Join Saul Ewing's Labor & Employment attorneys for an annual all-day virtual conference that will address the following trends and challenges in the evolving workplace:
- Artificial Intelligence in the Workplace
- Update on Joint Employer Tests
- Are Non-Competes Dead, Alive, or on Life Support? Where Non-Compete and Other Restrictive Covenants Stand in Light of the FTC's Final Rule Injunction
- The Battle over DEI
- Staying Current on LGBTQ+ Issues Affecting the Workplace
- Properly Addressing Politics in the Workplace
- Tips and Strategies when Implementing a RIF
The content of this webinar is intended for human resource professionals and in-house general counsel.
Event questions? Contact Chris Lautenbacher
Credit Information
CLE: Applications are pending for substantive credits in California, Delaware, Florida, Illinois, Minnesota, New Jersey/New York, Pennsylvania, and Virginia.
HRCI / SHRM: Applications are pending for HRCI and SHRM.
Credit Questions? Contact Liz Jarmer
Program Overview
Are Non-Competes Dead, Alive, or on Life Support? Where Non-Compete and Other Restrictive Covenants Stand in Light of the FTC's Final Rule Injunction
Saul Ewing attorneys Alex Reich and Jason Tremblay will discuss the status of non-competes and other restrictive covenants in light of a federal court's nation-wide injunction of the FTC rule. Topics will include the status of any pending appeal surrounding the injunction of the FTC final rule, efforts by states and other agencies to ban or reduce enforceability of non-competes, and practical next steps for employers to make the most of restrictive covenant agreements.
Update on Joint Employer Tests
Under the joint employment doctrine, an employee formally employed by a primary employer may be deemed constructively employed by a separate secondary joint employer if that secondary employer exercises sufficient control over the employee's terms and conditions of employment. Joint employer status may be used in some cases to determine whether an employer meets the minimum threshold for coverage under certain employment laws, such as Title VII or the FMLA. The implications and risks of being a joint employer vary by statute and jurisdiction, but may include substantive liability as an employer or joint and several liability for unfair labor practices committed by the other employer.
The joint employer analysis can be complex because the definitions of "employer" and "employee" differ among various federal and state employment statutes, and because courts interpreting those definitions often apply different standards under federal and state law. To help employers understand issues relating to joint employment status, this presentation will provide an overview of joint employment liability; the various tests for determining joint employer status; and best practices to follow when there is a risk of being deemed a joint employer.
The Battle over DEI
Diversity, Equity, and Inclusion (DEI) programs have been a growing part of the corporate world and have opened doors to countless people from different backgrounds. However, spurred on by the U.S. Supreme Court’s 2023 ruling in Students for Fair Admissions v. Harvard, interest groups and politicians have begun targeting DEI programs as discriminatory against non-minority groups. However, the laws surrounding DEI in the workplace have been settled for many years and are unaffected by the SFFA ruling. In this segment, we intend to address the recent trend of anti-DEI litigation and activism and identify ways that employers who value their DEI programs can pursue their same goals of promoting equality, fairness and diverse ways of thinking, while recognizing and minimizing risk.
Staying Current on LGBTQ+ Issues Affecting the Workplace
We will discuss LGBTQ+ issues in the workplace, including the historical background and the changing nature of what employers must do, can do, and cannot do. The presentation will also give an overview of what employers should know about DEI workplace policies and their interplay with LGBTQ+ issues.
Properly Addressing Politics in the Workplace
With a presidential election quickly approaching, employers can expect political discussions to become more prevalent in the workplace. Join Ruth Rauls and Jake Tosti for a timely presentation that examines key legal considerations and best practices for managing political expression at work while maintaining a productive and respectful environment.
Tips and Strategies when Implementing a RIF
This presentation will focus on steps that employers can take with their workforces in times of economic hardship, with a focus on reductions in force (“RIFs”). Topics will include the mechanics of a RIF, avoiding potential liability under federal and state WARN laws, avoiding scenarios in which RIFs have a disparate impact on particular classes of employees, and fashioning effective separation agreements in the RIF context.
Artificial Intelligence in the Workplace
The presentation will cover trends and issues at the intersection of AI and employment law, including an exploration of how already existing laws, such as the ADA, impact the deployment of AI in the workplace, EEOC guidance and enforcement, recently passed laws that address algorithmic decision-making and discrimination, and a discussion of governance best practices when implementing AI systems in the workplace to ensure compliance with employment laws and ethical standards.
