Changes to the ADA and FMLA, Upstate Program (March 2009)

January 12, 2009

Who Should Attend
Human Resources Professionals, Executives and Business Owners who wish to understand the workings of the updated laws.

HRCI Recertification Credit
This program has been submitted to the HR Certification Institute.

Agenda
8:00 - 8:30 a.m.
Registration and Continental Breakfast

8:30 - 10:00 a.m.
Program

Program Summary
Both the Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA) have undergone significant changes recently as a result of new legislative and regulatory developments. These changes will have a major impact on employers and how they address and document requests for accommodation under the ADA and leave under the FMLA. This breakfast briefing will provide you with practical information on how these changes will affect your organization and what you need to do to ensure that you are in compliance.

The presentation will focus on:

  • The ADA: What was the law and what is it now?
  • ADA training and other preventive measures that employers need to take
  • How litigation under the ADA Amendment Act will be different, and the interplay between litigation and training
  • How do the changes affect New York employers covered by the New York Human Rights Law?
  • The new definition of "serious health condition" under FMLA
  • How have notice rules changed under FMLA?
  • New rules affecting settlements of FMLA claims
  • Effect of "light duty" on FMLA leave time
  • New rule on FMLA's effect on attendance incentives
  • New guidance on military and non-military leaves under the FMLA

 

Faculty
JOHN M. BAGYI University at Albany, State University of New York (B.A., 1993); Albany Law School of Union University (J.D., magna cum laude, 1996).

Mr. Bagyi counsels and represents employers of all types and sizes in a variety of labor and employment-related contexts, including employment litigation in Federal and State courts, labor arbitrations, union organizing campaigns, strikes and picketing, and representation and unfair labor practice proceedings before the National Labor Relations Board. He also provides a broad range of employment-related training to executives, managers, supervisors, and employees. Mr. Bagyi is listed in The Best Lawyers in America® 20091, Who's Who in America, and Who's Who in Emerging Leaders.

LAURA H. HARSHBARGER Bucknell University (B.A., summa cum laude, 1994); Syracuse University College of Law (J.D., summa cum laude, 1997).

Ms. Harshbarger counsels employers engaged in a wide variety of industries, including healthcare, higher education, public school education, manufacturing, and the service and financial industries. Her practice includes all aspects of labor and employment law, and she represents clients involved in litigation in the state and federal courts, as well as arbitrations, mediations, and state and federal agency actions. Ms. Harshbarger's practice also includes in-house labor and employment training for clients. She is a frequent lecturer and has authored and co-authored articles on a range of legal topics.

JAMES HOLAHAN University of Rochester (B.A., 1977); College of William and Mary (J.D., 1983).

Mr. Holahan has represented and counseled employers ranging from Fortune 100 firms to small family businesses about employment matters and labor relations for over 20 years. A substantial portion of his practice involves defending employers in adversarial proceedings before the New York and federal courts and administrative agencies against discrimination, harassment, retaliation, wrongful discharge and other employment claims. Mr. Holahan also advises employers about compliance with the various federal, state and local laws regulating the employment relationship and regularly deals with a broad spectrum of personnel issues and problems ranging from safety in the workplace to union organizing and collective bargaining to negotiating and drafting personnel policies, employment contracts, non-compete agreements and other restrictive covenants.

PETER A. JONES School of Industrial and Labor Relations at Cornell University (B.S., 1989); University of Pennsylvania Law School (J.D., cum laude, 1992).

Mr. Jones counsels and represents employers of all types and sizes in a variety of labor and employment-related contexts, including employment litigation in Federal and State courts, collective bargaining negotiations, wage and hour compliance and proceedings before administrative agencies and the courts, labor arbitrations, union organizing campaigns, strikes and picketing, and representation and unfair labor practice proceedings before the National Labor Relations Board and public sector employers in negotiations, interest arbitration, Section 75 proceedings, and improper practice proceedings before the Public Employment Relations Board. Mr. Jones is listed in The Best Lawyers in America® 2009 and Super Lawyers®2.

BRIAN LAUDADIO University of Rochester (B.A., 1993); Syracuse University Law School (J.D., 1996).

Mr. Laudadio is a litigator who represents clients at the trial and appellate levels of state and federal courts. He concentrates his practice in the areas of labor and employment matters, banking issues, commercial contract disputes and business tort litigation. Mr. Laudadio is also knowledgeable in Native American law, advising municipalities in Indian Land Claim and related Native American litigation. He is listed in Super Lawyers®.

MARK A. MOLDENHAUER Hamilton College (B.A., 1997); State University of New York at Buffalo, School of Law (J.D., 2001).

Mr. Moldenhauer represents employers in labor and employment matters in federal and state courts, and in proceedings before federal and state administrative agencies. His practice includes counseling employers on a wide variety of labor and employment topics, including employment discrimination and workplace harassment, wrongful discharge, civil rights litigation, labor arbitration, unfair labor practice charges, wage and hour issues and collective bargaining.

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1 Copyright 2008 by Woodward/White, Inc., Aiken, SC. Prior results do not guarantee a similar outcome.
2 Copyright New York Super Lawyers 2008.