As an employer you are faced with an ever-expanding maze of laws limiting your rights and increasing your obligations to employees who cannot, will not or should not work. Laws governing workers' compensation, family and medical leave and the ADA combine to create a legal quagmire.
The purpose of this presentation is to provide employers, adjusters and legal professionals a fundamental understanding of how laws in California implicates other laws governing worker safety and worker benefits. The presentation will point out the dangers of ignoring these other potential areas of exposure when dealing with a worker with an industrial injury.
Topics to be discussed include:
- Americans With Disabilities Act
- Family And Medical Leave Act/Pregnancy Disability Leave
- Workers' Compensation In California
9:00 a.m. - 10:30 a.m.
I. Americans With Disabilities Act
A. The ADA And FEHA At A Glance
1. Which Employees Are Protected?
a. Meaning Of 'Disability'
i. State vs. Federal Law
b. Meaning Of 'Qualified Individual With A Disability'
i. State vs. Federal Law
2. What Accommodations Are Reasonable/Unreasonable?
B. The Interactive Process
1. What Is It?
2. Who Is Responsible For It?
3. How Do You Do It?
C. Recent Case Law And Regulatory Developments And Special Problems
10:30 a.m. - 10:45 a.m.
10:45 a.m. - 12:15 p.m.
II. Family And Medical Leave/Pregnancy Disability Leave
A. FMLA Then And Now
B. CFRA Then And Now
C. Pregnancy Leave Made Simple (Honest)
D. Just When You Thought It Couldn't Get Any Worse... Paid Family And Medical Leave Begins In 2004
E. New Court Decisions And Predictions
F. The Five Biggest Mistakes Made By Employers Not Attending This Seminar
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. - 2:45 p.m.
III. Workers' Compensation In California Keeping Your Workers' Compensation
Program In Step With Other Safety And Worker Benefit Laws
A. Multiple Issues And Multiple Exposure Arising Out Of A Single Workers' Compensation Claim
2. Fair Employment And Housing Act
3. Medical Leave (FMLA And CFRA)
4. Workplace Safety Cal/OSHA
5. Collective Bargaining Agreements
6. COBRA Issues
B. Recent Developments In Workers' Compensation Laws Affecting Employer Rights
2:45 p.m. - 3:00 p.m.
3:00 p.m. - 4:30 p.m.
A. History Of Cal/OSHA
B. Structure Of Cal/OSHA
C. Basic Paperwork And Responsibilities
D. When OSHA Comes Calling...
E. The AB 1127 Revolution
F. Citations, Penalties And Appeals
G. Interaction Of OSHA And Other Laws
H. Resources And Web Sites