506: Employment Law Basics

Transcription

1 ACC s 2013 Annual Meeting Tuesday, October 29 9:00 AM - 10:30 AM 506: Employment Law Basics Devin Doolan Partner Saul Ewing LLP Dani Gleason Assistant General Counsel - Labor and Employment Texas Children's Hospital William Davis Harn Senior Vice President & Senior Counsel City National Bank This material is protected by copyright. Copyright 2013 various authors and the Association of Corporate Counsel (ACC). Materials may not be reproduced without the consent of ACC or the copyright holder. Reprint permission requests should be directed to ACC s Legal Resources Department at legalresources@acc.com 1 of 44

2 Faculty Biographies Session 506 Devin Doolan Devin Doolan is a partner in the Business and Finance and Labor, Employment and Employee Benefits practices, resident in the Firm's Baltimore and Washington, D.C. offices. He represents employers in a broad range of labor and employment, litigation and business matters. Mr. Doolan's practice is national in scope. He represents employers before federal, state and administrative tribunals in labor and employment matters, including claims of wrongful discharge, unfair competition, discrimination, harassment, disability and leave violations, breach of contract, and wage and hour compliance. He negotiates and litigates disputes arising from non-compete, non-solicitation, trade secret, and confidentiality obligations. Mr. Doolan provides general employment and business counseling, drafts and negotiates employment contracts, restrictive covenants, separation agreements, and employment policies, and advises management on the employer-employee relationship, including workplace privacy, performance and management issues. He conducts internal investigations on various workplace matters. Prior to joining Saul Ewing, Mr. Doolan was an associate general counsel for a Maryland State agency, where he represented the State in disputes before the Equal Employment Opportunity Commission, the Maryland Commission on Civil Rights, the Department of Labor, Licensing and Regulation, merit systems boards, police trial boards, and state and federal courts. Mr. Doolan is a frequent speaker and writer on labor and employment matters. Dani Sanchez-Gleason Dani Sanchez-Gleason is a labor and employment attorney for Texas Children's Hospital, located in Houston, Texas. Her responsibilities include providing guidance on a variety of employment issues, including accommodations, leave issues, contingent workers, immigration matters, hiring and termination practices and wage and hour laws. Additionally, she is responsible for managing employment and other litigation. Ms. Sanchez-Gleason has also worked in-house for a software company headquartered in Houston. Prior to going in-house, Ms. Sanchez-Gleason belonged to the Labor & Employment group of Jones Day in Houston. While at Jones Day, she worked solely on labor and employment issues and litigation. She was actively involved in the firm's diversity committee, recruiting committee, and its pro bono programs. Ms. Sanchez-Gleason is an active member of the Houston chapter of ACC as a board member and co-chair of the chapter's Labor and Employment Practice Group. She also 2 of 44

3 founded and participates in the Mentorship Network which helps Latina attorneys find both mentorship and networking opportunities. Graduating with a BA from the University of Michigan- Ann Arbor, Ms. Sanchez- Gleason received her teaching certification from The University of St. Thomas and graduated with Honors from the University of Texas, School of Law. William Davis Harn Bill Harn is senior vice president, senior counsel for City National Bank the largest banking institution headquartered in Los Angeles, CA. As City National's chief employment law counsel, Mr. Harn has A to Z experience as an employment and labor law advisor and litigator. Mr. Harn has won several jury trials, many summary judgments and appeals in both state and federal court as well as numerous labor arbitrations. Before joining City National, Mr. Harn was a senior counsel with Southern California Edison and an associate with the law firm of Sheppard, Mullin, Richter Hampton. He served on ACC's Southern California Chapter Board of Directors and as chapter president. He is also a past chair of ACC's Employment Labor Law Committee and ACC's Council of Committees. He is an active alumnus of the University of the Pacific McGeorge School of Law in Sacramento, CA. 3 of 44

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40 Association of Corporate Counsel Annual Meeting - October 26-29, 2013 Los Angeles, California Session 506: BASIC EMPLOYMENT LAW Resource References General Treatise Materials (expensive but worth having at least one) The National Employer, ISBN ; Advising California Employer And Employees, ISBN ; Lib of Congress Control #: Call Continue Education of the Bar: Guide to Employment Law and Regulation, (Current through June 2013). Thompson Reuters The Developing Labor Law, 6 th ed., 2012 ISBN Bloomberg BNA, Covenants Not to Compete, A State-by-State Survey, 8 th Ed., 2012 Bloomberg BNA, Wage & Hour Treatises: Wage & Hour Manual for California Employers (Covers FLSA) ISBN: ; LOC COnrol #: Order at: Wage & Hour Guidelines/FAQs: California DLSE Policies & Procedures Manual: of 44

41 Top Ten Compensable Time Issues for Non-Exempt Employees Reducing Exposure to Wage and Hour Liability: Twelve Tips for 2012 April FMLA Materials: FMLA Workbook, National Employment Law Institute (NELI) 1601 Emerson Street, Denver, CO 80218; (303) FMLA Compliance Guidance Managing Family & Medical Leaves of Absence: Statutory Entitlement, Employer Commitments and Reasonable Accommodations, September 2012 (InfoPak) ADA Materials: Resolving ADA Workplace Questions (NELI) 1601 Emerson Street, Denver, CO 80218; (303) California Code of Regulations, Title 2, et seq. (Disability) California Code of Regulations, Title 2, et seq. (Pregnancy) ADA Compliance guidance: Practical Guide to Reasonable Accommodations Under the ADA October 2011 (See related Forms as well) of 44

42 General Employment and Labor Materials Go to Employment & Labor Practice Area to access over 2,000 articles, InfoPaks, TopTens, and sample forms. General Counsel Executive Summary of Employment Law in the U.S, January 2011 (A series of Guide to Doing Business in [State] primers can be found in the ACC Resource Center under research type Primers ) United States Immigration Law and Employer Compliance October 2012 (InfoPak) Affirmative Action Compliance September 2011 (InfoPak) The New Face of Union Organizing February 2013 (InfoPak) Sample Forms/Policies: Sample Separation Agreement & General Release April Release Agreement for Employee Over 40/Under 40 (California) August Personally Owned Mobile Device Policy July Employee Non-Disclosure, Non-Solicitation and Intellectual Property Assignment Agreement; May of 44

43 Employee Confidentiality and Proprietary Rights Agreement (California) Employee Invention and Trade Secret Agreement (California) May NLRB Compliant Social Media Policy July Sample Social Media Policy April Reasonable Accommodation Policy & Employee Request for Reasonable Accommodation and Reasonable Accommodation Agreement October Background Checks: Using Background Checks in Making Hiring Decisions March Criminal Background Checks 11 Months After the EEOC Guidance Webcast - March Top Ten State Background Check Issues April Check.cfm Legal Quick Hit Re: Background Checks (includes Matrix) August of 44

44 Termination & Severance Agreements Understanding Waivers of Discrimination Claims in Employee Severance Agreements Employee Termination Process and the Legal Department's Role April Employment Discrimination Responding to EEOC Charges of Discrimination May 2011 (InfoPak) Discrimination by Type Age Discrimination National Origin Discrimination Race/Color Discrimination Religious Discrimination Sex-Based Discrimination of 44