Employment Law in the 2019 Landscape: Trends, Developments and What Lies Ahead
As the employment law landscape, both in the U.S and Canada, evolves at a dizzying pace, the enforcement and compliance trends in this area are also undergoing immense changes. Hence, creating an exponential increase in the risks and challenges that employers, employees and fiduciaries face and need to address. An informed outlook and an in-depth understanding of the changes and challenges are necessary in the development of effective strategies and remedies to imminent compliance issues.
Listen as a panel of distinguished thought leaders organized by The Knowledge Group provide the audience with an overview of employment law in the 2019 landscape. Speakers, among other things, will also offer helpful insights on mitigating risks and keeping up with the latest trends and developments in this rapidly evolving legal and regulatory landscape.
This LIVE Webcast will discuss the following key provisions:
- U.S. and Canadian Employment Law: Then and Now
- Recent Updates and Case Law Rulings
- Enforcement Trends and Developments
- Compliance Issues and Mitigating Risks
- The Future of Employment Law
Philip Wolfenden, Partner
Shields O'Donnell MacKillop LLP
- Legalization of Recreational Cannabis in Canada
- Canada legalized cannabis nationwide on October 17, 2018
- With that, there are variety of cannabis-related issues that may arise in the workplace and steps employers can take to ensure their workplaces are able to respond accordingly.
- Enforceability of Termination Clauses
- The case law on the enforceability of termination clauses in employment contracts continues to evolve with two recent decisions from Ontario’s Court of Appeal
- What is the impact of these two decisions on the enforceability of your termination clauses?
- Benefit Entitlements for Employees over age 65 in Ontario •
- In a ground-breaking decision, Ontario’s Human Rights Tribunal held that section 25(2.1) of the Human Rights Code violated the Canadian Charter of Rights and Freedoms.
- The decision has implications for employers who provide extended health, medical and dental benefits to employees in Ontario and who have workers age 65 and over, as section 25(2.1) of the Code effectively allowed employers to discontinue benefits for workers age 65 and over without risking a finding that the practice was discriminatory.
- Arbitration Clauses in Employment Agreements •
- In Heller v Uber Technologies Inc the Ontario Court of Appeal held that an arbitration clause in Uber’s contractor agreements was unenforceable as it amounted to an illegal contracting out of the provincial employment standards legislation.
- What does this decision mean for arbitration clauses in employment and/or contractor agreements going forward? How can arbitration clauses survive judicial scrutiny?
Jennifer Raphael Komsky, Partner
Levinson Arshonsky & Kurtz, LLC
- Employment Classifications
- Independent Contractor vs. Employee
- Exempt vs. Non-Exempt
- Importance of Job Descriptions
- For support of exempt classifications
- During accommodating disabilities and the interactive process
- Trends in Sexual Harassment in the #MeToo era
- Legal Updates
- Workplace Investigations
- Training and other preventative measures
- Importance of Documentation for Employee Discipline
- Techniques and Tips
Chandra C. Davis, Partner
The Employment Law Solution: McFadden Davis, LLC
- Paid Sick Leave Trends
- Marijuana in the Workplace (medicinal v. recreational)
- Regulatory Protections for Gig Workers
Who Should Attend:
- Labor and Employment Lawyers
- Senior Human Resource Executives
- In-house Counsel
- HR Counsel
- HR Personnel
- Private and Public Companies
Phil is a partner with SOM, practicing in all areas of labour and employment law, including human rights, employment standards, worker’s compensation and wrongful dismissal litigation. He has particular expertise in advising manufacturers across many types of businesses, including automotive, construction, food processing, and furniture. He also represents a number of Ontario municipalities. Phil has extensive business and human resources experience having been the Vice-President of Human Resources and in-house labour and employment counsel at Magna International during his career. Immediately prior to joining SOM, Phil was a partner in a prominent national law firm.
Phil is regularly called upon to offer his expertise in the area of progressive employee relations, and in this regard, is utilized to conduct workplace mediations, investigations, training, and employee surveys. Phil assists his clients with presenting a variety of training programs including sexual harassment, investigations, discipline, social media, and absenteeism.
He also has a very active litigation practice with extensive experience before labour arbitrators, the Labour Relations Board, the Ontario Human Rights Tribunal, and WSIAT.
Phil obtained his LL.B from the University of Windsor and holds a B.A. in Economics and Geography from Colgate University in Hamilton, New York. He was called to the Ontario Bar in 1978 and is a member of the Ontario Bar Association. In his limited spare time, Phil enjoys skiing and became a Director of the Greater Toronto Hockey League after coaching AAA minor hockey for many years.
Phil is a partner with SOM, practicing in all areas of labour and employment law, including human rights, employment standards, …
Jennifer is an employment law specialist, representing employers in all phases of litigation before State and Federal Courts as well as administrative agencies, including the Division of Labor Standards Enforcement, the Department of Fair Employment and Housing, the Department of Labor, and the Equal Employment Opportunity Commission. She serves as a reliable advisor to human resource professionals and business owners, providing ongoing counseling and guidance on company policies and personnel matters. She also conducts workplace investigations and provides training to individuals and large groups in areas of sexual harassment, discrimination, retaliation, employee classification, disability accommodation, and wage and hour compliance.
