (CLE)Recording

Employment Law: Emerging Trends

Join us for this Knowledge Group Employment Law: Emerging Trends Webinar. In the ever changing world of employment law, company executives and legal professionals must be in the know with respect to the omnipresent changes.

The Employment Law: Emerging Trends for 2011 Webcast will provide up-to-the-minute developments on employment law and a peek to what may be coming next. A key panel of thought leaders and experts will cover many of the most critical issues surrounding the topic with the goal to help you navigate through the pitfalls of these complex updates.

Some of the key issues to be addressed in this webcast are:

  • New employments laws
  • Potential legislations and amendments in the coming years
  • Conflicts and risks
  • Practical tips to avoid litigation
  • Solutions to real-life situational examples

Join this two-hour webcast sponsored by The Knowledge Group and gain the knowhow you need to get your company ahead of the curve. Sign up today by clicking the “Register” button below, as space is limited. Significant discounts apply for early registration.

Agenda

Aliya Wong, Director for Pension Policy, 
U.S. Chamber of Commerce U.S. Chamber of Commerce

  • Regulatory Activity (Retirement) – Definition of fiduciary duty, plan fee disclosure
  • Funding Issues – Looming 2012 crisis for single-employer plans; major reform needed for multiemployer plans; state and local pension underfunding issues
  • Social Security and Increasing Retirement Coverage – Payroll tax cut; Auto IRA proposals
  • Health care (at a 30,000 foot level) – 1099 reporting; "repeal and replace" efforts

John L. Darr, CPA, MT, Federal State and Local Government, 
Internal Revenue Service

  • Changes planned for form W-2 for 2011 and 2012
    • Focusing on changes from the recent Health Care Act
  • 1099-MISC reporting changes
    • Focusing on what has been added and the penalty changes
    • Additional W-9 information will be needed
  • IRS Emphasis on Non-Resident Alien reporting
    • Proper record keeping
    • Correct withholding procedures
  • Changes from paper to electronic payments
    • Coupn 8109 payment Voucher is discontinued

Erica D. White-Dunston, Esq., Technical Advisor AWSS – Equality Diversity and Inclusion Operations (formerly EEO Diversity Field Services)
Internal Revenue Service

  • EEO Counseling (13 minutes)
  • There appears to be a fundamental lack of understanding regarding the importance of the counseling component of any federal sector claim. As a result, parties often fail to effectively utilize this component of the EEO process to quickly and effectively resolve claims prior to the formalization of the claims to the complaint stage.
    • Improper use of the MD-110
    • Lack of understanding of HR practices particular to the Agency by both EEO staff and Agency managers significantly decreases the likelihood of resolution of the complaint.
  • Adverse Inferences (6 minutes)
    • Discuss correlation between incomplete investigations (tacit or implicit refusal by Agency to fully participate in EEO process) and adverse inferences.
  • Increase in retaliation complaints (6 minutes)
    • Why does there appear to be an increase in retaliation complaints? What specific behaviors, or lack thereof, may be attributed to this apparent increase in filings?

Lawrence Z. Lorber , Member of the Firm, 
Proskauer

  • The major tests for class actions- Wal-Mart v Dukes- Supreme Court will decide how big is big- is there a limit to the size of class actions. AT&T Mobility v v Concepcion- Can States require arbitration agreements to include class claims- Will arbitration be converted into class action lawsuits.
  • The ADA Amendments Act- will the EEOC follow the Statute? EEOC implementing regulations are pending regarding the ADA Amendments Act. Will the regulations follow the statute or will they further redefine the definition of disability.
  • The OFCCP- the sleeping giant awakens. The OFCCP announces a series of regulatory changes, including enhancement to its ability to bring compensation claims and a significantly enhanced enforcement and audit policy. Government contractors are in the bulls eye.

