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Navigating COVID 19: Return to Work and the Implications on ADA/FEHA Compliance
CAHR20 | Presented by Lisa Aguiar & Eric De Wames
Keyword(s)
CAHR20
Learning Objectives:
- Attendees will learn how to determine whether teleworking is a reasonable accommodation, as well as tips on handling teleworking accommodation requests and the importance of teleworking policies.
- Attendees will understand how to handle and navigate difficult return to work situations like:
- Returning employees considered vulnerable,
- Handling employee health concerns, and
- Fears upon returning.
- Attendees will learn how to determine if the Coronavirus falls within the definition of “disability” for ADA and FEHA purposes and, if so, how to properly accommodate exposed and positive employees.
- MS&A employment law experts will discuss how COVID-19 has impacted and exacerbated employees pre-existing medical conditions and why employers may need to accommodate these employees.
Credit Information
1.0 California-specific Credit, 1.0 SHRM PDC
Description
Navigating COVID 19: Return to Work and the Implications on ADA/FEHA Compliance
Ms. Aguiar, Attorney Of Counsel, practices exclusively employment law, and represents a wide range of businesses. Previously, as Managing Partner at the firm, she headed its employment law practice, and was responsible for growing the firm’s new employment law division. She supervised that practice area in the firm’s offices statewide.
Ms. Aguiar represents private and public sector businesses in all aspects of employment law defense. She develops defense strategy from initial claim through trial, with an emphasis on preventing litigation and reducing exposure. She is an experienced advocate for large companies with a unionized workforce. Among her notable successes are favorable resolutions of claims with the National Labor Relations Board and of administrative audits by the Department of Labor, Department of Labor Standard Enforcement and the Employment Development Department.
Before her promotion to Partner, Ms. Aguiar was Managing Attorney, regularly handlings wage-and-hour disputes, claims of discrimination, harassment, retaliation and violations of the ADA. Ms. Aguiar has worked on hundreds of cases in both federal and state court, resolving countless cases through mediation and other forms of alternative dispute resolution. Ms. Aguiar is a certified business coach, and assists her clients in employment-mandated training as well as workshops to develop the leadership and communication skills of managers and executives.
As the founder of Aguiar Law Offices in Los Gatos, Ms. Aguiar established a practice devoted exclusively to employment law. She counseled her clients in matters of hiring, termination, compensation and severance. She negotiated proprietary/confidentiality agreements, and advised about technology policies. She successfully defended against a multimillion-dollar overtime/bonus claim by employees of a multinational manufacturing company.
Ms. Aguiar received her Juris Doctor degree from McGeorge School of Law in Sacramento, where she graduated with honors. She received her undergraduate degrees from Santa Clara University, graduating magna cum laude. She was a member of the Phi Alpha Theta National History Honor Society.
Managing Partner Eric De Wames leads Michael Sullivan & Associates' employment law practice for its nine offices throughout California. Mr. De Wames is a 17-year vetted Trial Attorney, representing businesses in the full range of employment and labor law matters including wage-and-hour, discrimination, harassment, retaliation, wrongful termination claims, with particular expertise in PAGA representative and class actions. He is an expert in devising creative and effective strategies for investigating, litigating and negotiating settlements that serve the individualized needs of every client. He counsels business owners, managers and HR professionals on federal and state labor regulations, and is an experienced advocate before the EEOC, DLSE and other governmental agencies. Mr. De Wames serves as counsel for the full range of employer businesses from small startups to Fortune 500 companies. A well-regarded expert on all things employment law, Mr. De Wames devotes considerable time to speaking engagements like CAHR20 in order to aid employers and their HR advocates to navigate California’s rigorous and ever-evolving compliance laws, with an emphasis on litigation prevention.
