2022 New Hampshire Employment Law Update – Session Descriptions

8:30 a.m. to 9:45 a.m.
News You Can Use
Presenters: Adam M. Hamel, Jennifer L. Parent, John E. Rich, Jr.

Attorneys Adam Hamel, Jennifer Parent, and John Rich will provide a roundup of the latest employment law developments from the state and federal courts, administrative agencies, and legislatures. Topics will include arbitration, wage and hour, medical marijuana, and more.

9:45 a.m. to 10:30 a.m.
Effectively Responding to and Handling Employee Accommodation Requests
Presenters: Linda S. Johnson and Brian B. Garrett

During the COVID-19 pandemic, employers have been inundated with a variety of complex requests for employee accommodations. How should employers respond to employee requests to be exempt from mask or vaccination mandates? What about accommodations to work remotely due to an employee’s immunocompromised condition? Even beyond issues related to COVID, employers commonly face difficult issues related to employees’ potential disabilities that warrant thoughtful attention. In this lively and engaging session, Linda S. Johnson and Brian B. Garrett will rely on real world case studies to guide employers on effectively, and legally, responding to requests for accommodation. Topics covered will include practical steps for engaging in the interactive process, the process for seeking and reviewing supporting documentation for accommodation requests, and how to handle leaves of absence.

10:45 a.m. to 11:15 a.m.
Romantic Relationships in the Workplace
Presenter: Margaret “Peg” O’Brien

Romantic relationships within the workplace are bound to happen. But when do these relationships present a legal risk for employers? During this session we will review the risks related to romantic relationships in the workplace, including sexual harassment, and will offer practical guidance for managing these relationships among co-workers and supervisors, avoiding conflicts of interest, and responding to claims of discrimination and harassment that may arise from such relationships.

11:15 a.m. to 12:15 p.m.
Workplace Investigations: Understanding When They Are Necessary and Demystifying the Process
Presenter: Susan E. Schorr

When you hear of a complaint of harassment, sexual harassment, or uncivil behavior in the workplace, the report needs to be addressed, but where to start? This session will help you to determine whether you are able to review the concerns in-house or should retain an outside expert to assist; learn the basics of establishing an investigation plan, including what documents to review and who to interview; and learn how to ask questions in a way that will solicit relevant information and encourage a candid dialogue. We will also review how to convey the investigation’s findings to the individuals involved and how to determine what consequences (if any) should be imposed.

1:15 p.m. to 1:45 p.m.
Restrictive Covenants
Presenter: Adam M. Hamel

Attorney Adam Hamel will discuss restrictive covenants in employment, including non-competition agreements and non-solicitation agreements. He will cover requirements for validity, and practical considerations for enforcement of these agreements.

2:00 p.m. to 2:30 p.m.
HR’s Role in Cybersecurity
Presenter: Cameron G. Shilling

HR professionals play a key role in cybersecurity. For example, you collect, use and retain large amounts of sensitive personal information about employees and their dependents, including SSNs, tax and financial data, and health and benefits information. Processes surrounding onboarding, changes to employment duties, and termination are also critical HR cybersecurity functions. During this presentation, we will address the role that HR plays in cybersecurity, and discuss how both HR and IT can help each other fulfill these responsibilities.

2:45 p.m. to 3:15 p.m.
Wage and Hour Update
Presenter: Margaret “Peg” O’Brien

Wage and hour claims can be extremely costly for employers, with back wage awards, liquidated damages, civil penalties, and sometimes, even attorneys fees and costs. This session will review some of the high enforcement areas for the US Department of Labor including, Independent Contractor misclassifications and joint employment, as well youth employment.

3:15 p.m. to 4:30 p.m.
Understanding and Preventing Retaliation
Presenters: Linda S. Johnson and Jennifer L. Parent

Did you know that retaliation is the most common discrimination complaint filed with the EEOC (Equal Employment Opportunity Commission); comprising 50% or more of all charges filed. Hear from experienced attorneys Linda Johnson and Jennifer Parent about what retaliation is, what steps you can take to prevent such claims from being made, and how to respond to them if they occur.

To register for the Conference, click here.