Who Should Attend

  • Private companies
  • Public companies
  • Compliance officers
  • Auditors
  • Accountants
  • Attorneys
  • Legal officers
  • Tax advisors
  • Tax preparers
  • Payroll & Benefits Administrator
  • Business consultants

Employment Law: Emerging Trends

Aliya Wong, Director for Pension Policy, 
U.S. Chamber of Commerce U.S. Chamber of Commerce

  • Regulatory Activity (Retirement) – Definition of fiduciary duty, plan fee disclosure
  • Funding Issues – Looming 2012 crisis for single-employer plans; major reform needed for multiemployer plans; state and local pension underfunding issues
  • Social Security and Increasing Retirement Coverage – Payroll tax cut; Auto IRA proposals
  • Health care (at a 30,000 foot level) – 1099 reporting; "repeal and replace" efforts

John L. Darr, CPA, MT, Federal State and Local Government, 
Internal Revenue Service

  • Changes planned for form W-2 for 2011 and 2012
    • Focusing on changes from the recent Health Care Act
  • 1099-MISC reporting changes
    • Focusing on what has been added and the penalty changes
    • Additional W-9 information will be needed
  • IRS Emphasis on Non-Resident Alien reporting
    • Proper record keeping
    • Correct withholding procedures
  • Changes from paper to electronic payments
    • Coupn 8109 payment Voucher is discontinued

Erica D. White-Dunston, Esq., Technical Advisor AWSS – Equality Diversity and Inclusion Operations (formerly EEO Diversity Field Services)
Internal Revenue Service

  • EEO Counseling (13 minutes)
  • There appears to be a fundamental lack of understanding regarding the importance of the counseling component of any federal sector claim. As a result, parties often fail to effectively utilize this component of the EEO process to quickly and effectively resolve claims prior to the formalization of the claims to the complaint stage.
    • Improper use of the MD-110
    • Lack of understanding of HR practices particular to the Agency by both EEO staff and Agency managers significantly decreases the likelihood of resolution of the complaint.
  • Adverse Inferences (6 minutes)
    • Discuss correlation between incomplete investigations (tacit or implicit refusal by Agency to fully participate in EEO process) and adverse inferences.
  • Increase in retaliation complaints (6 minutes)
    • Why does there appear to be an increase in retaliation complaints? What specific behaviors, or lack thereof, may be attributed to this apparent increase in filings?

Lawrence Z. Lorber , Member of the Firm, 
Proskauer

  • The major tests for class actions- Wal-Mart v Dukes- Supreme Court will decide how big is big- is there a limit to the size of class actions. AT&T Mobility v v Concepcion- Can States require arbitration agreements to include class claims- Will arbitration be converted into class action lawsuits.
  • The ADA Amendments Act- will the EEOC follow the Statute? EEOC implementing regulations are pending regarding the ADA Amendments Act. Will the regulations follow the statute or will they further redefine the definition of disability.
  • The OFCCP- the sleeping giant awakens. The OFCCP announces a series of regulatory changes, including enhancement to its ability to bring compensation claims and a significantly enhanced enforcement and audit policy. Government contractors are in the bulls eye.

Employment Law: Emerging Trends

Employment Law: Emerging Trends

Aliya WongExecutive Director of Retirement PolicyU.S. Chamber of Commerce

Aliya Wong is the Executive Director of Retirement Policy at the United States Chamber of Commerce. Her primary responsibility is to develop, promote and publicize the Chamber’s policy on employer-provided retirement plans, nonqualified deferred compensation, and Social Security. Ms. Wong regularly meets with members of Congress, the Administration, and regulatory agencies to promote the Chamber’s retirement policy and represents the Chamber on the steering committee of several national coalitions. Ms. Wong has led the Chamber’s efforts on several pieces of retirement legislation including the Pension Protection Act of 2006, the Workers, Retirees, and Employer Recovery Act of 2008, and the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010.

Prior to joining the Chamber of Commerce, Ms. Wong was a practicing attorney specializing in ERISA and tax qualification matters related to pension, health and welfare plans, and executive compensation. Ms. Wong is the author of an internet article entitled, “Defined Benefit Plans in an Era of Phased Retirement,” through the Society of Actuaries. Ms. Wong is also the co-author of an amicus curiae brief filed with the United States Supreme Court in the matter of Egelhoff v. Egelhoff, 121 S. Ct. 1322 (2001) which was ruled upon favorably. Ms. Wong regularly gives presentations on legislative issues surrounding retirement policy for organizations including the American Bar Association and the International Foundation of Employee Benefits Plans.

Ms. Wong is admitted to the New York State Bar and the District of Columbia Bar. She is also a member of the American Bar Association and the National Bar Association. Ms. Wong is a 1997 graduate of New York University School of Law where she also received a Master of Laws in Taxation. Ms. Wong received a Bachelors of Arts in Economics and African Studies from Yale University.

