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Sixth Annual Labor & Employment Conference for Healthcare Professionals

Breazeale, Sachse & Wilson, L.L.P. presents the Sixth Annual Labor & Employment Conference for Healthcare Professionals, focusing on new or recurring issues and concerns that executives, managers, and human resources professionals face daily in the healthcare industry. HRCI and SHRM credit is available.

Location

L'Auberge Casino & Hotel Baton Rouge

777 L’Auberge Ave, Baton Rouge, LA 70820

Date and Time

August 21, 2024

8:30am - 3:30pm

Costs

$95.00 per attendee

$35.00 per sponsoring organization attendee

(Fees include lunch)

Sponsors

Agenda


8:30 a.m. Registration


9:00 a.m. Welcome and Opening Remarks


9:10-10:00 a.m. The “New” Harassment Frontier

E. Fredrick Preis, Jr. and Kayla M. Jacob

This year, for the first time in decades, the Equal Employment Opportunity Commission has provided updated enforcement guidance on workplace harassment (and, in some situations, harassment outside of the workplace). We’ll explore the “new” harassment landscape - covering topics such as harassment of an employee because she chooses to have an abortion, refusing to let transgender employees use the restroom corresponding to their gender identity, repeated and intentional misgendering of an employee, harassment based on “sex” as including pregnancy-related conditions such as lactation and contraception, associational harassment, behavior on social media, and “innocence until proven guilty” regarding the alleged harasser - and help you help your healthcare organization understand and minimize risk of harassment claims in this new era.


10:00-10:45 a.m. Non-Compete Agreements – Is Breaking Up Still Hard to Do? 

Jude C. Bursavich

Our own Jude Bursavich, a prolific speaker, writer, and legislative liaison on all things non-compete, will address the current conundrum surrounding non-compete agreements, both nationally and in the state of Louisiana. With the flurry of recent activity, we will discuss key topics such as the current state of the FTC’s proposed nationwide “ban” and the ensuing legal challenges, new Louisiana legislation involving physician non-competes, strategies for drafting agreements, and problematic issues of which healthcare employers should be mindful.


10:45-11:00 a.m. Break


11:00 a.m.-12:00 p.m. Union Activity and the Ever-Expanding Scope of Employee Protections in Non-Union Healthcare Settings 

Rebecca A. Dormon, Assistant Regional Director, National Labor Relations Board

We are privileged to have as our special guest Ms. Rebecca Dormon, the National Labor Relations Board’s Assistant Regional Director for Region 15, who will address union activity in the region and focus on recent NLRB rulings and guidance that expand employee rights and protections and directly impact non-union healthcare employers. When and why is seemingly insubordinate conduct protected? Do I need to change my handbook provisions? What makes my separation agreements overbroad? What can I do about social media posts criticizing my organization? Hear the latest straight from the source.

 

12:00-12:45 p.m. Lunch

 

12:45-1:45 p.m. Decrypting the EEOC’s Extensive Regulations Implementing the Pregnant Workers Fairness Act

Melissa M. Shirley and Alexandra Cobb Hains

While the PWFA aimed to ensure fair treatment and protection of pregnant workers, its breadth and reach, as interpreted in the regulations, will likely surprise even the most seasoned healthcare executives, human resources professionals, risk managers, lawyers, and everyone else. With regulations having become effective June 18, 2024, we will examine the most impactful provisions and their implications, including the status of legal challenges to the abortion accommodation mandate, the broad scope of coverage, interpretation of key terms, emphasis on “simple processes,” prohibited requests for documentation, and other requirements and prohibited actions which will inevitably create an uptick in EEOC Charges in the coming year.

 

1:45-2:30 p.m. By Popular Demand: ADA Accommodation and FMLA Challenges

Eve B. Masinter and Philip Giorlando

You asked, we answered. In last year’s survey, many participants requested a session covering hot-button ADA accommodation and FMLA concerns commonly arising in the healthcare industry. In this part of the conference, we will provide updates on critical issues such as what supervisors and HR personnel should be trained to say and document in response to employee requests; troubling intermittent leave issues and how to (attempt to) curb them; particular accommodation “challenges” for healthcare employers, including whether and how much leave may be required beyond FMLA, reduced schedules, whether employees must compete for reassignment, work from home, changes to the environment (irritant free, in a hospital?), reserved parking; what should be done (or not) when your employee posts photos from Disney during a leave of absence; and similar considerations.


2:30-2:45 p.m. Break


2:45-3:45 p.m. Annual Lagniappe: All the other things…

Melissa M. Shirley and Rachael Jeanfreau

It’s been a BUSY (exhausting?) 12 months for employers. We’ll wrap up this year’s conference with a quick update on a number of occurrences since our last gathering. Stick around to answer these important questions: Are we using the correct I-9 forms? Has my organization updated its mandated EEO postings? Are my “exempt” employees being paid enough salary under the new FLSA regulations (and what about those pending challenges)? How have the traditionally conservative courts expanded discrimination claims? Do we need to revisit the classification of any “independent contractors” under new DOL guidance? And more…