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2020 Employment Law Update

(2k+ reviews)

Produced on March 10, 2020

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Course Information

Time 1h 31m
Difficulty Intermediate

Course Description

This program, taught by Marc J. Scheiner, Special Counsel at Duane Morris LLP, surveys recent trends and hot topics in the area of employment law.

State and local legislative efforts have continued to evolve in the areas of pay equity, sexual harassment prevention, and medical and recreational marijuana. Government agencies have been active as well, most notably with the National Labor Relations Board recently releasing decisions that impact both union and non-union workplaces. Caselaw developments continue to make reasonable accommodations requirements a hot topic for litigation. And more legislative and government action (not to mention court decisions) are coming!  Understanding these updates, trends and their impacts are of critical importance when advising employers on many key areas of employment law.



Learning Objectives:

  1. Analyze recent state and local legislative trends concerning employment issues
  2. Review recent NLRB decisions affecting all employers (both union and non-union)
  3. Discuss approaches to mitigating risks in these areas
  4. Preview additional updates and changes that are likely coming soon 

Credit Information

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Faculty

Marc J. Scheiner

Duane Morris LLP & Affiliates

Marc J. Scheiner practices in the area of employment law, counseling clients on a variety of employment issues. He represents clients in employment litigation matters and trains human resources professionals, in-house counsel and supervisors on a range of workplace topics. Mr. Scheiner works with clients to ensure compliance with Title VII, the Americans with Disabilities Act and ADAAA, Family and Medical Leave Act, Age Discrimination in Employment Act, Equal Pay Act, Fair Credit Reporting Act and various state and local laws. He also assists clients in reviewing and drafting employment policies, handbooks, employment agreements, non-compete agreements, and severance agreements.

Mr. Scheiner has represented clients in federal and state courts as well as before federal, state and local administrative agencies in matters involving charges and complaints of age, sex, race, national origin, sexual orientation, pregnancy and religious-based discrimination and harassment; retaliation; background checks; drug testing; and unemployment insurance issues. He has also represented indigent clients in Social Security disability appeals before the U.S. Social Security Administration and in hearings before the U.S. Department of Labor.

Mr. Scheiner has volunteered or worked on pro bono matters for Canine Partners for Life, the Volunteer Lawyers Project of the Boston Bar Association, the Human Rights Campaign, Big Brothers Big Sisters of America and the Mazzoni Center. Mr. Scheiner is also active as a mentor and advisor through his service on the board of directors of the Alumni Corporation of the University of Rochester chapter of Sigma Phi Epsilon.

Mr. Scheiner has also been cited by The National Law JournalEmployment Law360 and the Philadelphia Business Journal on employment topics.

Mr. Scheiner is a 2003 graduate of Cornell Law School, where he was note editor of the Cornell Journal of Law and Public Policy and a Legal Methods Honors Fellow, and a magna cum laude graduate of the University of Rochester.


Representative Matters

  • Conducted several hundred in-house trainings for clients (including executives, managers, and employees) in various industries, including on the topics of harassment prevention (including in response to #MeToo claims), hiring and interviewing, performance management, reasonable accommodations, and leaves, key employment laws for managers, conducting effective internal investigations, diversity and inclusion issues (with particular focus on LGBT and religious workplace issues) and dress code/appearance issues.
  • Drafted numerous employee handbooks and other employment policies.
  • Obtained numerous settlements that clients found favorable in various discrimination, harassment and retaliation related cases pursuant to Title VII, the Pennsylvania Human Relations Act, the Philadelphia Fair Practices Ordinance, the New Jersey Law Against Discrimination, the Americans with Disabilities Act and the Age Discrimination in Employment Act.
  • Negotiated favorable resolutions of numerous threatened lawsuits in advance of filed litigation.
  • Conducted privileged internal investigations for clients concerning allegations of harassment and discrimination.
  • Obtained dismissals of numerous charges (including before the U.S. Equal Employment Opportunity Commission, the Pennsylvania Human Relations Commission, the Philadelphia Commission on Human Relations, the New Jersey Division on Civil Rights, the Delaware Division of Industrial Affairs and the Massachusetts Commission Against Discrimination) alleging various bases of discrimination and harassment.
  • Second-chaired two jury trials in New Jersey state court, obtaining a favorable jury verdict for a hospital client on defamation and retaliation claims after a one-week trial.
  • Defended large regional non-profit organization against former employee’s FMLA interference and retaliation claims.
  • Obtained settlement on behalf of a nationwide drugstore chain that the client found favorable in connection with allegations of defamation and violations of the Fair Credit Reporting Act.
  • Obtained complete dismissal of discrimination claim through the plaintiff’s withdrawal of his complaint, immediately following the taking of the plaintiff’s deposition.
  • Obtained settlements on behalf of the luxury department store that the client found favorable in matters involving claims of sex, national origin, race and age discrimination, and harassment.
  • Defended unemployment insurance claims.
  • Defended managers and executives in third-party depositions.