Employment Law: Emerging Trends

John L. Darr, CPA, MTFederal State and Local GovernmentInternal Revenue Service

John L. Darr CPA, MT, is a Revenue Agent and a specialist with the Federal, State, and Local Division of the Internal Revenue Service. He received his CPA certification and license in Ohio in 1994 and his Master of Science in Taxation in 1996 from the University of Akron. Before joining the Internal Revenue Service, he was a tax manager at Ernst and Young, LLP and a CFO of a manufacturing company in Ohio. John is also a Senior Professional in Human Resources (SPHR) and familiar with the day to day operations that the payroll, human resources, and the fiscal officers must master on a day to day basis.

Employment Law: Emerging Trends

Erica D. White-Dunston, Esq.DirectorInternal Revenue Service

Employment Law: Emerging Trends

Lawrence Z. LorberPartnerProskauer

Lawrence Z. Lorber, a Partner in the Washington, D.C. office, is an experienced employment law practitioner who counsels and represents employers in connection with all aspects of labor and employment law. He advises employers with respect to equal employment opportunity issues, affirmative action, including Office of Federal Contract Compliance Programs and Department of Labor audits, wage and hour issues, employment aspects of corporate mergers and acquisitions, and employee discipline and the preparation of employee handbooks and human resource policies. He also advises clients with respect to government contract issues. Larry conducts employee investigations and advises clients with respect to Congressional and regulatory matters. He also represents employers and executives with respect to employment contracts and severance arrangements.

Larry has represented a wide variety of employers in all aspects of employment law, including trial and appellate litigation and employment restructuring. He argued the landmark Bourselan v. Aramco case in the Fifth Circuit regarding the extraterritorial reach of Title VII, and filed briefs in several landmark Supreme Court employment law cases, including Johnson v. Santa Clara County; Watson v. Ft. Worth Bank; Atonio v. Wards Cove Packing; Gunther v. Washington County; NLRB v. Detroit Edison and Circuit City Stores v. Adams. In 1995, Larry was one of five labor attorneys selected and approved by Congress as a member of the first Board of Directors of the Office of Congressional Compliance, the Congressional agency established to administer and adjudicate the Congressional Accountability Act, which applied eleven labor and employment laws, including the Fair Labor Standards Act, to the Congress. Larry represented the Society for Human Resource Management and the National Association of Manufacturers in the legislative activity leading to the passage of the Americans with Disabilities Act, was chief counsel to the Business Roundtable for the Civil Rights Act of 1991, and was counsel to the U.S. Chamber of Commerce for the Americans with Disabilities Act Amendments Act of 2008.

Larry was formerly the Deputy Assistant Secretary of Labor and Director of the Office of Federal Contract Compliance Programs during the Ford Administration. In this capacity, he issued the first regulations under section 503 of the Rehabilitation Act of 1973 and enforced Executive Order 11246, requiring affirmative action for federal contractors. In addition, Larry served as Executive Assistant to the Solicitor of Labor with special responsibilities in the areas of labor legislation, wage and hour, equal employment, and occupational safety and health. Larry also was Executive Assistant to Michael H. Moskow, Assistant Secretary of HUD for Policy, Development and Research, where he had special responsibilities for the Housing Policy Study of 1973 and for the operation of the HUD Research programs.

Larry frequently has testified before Congress on a wide variety of proposed employment legislation, including various employment and benefit initiatives, and has written on employment and discrimination issues. He also has appeared on the BBC, NPR, ABC and various radio and cable broadcasts.


Click Here to Read Additional Material

Employment Law: Emerging Trends

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   NONE

Course Code:
   104022

NASBA Field of Study:
   109004

Total Credits:
    2.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

Aliya Wong is the Executive Director of Retirement Policy at the United States Chamber of Commerce. Her primary responsibility is to develop, promote and publicize the Chamber’s policy on employer-provided retirement plans, nonqualified deferred compensation, and Social Security. Ms. Wong regularly meets with members of Congress, the Administration, and regulatory agencies to promote the Chamber’s retirement policy and represents the Chamber on the steering committee of several national coalitions. Ms. Wong has led the Chamber’s efforts on several pieces of retirement legislation including the Pension Protection Act of 2006, the Workers, Retirees, and Employer Recovery Act of 2008, and the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010.

