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The Pulse – March 2018

Need to Know
Legal Affairs Briefing

United States Court of Appeals Holds That

Employer May "Elaborate" on Explanation for
Termination During Litigation

Karla Grossenbacher
Partner at Seyfarth Shaw, LLP & Co-VP, Legislative Affairs

In Rooney v. Rock Tenn Converting Company, et. al., the Eighth Circuit affirmed judgment against a former sales
executive who alleged he was terminated for not being Jewish and not being female. Rock-Tenn, which makes
packaging and merchandise displays for retailers, hired Rooney in March 2010 to sell its products in the
Bentonville, Arkansas market. Rooney was terminated in 2015 after Rock-Tenn received multiple internal
complaints, and multiple complaints from the main client whose account he serviced. Rooney was told that the
reason for his termination was "difficulties with interacting with coworkers and failure to support" the client.

READ FULL TEXT

Special Event

Legal Academy - March 21, 2018

Don't Miss An Opportunity to Obtain 6.5 SHRM/HRCI Recertification Credits!

Employment Law Year In Review: What You Need To Know For 2018
with Christine M. Costantino, and Jaclyn Hamlin

This program has been approved for 1.25 HR General Recertification Credits by HRCI and 1.25
SHRM Recertification Credits.

This session will provide an overview of key developments that took place across the field of
labor and employment law in 2017, and offer a look into developing topics in 2018. New
obligations and guidance for employers will be discussed in the context of current legislation,
enforcement priorities, recent decisions and social movements. Some of the highlighted topics
will include: EEOC Litigation and Priorities, Pay Equity, Sexual Harassment and Work Culture,
Gender Identity/Sexual Orientation Under Title VII, FLSA Overtime, Joint Employer Status,
Employee Handbooks, and Immigration.

Handling Employee Request for Leave Under the ADA and FMLA and Reasonable
Accommodation Requests Under ADA with Lawrence P. Postol, and Susan Cohen

This program has been approved for 1.25 HR General Recertification Credits by HRCI and 1.25
SHRM Recertification Credits.
One of the most common tasks of HR is handling a request for leave under the ADA and FMLA
and reasonable accommodation requests under the ADA. This session will provide guidance on
what procedures and writings you should have in place to handle such request, and how to
handle the tough issues. From requiring the FMLA medical certification to when to request an
IME medical evaluation under the ADA. The speakers will discuss the tough issues, including
part-time work requests, job transfer demands, teleworking as an accommodation, unpaid leave
beyond what the FMLA requires, and accommodating psychiatric disabilities. If you want a how-
to guide, then you do not want to miss this session.

Answering Employee questions on 401(k) Plans – Best Practices For Fiduciaries

with John A. Frisch

This program has been approved for 1.5 HR General Recertification Credits by HRCI and 1.5
SHRM Recertification Credits.

Defined contribution retirement plans are subject to ERISA and its complex rules.
Understanding the rules and employing best plan management practices can result in a better
401(k) plan, one that helps employees better build toward financial security in retirement while
also helping plan sponsor fiduciaries manage risk. Best Fiduciary Practices for 401(k) Plans
promises valuable takeaways for human resources and benefits professionals. "Test Your
Knowledge" questions throughout the presentation will help attendees apply key points to their
own workplace situation.

Data Breach Response for the HR Professional with Karla Grossenbacher

This program has been approved for 1.25 HR General Recertification Credits by HRCI and 1.25
SHRM Recertification Credits.

This interactive session will teach you the critical steps you need to follow in the wake of a
security incident. Whether or not the incident rises to the level of a "data breach," you want to
make sure you are taking the right steps to protect your data and your company. The session will
cover the legal framework applying to data breaches, big or small, and discuss best practices.
Session attendees will also participate in interactive tabletop exercises that will allow them to
work through those steps and learn best practices.

The #MeToo Movement and the Current State of Sexual Harassment Claims with
Matthew Stiff

This program has been approved for 1.25 HR General Recertification Credits by HRCI and 1.25
SHRM Recertification Credits.

There can be no doubt that the #MeToo Movement has been a seismic event in Western culture,
and its impact is especially strong in the American workplace. Using hypothetical situations, Mr.
Stiff will offer the perspective of a plaintiff’s attorney on the current state of sexual harassment
claims. His discussion will address the recent headline-grabbing sexual harassment scandals
and highlight important lessons learned from those events. Mr. Stiff also will offer a plaintiff
lawyer’s perspective on best practices for HR professionals in dealing with sexual harassment
concerns, including an examination of common mistakes by HR departments that he encounters
in his practice. He will provide his views on how to best approach would-be plaintiffs when
 discussing these complex and emotionally fraught matters, as well as suggestions for best
practices on internal investigations that can withstand later scrutiny.