Areas of Practice

  • Employment Law

Admissions

  • Pennsylvania
  • Massachusetts
  • New Jersey
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the District of Massachusetts

Education

  • Cornell Law School, J.D., 2003
    - Note Editor, Cornell Journal of Law and Public Policy
    - Legal Methods Honors Fellow
  • University of Rochester, B.A., magna cum laude, 2000

Civic and Charitable Activities

  • Sigma Phi Epsilon, University of Rochester Chapter
    - Alumni Corporation Board of Directors


Selected Publications


Selected Speaking Engagements

  • Presenter, "Employment Law 103," Duane Morris Institute (DMi), Philadelphia, June 3, 2020
  • Presenter, "Employment Law 101 & Employment Law 102," Duane Morris Institute (DMi), Webinar, March 31, 2020
  • Presenter, "2020 Navigation Guide for the West Coast: Washington Employment Law Update," Duane Morris Institute (DMi), Webinar, January 22, 2020
  • Presenter, "Harassment Prevention Training for Human Resources and Managers," Duane Morris Institute (DMi) Seminar, Philadelphia, October 29, 2019

  • Presenter, "Employment Law 101 and 102," Duane Morris Institute (DMi) Seminar, Philadelphia, October 3, 2019

  • Presenter, "Avoiding Workplace Discrimination: Gender Identity and Sexual Orientation," Duane Morris Institute (DMi) Webinar, July 23, 2019

  • Presenter, "Employment Law 103: A Deeper Dive," Duane Morris Institute (DMi) Seminar, Philadelphia, June 4, 2019

  • Speaker, "Employment Aspects of Substance Abuse and Drug Addiction," Duane Morris' Developments in Workplace Law and Practice, Philadelphia, May 7, 2019

  • Presenter, "Employment Law 101 and 102," Duane Morris Institute (DMi) Seminar, Philadelphia, March 19, 2019

  • Presenter, "Top 10 Reasons Why You Should Update Your Handbook This Year," Duane Morris Institute (DMi) Webinar, January 23, 2019

  • Presenter, "Employment Law 101 and Employment Law 102," Duane Morris Institute (DMi) Webinar, April 10, 2018

  • Presenter, "Top 10 Reasons Why You Should Update Your Handbook This Year," Duane Morris Institute (DMi) Webinar, February 27, 2018

  • Speaker, "Harassment Quiz SM" Duane Morris Institute (DMi), December 13, 2017
  • Speaker, "Employment 102," Duane Morris Institute (DMi), Philadelphia, October 17, 2017
  • Speaker, "Employment 101," Duane Morris Institute (DMi), Philadelphia, October 17, 2017
  • Speaker, "Preparing for the Inevitable: Strategies for Handling EEOC Claims," Duane Morris Institute (DMi), Philadelphia, September 28, 2017
  • Speaker, Duane Morris' Developments in Workplace Law and Practice, Philadelphia, May 3, 2017
  • Speaker, "Systematic Approach to Attacking Harassment..." and "Preparing for the Inevitable: Strategies for Handling EEOC Claims," Duane Morris Institute (DMi), Philadelphia, April 25, 2017
  • Speaker, "Top Ten Mistakes in Interviewing & Hiring Process," Delaware County (PA) SHRM Chapter, April 2016
  • Speaker, "Creating an LGBT-Inclusive Workplace," Cumberland Valley SHRM Diversity Conference, May 6, 2016
  • Speaker, "Finding Our Way Through the Weeds: Employment Law & Medical Marijuana in the Workplace," American Industrial Hygiene Association, April 20, 2016
  • Speaker, "Drafting Employee Handbooks and Avoiding the Most Common Handbook Mistakes," Pennsylvania Chamber of Business and Industry's HR Roundtable, King of Prussia, PA, April 26, 2012
  • Presenter, "Sexual Orientation and Gender Identity Workplace Issues," 2008 and 2009 Legislative Conference for the Society of Human Resources Management
  • Participant, 2008 Delaware Valley Human Resources (DVHR) Partnership Summit





Reviews

SS
Shaun S.

Well presented

CL
Charlene L.

Great content and the speaker was clear and interesting.

GK
Gregory K.

Good survey; but already out of date because of COVIS 19.

JK
Joseph K.

The practical advice is helpful, particularly on reasonable accommodation requests and the interactive process.

JL
Jay L.

Great course!

JM
Jennifer M.

One of the better Lawline courses I've seen!

SW
Stan W.

It was difficult to address so many issues in 1.5 hours, but it was done very well.

FM
Frances M.

A lot of information that sets up a useful guide to keeping up to date.

SB
Sara B.

Presenter was good and the information was very helpful. I especially liked the summary slides at the end.

AC
Audrey C.

Informative and enjoyable. Thanks.

EA
Erika A.

It was a great course and super informative!

RC
Robert C.

Great course! Very informative.

PM
Patrick M.

Very good.

GD
Gail D.

Excellent.

EH
Edward H.

Great course on employment law, even for those unfamiliar with the subject

DS
Donald S.

I especially enjoyed the discussion on pay history, use of emails and ADA accommodations, and I appreciate the takeaways.

PK
Patrick K.

Excellent informed practical advice!

AB
Alyson B.