Prior to joining the Chamber of Commerce, Ms. Wong was a practicing attorney specializing in ERISA and tax qualification matters related to pension, health and welfare plans, and executive compensation. Ms. Wong is the author of an internet article entitled, “Defined Benefit Plans in an Era of Phased Retirement,” through the Society of Actuaries. Ms. Wong is also the co-author of an amicus curiae brief filed with the United States Supreme Court in the matter of Egelhoff v. Egelhoff, 121 S. Ct. 1322 (2001) which was ruled upon favorably. Ms. Wong regularly gives presentations on legislative issues surrounding retirement policy for organizations including the American Bar Association and the International Foundation of Employee Benefits Plans.

Ms. Wong is admitted to the New York State Bar and the District of Columbia Bar. She is also a member of the American Bar Association and the National Bar Association. Ms. Wong is a 1997 graduate of New York University School of Law where she also received a Master of Laws in Taxation. Ms. Wong received a Bachelors of Arts in Economics and African Studies from Yale University.

John L. Darr CPA, MT, is a Revenue Agent and a specialist with the Federal, State, and Local Division of the Internal Revenue Service. He received his CPA certification and license in Ohio in 1994 and his Master of Science in Taxation in 1996 from the University of Akron. Before joining the Internal Revenue Service, he was a tax manager at Ernst and Young, LLP and a CFO of a manufacturing company in Ohio. John is also a Senior Professional in Human Resources (SPHR) and familiar with the day to day operations that the payroll, human resources, and the fiscal officers must master on a day to day basis.

Lawrence Z. Lorber, a Partner in the Washington, D.C. office, is an experienced employment law practitioner who counsels and represents employers in connection with all aspects of labor and employment law. He advises employers with respect to equal employment opportunity issues, affirmative action, including Office of Federal Contract Compliance Programs and Department of Labor audits, wage and hour issues, employment aspects of corporate mergers and acquisitions, and employee discipline and the preparation of employee handbooks and human resource policies. He also advises clients with respect to government contract issues. Larry conducts employee investigations and advises clients with respect to Congressional and regulatory matters. He also represents employers and executives with respect to employment contracts and severance arrangements.

Larry has represented a wide variety of employers in all aspects of employment law, including trial and appellate litigation and employment restructuring. He argued the landmark Bourselan v. Aramco case in the Fifth Circuit regarding the extraterritorial reach of Title VII, and filed briefs in several landmark Supreme Court employment law cases, including Johnson v. Santa Clara County; Watson v. Ft. Worth Bank; Atonio v. Wards Cove Packing; Gunther v. Washington County; NLRB v. Detroit Edison and Circuit City Stores v. Adams. In 1995, Larry was one of five labor attorneys selected and approved by Congress as a member of the first Board of Directors of the Office of Congressional Compliance, the Congressional agency established to administer and adjudicate the Congressional Accountability Act, which applied eleven labor and employment laws, including the Fair Labor Standards Act, to the Congress. Larry represented the Society for Human Resource Management and the National Association of Manufacturers in the legislative activity leading to the passage of the Americans with Disabilities Act, was chief counsel to the Business Roundtable for the Civil Rights Act of 1991, and was counsel to the U.S. Chamber of Commerce for the Americans with Disabilities Act Amendments Act of 2008.

Larry was formerly the Deputy Assistant Secretary of Labor and Director of the Office of Federal Contract Compliance Programs during the Ford Administration. In this capacity, he issued the first regulations under section 503 of the Rehabilitation Act of 1973 and enforced Executive Order 11246, requiring affirmative action for federal contractors. In addition, Larry served as Executive Assistant to the Solicitor of Labor with special responsibilities in the areas of labor legislation, wage and hour, equal employment, and occupational safety and health. Larry also was Executive Assistant to Michael H. Moskow, Assistant Secretary of HUD for Policy, Development and Research, where he had special responsibilities for the Housing Policy Study of 1973 and for the operation of the HUD Research programs.

Larry frequently has testified before Congress on a wide variety of proposed employment legislation, including various employment and benefit initiatives, and has written on employment and discrimination issues. He also has appeared on the BBC, NPR, ABC and various radio and cable broadcasts.

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