FMLA/ADAAA Compliance: Practical Guidance for Employers in 2015 and Beyond
Although the Family Leave Medical Act (FMLA) was enacted in 1993, employers are still attempting to correctly apply the law and to cope with the on-going regulatory changes. The Americans with Disabilities Act Amendments Act (ADAAA) significantly expanded the scope of disability discrimination protection afforded to employees and job applicants to strike a balance between employer and employee interests. It overturned many prior court decisions, but created additional burdens for employer compliance.
Speakers will review recent court cases and regulatory guidance to help you avoid practices currently being targeted for future ADA and FMLA lawsuits. They will also highlight the FMLA / ADAAA compliance challenges that employers face when obtaining and reviewing medical information and dealing with returning employees.
A panel of key thought leaders and practitioners assembled by The Knowledge Group will discussion the latest updates and current issues surrounding Family and Medical Leave Act (FMLA) and The Americans with Disabilities Act Amendments Act (ADAAA) Compliance. This LIVE webcast aims to help employees and employers avoid common pitfalls and risk issues with respect to FMLA / ADAAA compliance requirements.
Key topics include:
- FMLA and DOL Strategic Enforcement Initiatives
- Management of Employee Leave - Risks and Pitfalls
- Disability Compliance Requirements
- FMLA and ADAAA Compliance
- FMLA and State Leave Laws
- Statutory Paid Leave
- Privacy and Confidentiality
- Disability & Workers’ Compensation
- Compliance and Employee Challenges
- Reasonable Accommodation Strategies
Beth Brascugli De Lima, SPHR-CA, SHRM-SCP, Founder and Principal
HRM Consulting, Inc.
- How to Control Intermittent FMLA Abuse and Avoid Stressing Yourself, Supervisors and Coworkers
- The Importance of FMLA to ADAAA Transitions in avoiding Costly Litigation
- Mastering the Undue Hardship Analysis and Good Faith Meeting Process
- The 3 keys to Preventing Medical Leave/ Accommodation Lawsuit You Can't Win
- The 2 Pitfalls of Free (and most other) FMLA forms
Sheryl Willert, Member
- What should an employer do with info learned from any source that contradicts the stated reasons for ADAAA/FMLA leaves
- How should employers handle discipline and/or performance issues when an employee suddenly goes out on FMLA leave
Valerie Bluth, Attorney
Ellenoff Grossman & Schole LLP
- State-specific interactions with FMLA and ADA
Walter J. Brand, Member
Watkins & Eager
- No-fault attendance systems
- Maximum-time-on-leave policies
- Accommodations related to pregnancy
- Communications with providers---FMLA vs. ADAAA (authentication/clarification, second/third opinions vs. essential functions and direct threat analyses)
- Employer knowledge of SHC or impairment and interactive process
Who Should Attend:
- Employment and Labor Lawyers
- Case Management
- Disability Management Specialists
- Absence and Disability Management
- Human Resources/Benefits Professionals
- Workplace Accommodation
- Risk and Litigation Professionals
- Workers’ Compensation Professionals
- Multinational Companies
- Private and Public Companies
- Other Related & Interested Professionals
Ms. De Lima provides consulting and live or digital training for organizations and litigation support and expert testimony as an HR Expert Witness. Ms. De Lima specializes in helping companies understand and comply with various personnel regulations and issues in the complicated realm of human resources management. She developed the LeaveManagementSolutions.comwebsite to assist employers in complying with the FMLA, ADA and Pregnancy Disability Regulations. This website has all the resources Leave Administrators need to save time and money while reducing the stress of managing leaves and accommodations.
Plaintiff and defense attorneys respect Ms. De Lima’s experience in Medical Leave and other HR areas, as well as, vocational rehabilitation matters from both the employee and employer perspective. Her expert testimony is used in cases involving ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act), PDL, sexual harassment, discrimination, wrongful termination and retaliation.
Ms. De Lima provides consulting and live or digital training for organizations and litigation support and expert testimony as an …
Sheryl Willert is a member in the firm’s Seattle office. Ms. Willert concentrates her legal practice on counseling, investigations and dispute resolution. She has broad experience in all aspects of employment law for unionized and nonunionized employers in both the public and private sectors. A national speaker and author on such topics as sexual harassment, age discrimination, and race discrimination, Ms. Willert has successfully represented individuals and corporations in such matters. Additionally, Ms. Willert has represented clients in matters involving professional negligence, product liability, personal injury, contracts, and civil rights.
