Now for the first time we have put together a special half-day update designed just for CPAs and accounting professionals.  In addition to an in-depth discussion of the tricky Nevada minimum wage and overtime law, learn about the multi-pronged attack that government agencies and plaintiffs’ lawyers are waging against employers who misclassify employees as independent contractors.

And of course our expert benefits attorney will provide attendees with up to date information on what they and their clients need to know about the Affordable Care Act.

Register and get more information here.  Or you can call Michele Pacconi at (702) 862-3808.

Not a CPA?  Watch for information about special breakfast briefings coming up in 2014 designed specifically for the Restaurant/Nightclub industry, the Health Care industry and the Construction/Homebuilder industry.

It is already time for our annual employment law seminar.  Never have there been more legal developments for employers to keep up with. The Las Vegas presentation takes place on May 2, 2013 at:

Tuscany Suites and Casino
255 E. Flamingo Road
Las Vegas, NV 89169

Click here to register or find about other seminar locations around the country.  This year’s topics and speakers at our Las Vegas presentation will be outstanding.  In addition to the very timely topics described below, don’t miss our lunchtime roundtable discussion on how to deal with wage and hour audits. We are very pleased to announce that Nevada Labor Commissioner Thoran Towler has agreed to be a member of our lunchtime roundtable.

For more information or registration questions, contact
Ilene Hasforth by phone at (702) 252-3131 or by e-mail at
ihasforth@laborlawyers.com

AGENDA

May 2, 2013

 

8:00 a.m. – 9:00 a.m.:     Registration and Breakfast

9:00 a.m. – 10:00 a.m.:   Session 1

Accommodations & the ADA: Practical Solutions to Real Workplace Challenges   

Mark J. Ricciardi, Esq. & Whitney J. Selert, Esq.

10:00 a.m. – 11:00 a.m.: Session 2

In Our Back Yard: Hot Topics on Nevada Specific Labor and Employment Law

David B. Dornak, Esq. & Anthony B. Golden, Esq.

11:00 a.m. – 11:15 a.m.: Break

11:15 a.m. – 12:15 p.m.: Session 3

Healthcare Reform for the HR Professional: What Do You Need to Know and Do? 

Callan G. Carter, Esq.

12:15 p.m. – 1:15 p.m.:  Lunch – Roundtable Discussion.  Wage and Hour Audits.

1:15 p.m. – 2:15 p.m.:    Session 4

Four More Years: The Future of Labor and Employment Law 

Whitney J. Selert, Esq. & Matthew T. Cecil, Esq.

2:15 p.m. – 3:15 p.m.:    Session 5

Your Action Plan: Ten Things to Do When You Get Back to Your Office

David B. Dornak, Esq. & Anthony B. Golden, Esq.

3:15 p.m. – 3:30 p.m.:    Break

3:30 p.m. – 4:30 p.m.:    Session 6

Sex, Lies and INVESTIGATE THIS!!

Scott M. Mahoney, Esq.

4:30 p.m. – 5:00 p.m.:    Final Questions and Adjourn

Resolution #1:  I Will Self Audit Our Company’s Wage-Hour Practices

According to its strategic plan, the Wage and Hour Division of the US Department of Labor will continue to aggressively pursue employers who:

• Fail to pay overtime where required
• Improperly consider employees to be exempt from overtime
• Misclassify employees as independent contractors

Being snagged on wage-hour violations hurts, not just because it ends up costing money but also because a vigilant company can discover these types of problems fairly easily. Trying to root out harassment or embezzlement can be difficult because those activities are frequently done surreptitiously.  On the other hand, HR and company management can easily find out if there are wage hour problems by looking at payroll records, employee duties and hours worked.  There is little excuse for being surprised by the findings of a DOL audit.

The idea of a self audit is to do what the DOL would do if it showed up for an audit—but do it yourself now while you have time to correct mistakes or reconsider the risky things you have been doing on purpose. Self audits can be done by your employment attorneys. They can also be done in house –we’ve taught lots of clients how.

For a refresher on the Fair Labor Standards Act, read this booklet and this booklet.  For up to date wage-hour information and developments follow the Fisher & Phillips Wage and Hour Law Blog.

Resolution #2:  I Will Review Our Company’s Social Media Policy

Of course you must first be sure that have a social media policy.   No company can afford to be without one. It does not need to be extensive but it must be carefully written because last year the NLRB issued a number of rulings that create a confusing minefield.  Here is a report issued by the NLRB last year, which summarized the cases decided by the NLRB though the first half of 2012.  Note that at the end of the report there is a social media policy that the General Counsel of the NLRB found to be completely legal!  Resist the urge to simply adopt it verbatim—you should still tailor it to your operation and run it past your labor lawyer.

