BarbriSFCourseDetails

Course Details

This CLE webinar will guide employment counsel on drafting or revising employee handbooks taking into account the regulatory impact of a new administration. Many topics contained in employee handbooks--such as employee leave, discrimination, sexual harassment, technology and social media, company confidentiality, employee privacy, and whistleblower/retaliation protection--are the subject of ongoing legal, regulatory, and judicial developments. Failure to take these and other recent changes into account can expose a company to liability. The panel will address recent developments in federal and state law that should be considered when drafting or revising employee handbooks.

Faculty

Description

Employment law is continually evolving, especially with the advent of a new administration changing direction in many key policy and regulatory matters. So, employers (and their counsel) must regularly review and update their employee handbooks. An employer is not protected by handbook provisions that courts have struck down and regulators have nullified. This webinar will discuss recent federal and state employment law developments of which practitioners should be aware to mitigate their clients' risk.

Under the Biden administration, long-used handbook provisions became the target of increased government scrutiny such as at-will disclaimers, confidentiality and noncompetition provisions, electronic monitoring, and certain restrictions on employee communications and activity. However, under the Trump administration, new agency leadership has begun reversing Biden-era policies impacting employers.

With a thorough understanding of the latest legal developments impacting employee handbooks, along with careful and strategic drafting, employment counsel can help ensure that employee handbooks legally and effectively address complex and evolving workplace issues.

Employers must also consider intersecting leave issues related to state and federal regulations, especially given the increased number of states requiring paid leave, and clarify their policies and requirements for use.

Listen as our authoritative panel provides legal and practical guidance for employment counsel to structure employee handbooks--including multistate, nationwide, and global handbooks--that minimize liability risks for the employer based on the current legal climate.

Outline

  1. Recent developments impacting employee handbooks and policies
    • Federal developments under a new administration
    • Notable state developments
  2. Best practices for drafting employee handbooks
  3. Special issues for multistate, nationwide, and global employers

Benefits

The panel will review these and other important considerations:

  • What are the most likely handbook provisions to be impacted under the new administration?
  • What likely effect will new agency leadership--e.g., EEOC and NLRA--have on employment policies?
  • What challenges arise for counsel and their clients related to leave policies given the increase in state legislation requiring paid leave? How may leave best be addressed in handbooks, especially for multistate employers?
  • What are best practices for drafting handbook provisions to mitigate unintended legal liability?
  • What are unique drafting challenges for multistate and global employers? How can these be addressed by counsel when advising their clients?