Multistate Handbooks in 2022: When Laws and Policies Collide
Deirdre Kamber Todd is the Partner with the Kamber Law Group, P.C., a next-generation law-firm located in Allentown, Pennsylvania. Her areas of practice include business and employment law, antidiscrimination laws, LGBTQIA issues, medical marijuana, contracts, healthcare, and HIPAA. With numerous accolades for her work as an employment lawyer and litigator, Deirdre has been quoted or appeared on NPR’s All Things Considered, Bloomberg BusinessWeek, SHRM National, Business Insurance Weekly, and PBS.
This webinar has been approved for 1.00 HR (General) recertification credit hours toward aPHR™, aPHRi™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™, and SPHRi™ recertification through HR Certification Institute® (HRCI®). Please make note of the activity ID number on your recertification application form. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org
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With the explosion in litigation in the past decade, employee handbooks have changed from employee benefit explanations to legal compliance manuals. These policy collections have grown even more complex when you are present in multiple states where different laws apply. So, what is an employer to do when they are present in states with different laws and requirements? New handbooks every time? Adding footnotes for different states? Putting together a genuinely compliant multistate handbook is no small feat. Adding to the complexity is that some policies can be treated as law, and some cannot. Now, the final series of problems arise when we discuss that the federal laws often conflict with each other. How does an employer deal with that? We’re going to answer these questions and more: you’ll receive a toolbox of solutions as a multistate employer amid these crazy scenarios.
Areas Covered
- Learning the different types of multistate employers
- Understanding the legal distinctions between different classes of multistate employers
- Figuring out what kind of handbook, or handbooks, you need
- Learning which employer policies are law, which are not, and which can be treated as law under specific circumstances
- Understanding which employer policies come from multiple laws and how they interact
- Addressing the challenges of policies where two applicable laws conflict
Who Should Attend
All human resource experts, generalists, and employees with human resource obligations
Why Should You Attend
You have an employee handbook, and you have had it checked for compliance. You should be in great shape, right? Not necessarily. Employers, and even lawyers and consultants, have no idea how many employment laws conflict with other federal and state law. The fact is that many laws do not play nicely in the sandbox together.
Conflicts arise constantly. Most of the time, employer policies are not law themselves, but not always.
So, how does an employer know which of its policies are actually law? And what does that actually mean? How is an employer to know when it is compliant with all of the laws, instead of just the one with which you are familiar? What does an employer do when you are a multistate employer, and the laws are different in different states? Or even worse, what to do when the laws conflict and it is impossible to comply with both laws? What is an employer to do? Some of the answers are easy and many are not, but all of these issues can haunt you miserably if you end up in a court case.
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