Resolution #3:  I Will Take Steps to Union Proof Our Company

Unless you have been living under a rock you know that the NLRB, packed with union leaning appointees, last year tried to:

•  Force every employer to post a notice informing its employees of the their right to join a union.
• Change the rules so that employers can be ambushed with a union election on 14 days notice.
• Require all employers to publicly thank unions for all they have done for society (OK maybe the NLRB didn’t actually try to do this but you know they really wanted to).

Meanwhile the DOL tried to amend its regulations to require  your labor attorneys to file reports telling the government how much you paid to them for helping keep you union free.

These initiatives did not come to fruition but expect them to be reintroduced this year.

To begin the union proofing process, start by learning the basics about the law of union organizing by reading this booklet on the union organizing aspects of the National Labor Relations Act. Also read this booklet on unfair labor practice liability under the National Labor Relations Act.

Then perform a union vulnerability audit on your own or with the help of your labor attorney. Start by using this tool.   Many of our clients have made changes based on the audit results and those changes have helped insulate companies from union organizing.

Resolution #4:  I Will Schedule Management Training

When times are tough training budgets are one of the first things to go.  Times are still tough but the aggressive government enforcement agenda makes training too important to continue to ignore.  What to cover?  At a minimum you must conduct a refresher on harassment and discrimination prevention.  In the early years such training lasted several hours.  It still warrants time but you can really cover the basics in less than two hours.  Use that extra time to cover union awareness.  That means you educate supervisors and managers about unions and how to spot the early warning signs of union organizing.  That training must also cover “Management 101”.  In that segment supervisors and managers will learn good communication skills and how to properly use progressive discipline.  It should be everyone’s goal after the training to make the workplace so comfortable that your employees would never even consider bringing in a union.  Bonus:  those same management techniques learned in the training will reduce employment claims and make it easier to successfully defend employment claims.  Do the training in house, use your labor attorney, or use some combination of the two.

Resolution #5:  I Will Eat Less Meat and Dairy and More Fruits and Vegetables

Oops, sorry, this one belongs on a different resolution list.  But while we’re on the topic this resolution has nothing to do with animal rights—just living longer and healthier.  Don’t believe me–check out this documentary.

The Real Resolution #5:  I Will Review the Effects of Obamacare on the Company’s Benefit Plans

You will likely need help with this one.  Here is a basic timeline for compliance with the Affordable Care Act.  We’ve walked many clients through the maze.  Using a qualified law firm is best but a consultant can also work well but you must be careful when the consultant you are relying on also sells or brokers insurance products.  The good vendors will remind you, (usually in the fine print) to check with your own benefits attorney.

I hope this list of resolutions is helpful and I would appreciate it if you could post any of your own suggestions in the comments section.

#9       Your Lawyer’s Firm Lacks Expertise in Benefits and Immigration Law

 

Even the best labor/employment lawyer cannot also be an expert in benefits law.  Lawyers who practice benefits law must be conversant in tax law and operate in a very specialized area. Whether your company is big or small you need a benefits expert at your disposal—especially in the face of the new world according to Obamacare.    Many labor/employment attorneys can advise on routine I-9 issues but for anything involving visas and work permits for your employees, you need a firm that contains immigration experts.  Be sure your lawyer has benefits and immigration experts to back him up.

#10     Your Lawyer’s Expertise has Not Been Confirmed by Peer Reviews

 

Word of mouth and advertisements can be a starting point to learn about qualified labor/employment attorneys—but they are just starting points.  Be sure your lawyer has the highest peer rating available from a reputable organization.  You want to be sure that other lawyers practicing in the field have confirmed that your lawyer is of the highest caliber.  The two biggest peer rating firms are Martindale Hubbell (look for the AV rating), and Best Lawyers in America (no ratings—just look for the inclusion of your lawyer).  For ratings that reflect both peer and client input, look at Chambers and Partners (look for an individual lawyer placement in Band 1).  Use caution when you see lawyer ratings in some local magazines.  Some but not all local publications support the law firms that spend hefty advertising dollars.  None of the three rating services described above operate that way.

Use the ten benchmarks set out above to confirm that your lawyer has what it takes to give you the best advice and representation possible.  Feel free to add a comment with other factors you consider important in choosing a labor/employment attorney.