Great, thoughtful presentation!

SR
Sheila R.

very timely

JP
James P.

Excellent course. Practical, easy to listen to, easy to understand. Good analysis of substantive law.

EB
Edward B.

course materials were excellent and presenter was engaging

LS
Lauren S.

Very informative- covered a large group of employment issues

SG
sharon g.

thought it was vey informative but a little too much in one session

BL
Brian L.

Great job!

PO
Peter O.

Brilliant presentation

SE
Stephen E.

Good Job!

TB
Thomas B.

More citations would be helpful

AT
Anthony T.

Covered many issues in an informative manner.

DD
David D.

Strong presentation, lots of content, well presented.

FM
Frank M.

Excellent presentation with great substance.

AS
Andrew S.

Outstanding and thorough.

AM
Angie M.

very informed speaker, I like his presentaiton and will be referncing his slides in the future.

CB
carol b.

Good overview and good explanation of changes.

MB
Mark B.

Interesting presentation and liked the style.

GS
George S.

Excellent presentation for someone who wants to stay up-to-date on various issues which are relevant today.

CD
Charles D.

Very well done.

DT
David T.

Excellent broad-based overview of the topic.

GP
Georgian P.

Excellent Presentation! Informative and interesting Speaker! Important topic!

SH
Stuart H.

The program was informative. The speaker was able to clearly state the many exceptions to the general rules involved in employment discrimination.

LL
Lorenzo L.

Well presented, focused and excellent overview of the current important issues in Labor Law in the United States.

CR
Chere R.

Great

ES
Evan S.

overall good lesson

LH
Lon H.

Great presentation. Sharp presenter.

CS
Carol A S.

His practical approach was great

MJ
MITZI J.

Very informing

AS
Allison S.

I enjoyed this presentation and this speaker

MM
Mark M.

Good course.

KV
Karin V.

Good for a big picture overview of current climate.

KB
Karen B.

Thank you! He was clearly very knowledgeable and spoke swiftly and was up to date on the law.

PT
Pamela T.

excellent!

TN
Teanna N.

Great, informative presentation!

JL
Jill L.

Good, practical information.

DM
David M.

good stuff Great examples

JD
jill d.

Great

PT
Patricia T.

A very sound basic over view course with enough specificity to assist practitioners.

EM
Elizabeth M.

One of the best programs I've seen on Lawline.

JH
James H.

Excellent presentation

MF
Mary F.

Excellent presenter and extremely useful content.

BS
Bryan S.

Really engaging and well presented. I will search this presenter out for future CLEs.

JR
Julissa R.

This was the most interesting CLE I've seen so far! The speaker was very dynamic and engaging.

EC
Edward C.

excellent presentation

DC
David C.

Very learned speaker and informative

ML
Michael L.

I’d like a class that speaks to really small firms and businesses.

MK
Michelle K.

knowledgeable presenter; extremely worthwhile

SM
Scott M.

very helpful overview for anyone working in a corporation!

LL
Lily L.

Great topic

RM
rosanne m.

Excellent

RM
Rachel M.

Wish there was a plaintiff-side update.

AC
Amy C.

Very informative and interesting. Also appreciate how comprehensive--a lot of useful information in only 90 minutes.

PJ
PHILLIP J.

very well done

DS
Deborah S.

Very informative. Excellent speaker.

KB
Kathleen B.

presenter was thorough and well prepared. Materials were interesting and useful.

AP
Anne P.

Great presentation

TK
Thomas K.

This is among the best employment law presentations I have seen. A+ content and presentation.

MH
Maria H.

The course was very informative and the presenter was great!

JH
Jo H.

Excellent presenter.

AF
Amy F.

Excellent

EP
Evangelia P.

Great course, very comprehensive and the presenter was interesting and knowledgeable.

EB
Edward M B.

The presenter of this topic spoke well and clear throughout the 1.5 credit program; very knowledgeable and a sincere pleasure to watch.

EH
Earl H.

well done.. easy to follow notes

SG
Susan G.

Really good program!

AP
Anne P.

He was excellent!

WH
William H.

Liked that he chose key topics on which to go deeper rather than going wider and shallower in his update.

LC
Lawrence C.

Very thorough and well presented!

TJ
thomas j.

very useful and practical

AB
Andrew B.

Very good information regarding disability.

WC
Wilbur C.

Very nicely done. Lot's of practical advice on how to run employee relations.

LS
Lisa S.

The speaker had a lot of energy.

LS
Larry S.

An excellent presentation.

ML
Michael L.

Very compelling presentation

JW
Jeffrey W.

Nice general overview

FK
Frances K.

Excellent speaker with timely information.

JB
Julie A. B.

Knowledgeable presenter enjoyably delivered a thoughtful overview of trends and hot topics in the area of employment law.

KW
karen w.

The presenter was excellent.

HC
Harry C.

extremely helpful

RM
Rita M.

Speaker was excellent

SB
Steven B.

Excellent presenter and presentation.

TJ
Thomas J.

Good survey.

VC
Valerie C.

A very articulate presenter who knows the subject matter well.

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