Susan Fahey Desmond is a Principal in the New Orleans, Louisiana, office of Jackson Lewis P.C which has offices in 59 cities across the country. She has been representing management in the area of labor and employment law since her graduation from the University of Tennessee School Of Law. She is a frequent speaker and author on a number of labor and employment issues. She is named in Best Lawyers in America and has been named by Chambers USA as one of America's leading business lawyers for labor and employment law.
Broken promises lead to breach of contract claims. Employers use handbooks to show that they have provided valuable information to their employees and that they have been clear in the rules that employees must follow. They are invaluable tools if used correctly. But is your handbook giving employees a legal contract claims they might not otherwise have? How can you avoid this situation?
The purposes and the scope of employee handbook policies and the practices are changing and expanding.From a siloed HR activity that creates insular documents concerned primarily with communicating the organizational work rules and benefits, employee handbook policies and practices have evolved into a critical component of an organization-wide management process that maximizes organizations' achievement of business objectives, enhances the value of their human capital, and minimizes legal risk.
Employers who use social media will find that they may be violating rules under the Financial Industry Regulatory Authority (FINRA), regulations from the Federal Trade commission, the Genetic Information Nondiscrimination Act, the National Labor Relations Act, the Health Insurance and Portability Act, and state security requirements, and many other laws.
The webinar will cover how to determine exemptions under the DOL's regulations and what the DOL will look for during an audit or investigation. In addition to the three most commonly used exemption - managerial, administrative, and professional, we will cover other exemptions such as the computer professional and the Motor Carrier Act.
The webinar will cover a host of issues concerning when employers' rights in investigating their employees' conduct conflicts their employees' right to privacy. Can you search your employee's desk or locker? Can you search your employee's briefcase/purse? Can you search emails or monitor voice mails? What about video monitoring? What about that GPS tracker you have under those who are out in the field? What investigatory techniques can you use to investigate possible fraudulent workers' compensation claims or possible abuse of your leave policies? When can your investigatory techniques land you in court (or have landed other employers in court)?
The pay gap between men and women currently stands at around 77% and it has been this way since the early 80s. Why has there been no progress since? President Obama believes it is because enforcement has not been aggressive enough. After all, this pay gap must mean pay discrimination is out there.