Lisa Aguiar, Esq., Michael Sullivan & Associates, Attorney of Counsel & Eric De Wames, Esq., Michael Sullivan & Associates, Managing Partner
Education Track: California Employment Law
Learning Level: Applies
Eligible for 1.0 California-specific credit
Prior to the pandemic, employers and their HR professionals regularly tackled and often struggled with compliance under the rigors of FEHA and ADA mandates in California. In this brave new era, the challenges often seem overwhelming as employers address applications of existing and new laws to COVID-19 scenarios. Join Michael Sullivan & Associate (MS&A) expert employment attorneys Lisa Aguiar and Eric De Wames as they explain and apply these laws to the realities of pandemic-related issues. The MS&A experts will advise attendees on the strategies for handling when law and its application are unclear.
Learning Objectives:
Learning Objectives:
- Attendees will learn how to determine whether teleworking is a reasonable accommodation, as well as tips on handling teleworking accommodation requests and the importance of teleworking policies.
- Attendees will understand how to handle and navigate difficult return to work situations like:
- Returning employees considered vulnerable,
- Handling employee health concerns, and
- Fears upon returning.
- Attendees will learn how to determine if the Coronavirus falls within the definition of “disability” for ADA and FEHA purposes and, if so, how to properly accommodate exposed and positive employees.
- MS&A employment law experts will discuss how COVID-19 has impacted and exacerbated employees pre-existing medical conditions and why employers may need to accommodate these employees.
About Lisa Aguiar:
Ms. Aguiar, Attorney Of Counsel, practices exclusively employment law, and represents a wide range of businesses. Previously, as Managing Partner at the firm, she headed its employment law practice, and was responsible for growing the firm’s new employment law division. She supervised that practice area in the firm’s offices statewide.Ms. Aguiar represents private and public sector businesses in all aspects of employment law defense. She develops defense strategy from initial claim through trial, with an emphasis on preventing litigation and reducing exposure. She is an experienced advocate for large companies with a unionized workforce. Among her notable successes are favorable resolutions of claims with the National Labor Relations Board and of administrative audits by the Department of Labor, Department of Labor Standard Enforcement and the Employment Development Department.
Before her promotion to Partner, Ms. Aguiar was Managing Attorney, regularly handlings wage-and-hour disputes, claims of discrimination, harassment, retaliation and violations of the ADA. Ms. Aguiar has worked on hundreds of cases in both federal and state court, resolving countless cases through mediation and other forms of alternative dispute resolution. Ms. Aguiar is a certified business coach, and assists her clients in employment-mandated training as well as workshops to develop the leadership and communication skills of managers and executives.
As the founder of Aguiar Law Offices in Los Gatos, Ms. Aguiar established a practice devoted exclusively to employment law. She counseled her clients in matters of hiring, termination, compensation and severance. She negotiated proprietary/confidentiality agreements, and advised about technology policies. She successfully defended against a multimillion-dollar overtime/bonus claim by employees of a multinational manufacturing company.
Ms. Aguiar received her Juris Doctor degree from McGeorge School of Law in Sacramento, where she graduated with honors. She received her undergraduate degrees from Santa Clara University, graduating magna cum laude. She was a member of the Phi Alpha Theta National History Honor Society.
About Eric De Wames:
Managing Partner Eric De Wames leads Michael Sullivan & Associates' employment law practice for its nine offices throughout California. Mr. De Wames is a 17-year vetted Trial Attorney, representing businesses in the full range of employment and labor law matters including wage-and-hour, discrimination, harassment, retaliation, wrongful termination claims, with particular expertise in PAGA representative and class actions. He is an expert in devising creative and effective strategies for investigating, litigating and negotiating settlements that serve the individualized needs of every client. He counsels business owners, managers and HR professionals on federal and state labor regulations, and is an experienced advocate before the EEOC, DLSE and other governmental agencies. Mr. De Wames serves as counsel for the full range of employer businesses from small startups to Fortune 500 companies. A well-regarded expert on all things employment law, Mr. De Wames devotes considerable time to speaking engagements like CAHR20 in order to aid employers and their HR advocates to navigate California’s rigorous and ever-evolving compliance laws, with an emphasis on litigation prevention._1583984148853.png)