Jennifer received her Juris Doctorate degree from the University of the Pacific McGeorge School of Law in 1997. She attended the University of California at Santa Barbara where she obtained her Bachelor of Arts degree in Sociology in 1994. Jennifer was admitted to the State Bar of California in 1997 and is admitted to practice in all districts in California for the United States District Courts and the 9th Circuit Court of Appeals.
Jennifer’s experience in all aspects of employment law covers virtually every industry, including non-profits and businesses ranging from small, family-run companies to nationwide and global corporations.
Jennifer is an employment law specialist, representing employers in all phases of litigation before State and Federal Courts as well …
Chandra C. Davis is a co-founding partner of ELS and has been practicing employment law for over 16 years. She has extensive experience as a management side lawyer and as a Trial Attorney for the EEOC. At the EEOC, Ms. Davis served as first chair in over 25 litigation matters on behalf of the Commission and managed investigative files for over 250 Charges for the purpose of recommending the initiation of litigation in connection with various civil actions. Chandra is an effective negotiator, mediator, labor and employment law advisor, trainer and litigator. She is registered with the Georgia Commission on Dispute Resolution and has mediated a variety of employment matters at the Agency and litigation stages. Chandra has developed training programs for the EEOC and multi-national corporations.
Before joining the EEOC, Ms. Davis practiced law at McGuireWoods, where she handled employment matters on behalf of Fortune 500 companies, including all aspects of federal litigation, extensive work drafting position statements in response to EEOC Charges, completing internal investigations, and developing a 200-page ethics and compliance internal investigation manual and training for an international client with more than 40,000 employees. These unique experiences have also helped Ms. Davis as an effective mediator, able to evaluate the strengths and weaknesses in cases and determine the potential value of a case.
Ms. Davis served as a law clerk to the Honorable Roger L. Gregory, United States Court of Appeals for the Fourth Circuit and the Honorable Vanessa D. Gilmore, United States District Court for the Southern District of Texas. Ms. Davis earned her law degree from the University of Michigan Law School where she served as an editor of the Michigan Law Review.
Chandra C. Davis is a co-founding partner of ELS and has been practicing employment law for over 16 years. She …
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Method Of Presentation:
General knowledge of employment laws
NY Category of CLE Credit:
Areas of Professional Practice
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About Shields O'Donnell MacKillop LLP
Shields O’Donnell MacKillop LLP is a boutique employment and labour law firm. Our senior lawyers have more then 100 years of collective experience in advising employers on workplace issues.
Areas of Practice
At Shields O’Donnell MacKillop LLP we provide advice on a broad range of employment and labour law issues including: wrongful dismissal, just case and reasonable notice, fiduciary obligations of departing employees, stock options and bonus plans, collective agreement, interpretation, unfair labour practices and applications for certification, workers compensation, Occupational Health and Safety, Pay Equity and Employment Standards obligations.
Our lawyers have extensive experience in civil litigation, labour and arbitration proceedings. We regularly appear before the Superior Court of Justice and the Ontario Court of Appeal, Divisional Court, Board of Arbitration, Board of Referees, WCAT, the Human Rights Tribunal of Ontario and the Ontario Labour Board. We represent senior executives and long service employees with respect to the enforcement of their common law and contractual rights.
Why Are We Different?
We have confidence that we can resolve your dispute on the best terms possible and in the most favourable manner. We apply a practical approach and we have been successfully mediating disputes for a long time. If we are required to litigate a case, our advocacy skills are well respected in the legal community and our success ratio is very high.
The lawyers at Shields O’Donnell MacKillop LLP conduct themselves in a highly professional and courteous manner and our reputation as experienced, ethical and highly skilled counsel is consistent throughout the legal community. Simply put, we have experience, we know how and when to settle a case and we are respected by the legal community for our legal skills and our professional ethics.
About Levinson Arshonsky & Kurtz, LLC
Levinson Arshonsky & Kurtz, LLP is an AV-rated law firm dedicated to serving the needs of our clients. LA&K produces excellent legal products with effective results at a reasonable cost. LA&K represents clients in most aspects of their business operations. We have a broad client base ranging from individuals to small to mid-sized companies to Fortune 500 companies.
LA&K maintains the highest standards of integrity, communications, service, expertise and creativity in tackling the legal problems, which our clients commonly face. Telephone calls are always returned within 24 hours. We pride ourselves on our clients’ accessibility to us.
About The Employment Law Solution: McFadden Davis, LLC
ELS is a boutique employment law firm focusing on serving business clients. ELS attorneys provide proactive strategies to minimize risks and pragmatic solutions to resolve issues.
ELS employment law advisors and litigators rely on decades of combined experience in all aspects of employment law matters. ELS attorneys trained at the nation’s top law schools and served as law review editors and leaders of student groups. ELS partners’ experience as law clerks to federal judges provided a unique opportunity to observe how judges handle employment law and other litigation matters. During tenures at large law firms, ELS partners advised and represented Fortune 500 companies throughout the country and served as go-to employment counsel for midsize companies. ELS attorneys gained significant experience while working on behalf of the EEOC as well as in private practice with smaller firms, advising and representing individuals pursuing employment discrimination, harassment and retaliation claims.