Regular registration deadline: 16 March 2018

REGULAR REGISTRATION RATES

Member Rate: $135
Non-Member Rate: $185
LATE REGISTRATION RATES
Member Rate: $150
Non-Member Rate: $200

REGISTER NOW!

NOVA SHRM Open Positions

SIG Co-Leader: Employee Relations & Engagement (ERE) SIG

NOVA SHRM is currently recruiting for a co-leader to help lead our Employee Relations &
Engagement (ERE) Special Interest Group (SIG). As SIG Co-Leader, you will be responsible for
planning and hosting quarterly events related the field of employee relations and employee
engagement. This includes identifying speakers, coordinating event logistics and marketing events.
Experience in employee relations and/or employee engagement preferred. Come be part of the award-
winning NOVA SHRM organization and increase your own professional network and knowledge.

SOCIAL MEDIA STRATEGIST (Note: Non-Voting Position)

The Social Media Strategist will craft and carry out an effective online member engagement strategy
via NOVA SHRM’s social media channels. The Strategist will manage, update and enhance our social
media presence in alignment with marketing and communication efforts and in support of the
chapter’s goals, programs and events. Represents the Chapter in the Human Resources community.
Minimum time commitment per month: 10 hours.

If interested, please submit your resume and self nomination form to Sharifa Gomez - NOVA SHRM’s
Executive Director at novashrmexecutivedirector@gmail.com.

Top News
 Creating an Effective Employee Mobility Program
Arlington Transportation Partners

In the Washington, DC region, the average employee spends 40-minutes to commute over 17
miles one-way. Tardiness isn’t the only concern when it comes to employees who get stuck in
traffic, a lengthy commute can also result in decreased employee engagement and productivity as
well as increased healthcare expenses.

READ FULL TEXT

Originally published as "Creating an Effective Employee Mobility Program"

Copyright 2018. All rights reserved.

Photo by Nabeel Syed on Unsplash

Why Walmart Expanded Parental Leave — and
How to Convince Your Company to Do the Same
Harvard Business Review

Walmart will soon offer better parental leave than most U.S. companies. The new policy for
biological parents, announced in January, will go into effect on March 1, according to a company
spokesperson. The company already has rolled out a more generous policy for adoptive parents.

READ MORE

Originally published as "Why Walmart Expanded Parental Leave - and How to Convince Your Company to Do the Same"
Copyright 2018. All rights reserved.

Photo by Annie Spratt on Unsplash

 The #MeToo Movement and Sexual
Harassment in the Workplace
FrankCrum

The #MeToo movement, a campaign against sexual harassment and assault, is making headlines
across the country. Women from all walks of life are using the hashtag to stand against those who
have wronged them with unwelcome sexual advances on the job.

READ MORE

Originally published as "The #MeToo Movement and Sexual Harassment in the Workplace"
Copyright 2018. All rights reserved.

Photo by rawpixel.com on Unsplash

 To Reduce Burnout on Your Team, Give
People a Sense of Control
Harvard Business Review

Among employers in the U.S., salary increase budgets are expected to grow by 3.2 percent in
2018, up from a 3.1 percent increase in 2017 and 3.0 percent in 2016, according to a May
forecast.

READ MORE

Originally published as "To Reduce Burnout on Your Team, Give People a Sense of Control"
Copyright 2018. All rights reserved.

Photo by Lesly Juarez on Unsplash

Upcoming Events
2018 Legal Academy
03/21/2018
Don't miss an opportunity to obtain 6.5 SHRM/HRCI recertification credits!

Government Contracting SIG: Cybersecurity: What a Federal Contractor

Needs to Know
03/23/2018
Cybersecurity remains at the forefront of hot topics in federal contracting.

Total Rewards SIG: Is Your Compensation Program Producing the Results

You Need?
04/13/2018
Having an established strategy that states how your organization views and manages pay and benefits can help ensure
you receive a return on your investment...

2018 VA State SHRM Conference

04/22/2018
2018 VA State SHRM Conference: Color My World In HR Sunday April 22, 2018 – Wednesday April 25, 2018.

Our Sponsors

Career Center

Human Resources Supervisor - The Results Companies - Martinsville, VA

03/11/2018

Recruiter - Outreach Support - Kingfisher Systems Inc - Richmond, VA

03/11/2018

Lead HR/Benefits Specialist - HR Administration -86875 - West Virginia

University Hospitals, Inc. - Morgantown, WV
03/11/2018
Director, Human Resources in McLean, VA at Booz Allen Hamilton - Booz
Allen Hamilton - McLean, VA
03/10/2018

Health Human Resources Manager/Talent Advisor, Senior in McLean, VA

at Booz Allen Hamilton - Booz Allen Hamilton - McLean, VA
03/09/2018

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