Ms. Willert is a past president of DRI-The Voice of the Defense Bar, the nation’s largest association of civil litigation defense attorneys. She is also the organization’s first female and first African-American officer. Ms. Willert currently serves as chair of the National Foundation for Judicial Excellence, is on the KeyBank advisory board and is a member of the Federation of Defense & Corporate Counsel, the American Bar Association, the National Bar Association, the American College of Trial Lawyers and the Litigation Counsel of America. She is a frequent speaker for DRI, the National Employment Law Institute, the American Bar Association and many state and local organizations. Ms. Willert has also published a number of articles on employment related issues, and has been named to Super Lawyers by Super Lawyers magazine every year since the publication began its annual review of Washington’s top lawyers in 1998. Ms. Willert was also named a “Top Lawyer” in Labor Law by Seattle Magazine in 2003 and has been selected by her peers to be listed in The Best Lawyers in America for more than 15 years.
In 2007, Ms. Willert was designated by the Puget Sound Business Journal as one of the region’s “Women of Influence,” a recognition of women in commerce, service and philanthropy. In 2009, DRI-The Voice of the Defense Bar, the nation’s largest organization of civil defense attorneys, renamed its Pioneer Diversity Award after Sheryl J. Willert. The award, now known as the Sheryl J. Willert Pioneer Diversity Award, recognizes an individual attorney for his or her demonstrated commitment to diversity in the legal profession. In 2010, Ms. Willert was honored as one of the Women of Power in Law at the Women of Color Empowered event hosted by the Northwest Asian Weekly Foundation. In 2011, Ms. Willert received the Loren Miller Bar Association’s Pioneering Woman Award, presented to African-American female attorneys who are trailblazers in the legal profession. In 2013, Ms. Willert was named to On Being A Black Lawyer’s Power 100 list, a compilation of the nation’s most influential black attorneys working in government, academics, and both the private and public sectors. Also in 2013, USLAW Network recognized Ms. Willert for her dedication and service to the organization with the O’Hagan Award. Recently, Ms.
Willert served as a member for the Standing Committee on the Federal Judiciary: Practitioners Reading Group for the appointment of Justice Elena Kagan to the U.S. Supreme Court. In 2014, Ms. Willert received the Washington Most Powerful and Influential Women Award from the National Diversity Council.
Ms. Willert received her B.A. degree with distinction from Duke University in 1975 and her J.D. degree from Vanderbilt University in 1978.
Sheryl Willert is a member in the firm’s Seattle office. Ms. Willert concentrates her legal practice on counseling, investigations and …
Valerie J. Bluth is a member of the Labor & Employment practice group at Ellenoff Grossman & Schole LLP. Ms. Bluth represents clients in all aspects of employment law, including claims asserted under Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family & Medical Leave Act, the Fair Labor Standards Act, the New York Labor Law, the New York State Human Rights Law and the New York City Human Rights Law, in federal and state courts and before administrative agencies. Ms. Bluth also regularly advises clients regarding employment discrimination and harassment, wage and hour compliance, employment policies and practices, unemployment insurance and Workers’ Compensation claims, internal investigations, reasonable accommodations, leave of absence management, terminations and disciplinary actions, labor-management relations, grievance processing, collective bargaining agreement interpretation and application, alternative dispute resolution and a variety of other workplace issues. Additionally, Ms. Bluth routinely drafts employment, restrictive covenant and non-disclosure agreements as well as employment policies and employee handbooks, and develops and presents training programs for managers and staff regarding various principles of workplace law. She also represents clients in traditional labor matters, including labor arbitrations and National Labor Relations Board proceedings. Ms. Bluth has represented and advised both small businesses and large corporations, in both unionized and non-unionized settings, in the hospitality, real estate, analytics, startup, advertising, automotive, retail, information technology, luxury brand, cosmetics, journalism, and healthcare industries as well as in the nonprofit, education and municipal sectors. Ms. Bluth received her Bachelor of Science degree from Cornell University’s School of Industrial and Labor Relations and her Juris Doctor degree from Fordham Law School.
Valerie J. Bluth is a member of the Labor & Employment practice group at Ellenoff Grossman & Schole LLP. Ms. …
Walter J. Brand heads the Employment and Labor Practice Group at Watkins & Eager PLLC, where he has defended employment litigation for more than twenty years. Walter approaches his practice with the view that successful defense of employment claims begins long before a lawsuit is filed and turns upon several separate processes: fair, accurate and documented handling of personnel actions based on updated employer policies; cogent explanation of employer action before administrative agencies which is consistent with documented employer business decisions; and nuanced discovery, evidentiary and legal strategies designed to efficiently position cases for successful resolution by motion or trial.
Walter represents employers across numerous economic sectors, including in the automotive, poultry processing, propane, banking, financial, physician, hospital and medical service industries. He is rated AV by Martindale Hubbell and is consistently recognized in the area of employment litigation defense in Best Lawyers, Chambers & Partners, and Super Lawyers. He is a member of the American Employment Law Council and regularly serves as an instructor and contributing author on human resources administration and employment litigation topics before legal education and industry audiences.
Walter J. Brand heads the Employment and Labor Practice Group at Watkins & Eager PLLC, where he has defended employment …
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About HRM Consulting, Inc.
HRM Consulting, Inc. has provided FMA and ADA consulting services for over 22 years including HR & Medical Leave and Accommodation Consulting, Training, Checklists and Tools to organizations all over the US. Ms. De Lima also provides Certified Internal HR Investigation training - both online and live, advanced one-on-one certified trainings are available; as well as Online Leave/Accommodation Training for Managers - both standard and customized to include your policies, procedures and specific employment contacts.
The LeaveManagementSolutions.com website has all the resources Leave and Accommodation Administrators need to save time and money while reducing the stress of managing leaves and accommodations.
About Williams Kastner
Williams Kastner has been serving clients in the Pacific Northwest since 1929. With more than 60 attorneys in offices in Washington and Oregon and affiliated offices in Shanghai, Beijing, Hong Kong, Kunming and Shenzhen, Williams Kastner offers global capabilities and vision with a local sensibility. Williams Kastner is dedicated to advancing the business and personal objectives of their clients.
Williams Kastner’s clients are a mix of local, regional, U.S. and international entities that includes industrial and commercial companies, financial institutions, private funds, government entities, educational institutions, charitable and cultural organizations, individuals, estates and trusts. Williams Kastner has served as national counsel for multinational Fortune 500 companies and through our strategic alliance with Duan & Duan in China, provide seamless legal counsel throughout the world.
About Ellenoff Grossman & Schole LLP
Ellenoff Grossman & Schole LLP is a New York City-based law firm comprised of over 65 attorneys, offering its clients legal services in a broad range of business related matters. Founded in 1992, the Firm specializes in many areas of commercial law: Litigation, Labor & Employment, Employment Benefits/Executive Compensation, Corporate, Securities, Real Estate, Broker-Dealer Regulation, Private Investment Funds, Intellectual Property, Tax and Estate Planning. The philosophy of the Firm is to provide the highest quality legal advice and counsel, dedicating consistent, personalized attention to each client. Due to the Firm’s significant experience and expertise in the areas of practice in which we specialize, the firm can provide greater efficiency of service and, consequently, reduced actual time and expense to its clients. Members of the Firm also contribute substantial amounts of time to assist charitable organizations in the fulfillment of their missions.
The Labor and Employment Law Practice Group has extensive experience assisting clients in the United States and around the world to ensure compliance with all applicable U.S. federal and state labor and employment laws. The Firm’s attorneys have litigated virtually every type of labor and employment claim in state and federal courts as well as before administrative bodies, such as the EEOC, New York State Division of Human Rights, NLRB and Department of Labor and also specializes in drafting and negotiating employment contracts, handbooks and policies and advising on the labor aspects of corporate transactions. Working on its own and in tandem with our other practice groups, the Labor and Employment Law Practice Group’s goal is to provide clients with high-quality and efficient legal services by experienced labor relations and employment law attorneys. The Labor & Employment Group is dedicated to learning each client’s industry and business objectives in order to formulate the appropriate legal and business strategies necessary to solve complex labor and employment issues, vigorously litigate cases, and counsel clients to avoid or minimize personnel problems that can result in costly litigation.
About Watkins & Eager
Established in 1895, Watkins & Eager PLLC is a full-service, diversified law firm specializing in a multitude of practice areas. These areas include an extensive real estate, banking, corporate, labor and employment and business practice, as well as the firm’s broad trial and appellate practice. The firm is privileged to represent banking and financial institutions, manufacturers, oil and gas companies, pharmaceutical companies, commercial real estate developers, health care providers, investors, insurers, institutions of higher learning, and governmental agencies at the municipal, county, state and federal levels.
The firm’s lawyers are members of prestigious professional organizations, including the American College of Trial Lawyers, American Academy of Appellate Lawyers, American Board of Trial Advocates, American College of Labor and Employment Lawyers, American College of Mortgage Attorneys, American College of Trust and Estate Counsel, and the Product Liability Advisory Council.
Creativity, critical thinking, dedication, excellence, experience, and responsiveness are the touchstones of the firm’s practice. Watkins & Eager possesses the skills and the commitment to responsibly address complex legal problems and is dedicated to building relationships and going beyond what clients ask of them. Located in the heart of Downtown Jackson for over 120 years, the firm honors its heritage and is committed to the future prosperity of the entire community.