Horses, Tattoos and Guns… - Littler...

Horses, Tattoos and Guns…Accommodation Issues and Solutions

for Today’s Workplace

Presented by:Littler Mendelson, P.C.

July 31, 2013

Robert W. ContiLittler Mendelson, P.C.

Shareholder, Orange County949.705.3034

[email protected]

Presented by:

Helene WassermanLittler Mendelson, P.C.

Shareholder, Los Angeles213.443.4288

[email protected]

The scene is a grocery store environment. The discussion is about a candidate for employmentnamed Brianna.

But She’s Going to Scare the Hell out of the Customers

Copyright 2013 Littler Mendelson P.C.

Take-Aways

• Is it a “Religion”?• Reasonable accommodation required

unless undue hardship• Review Grooming &

Dress policies• Train Supervisors and

Employees


The scene is a call center environment. Roberto, the HR professional, is meeting with Emily, the General Manager of the call center.

Get Them to the Phones on Time


Take-Aways

• Employees must be paid for all hours worked

• Pre- and Postliminary Activities– Are they integral & indispensable

to employee’s principal activity• De minimis rule may not apply• Review timekeeping policies

& practices


Johnny’s Got a Gun

Operations Manager in manufacturing location is raising a concern with HR about an hourly worker carrying guns in the trunk of his car. The operations manager is Jim. The HRprofessional is Mackenzie.


• OSHA General Duty Clause• Workers’ Compensation,

Negligence, Vicarious Liability and Other Torts

• Know Gun Laws in Your State Guns in Parking Lot Vehicle Searches Posting Requirements Anti-Discrimination

• Workplace Violence Policy & Protocol

• Risk/Benefit Analysis

Take-Aways


But She Won’t Be Here When We Need HerThe setting is a corporate environment and, specifically, the accounting department, which has a big, important project coming up in about 4 months. There is an open requisition for a senior auditor position. Discussing what to do in these circumstances are Cindy, the Director of Auditing, and Melanie, the HR professional.


• Why is there pregnancy discrimination? It does occur, and not just by males

• Is unavailability a legitimate basis for the decision? It may be, but only on a “sort of undue hardship” basis

• Communicate with the employee if appropriate about situations like this – otherwise, misunderstandings will occur

Take-Aways


Let’s Play Detective

Distribution center manager is upset because he has learned that an employee on FMLA leave is spending two weeks in Daytona Beach, FL. The manager, Brendan, is discussing his feelings about the situation with HR professional Marcus.


Take-Aways

• Know the employee’s medical restrictions & recertify

• Use only in egregious cases with pattern of abuse

• Use a licensed investigator, limit to public areas


This is a manufacturing setting – a fabrication shop where thework is relatively physical and fairly dangerous. One of theemployees, Melvin Johnson, has worked there since he was 27years old. He is just about to turn 72. A manager (Bobby) and anHR professional (Curtis) are discussing what to do.

Isn’t it Time, Melvin?


• It’s hard to say goodbye• But sometimes it’s the right

thing to do• Consider declining

performance, but consider soft options as well

• Make sure you evaluate the real facts related to possibilities such as retirement and LTD, and choose your words very carefully

Take-Aways


He Wants What Kind of Horse?

The scene is an office environment – an accounting firm in Raleigh NC. One of the lower level accountants in the firm, Roger, was involved in a serious car wreck. Today is Roger’s first day back to work, and he is meeting with Jillian in HR.


• Don’t rely on Title III’s definition of service animals in the employment context

• Understand why it’s needed and what it can do

• Avoid kneejerk rejection and instead engage in interactive process

Take-Aways


Questions?


Horses, Tattoos and Guns…

Accommodation Issues and Solutions for

Today’s WorkplaceJuly 31, 2013

Robert W. ContiHelene Wasserman

Littler Mendelson, P.C.


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Robert W. ContiShareholder

2050 Main Street

Suite 900

Irvine, CA 92614

main: (949) 705-3000

direct: (949) 705-3034

fax: (949) 724-1201

[email protected]

Practice Areas

Complex Litigation and Jury Trials

Discrimination and Harassment

Higher Education

Training - Compliance, Ethics, Leadership

Transportation

Overview

Robert W. Conti represents both private and public sector employers in all aspects of labor and employment law, including

the litigation of bench and jury trials in both federal and California state courts and before various administrative agencies,

such as the National Labor Relations Board, the California Division of Labor Standards and Enforcement and the

California Occupational Safety and Health Administration. He has specific knowledge of claims arising under:

• Title VII

• The Americans with Disabilities Act

• The Fair Employment and Housing Act

• The California Workers' Compensation Act

• The California and federal family leave Acts

In his traditional labor law practice, Robert assists clients with collective bargaining negotiations, representation

campaigns and hearings, and alternative dispute resolution. He also has handled airline pilot arbitrations.

On a daily basis, he also provides advice to clients on wage and hour issues, reasonable accommodation concerns, and

the documentation, discipline, and discharge of employees.

His interest in labor and employment law began when he was working at a television station in Los Angeles, where he

organized a unit in the newsroom and bargained for both the local contract and the union national contract.

A regular lecturer for various educational groups, Robert also provides training in sexual harassment prevention and other

topics to a variety of employers, which includes:

Robert W. Conti

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• Private and public colleges and universities

• Local and national private employers

• School districts

During law school, Robert clerked for the California Department of Fair Employment and Housing and for a union-side law

firm. After graduating, he started working for a national management-side labor and employment firm and then worked in

the labor and employment departments of a national entertainment law firm.

Professional and Community Affiliations

• Member, Board of Directors - Orange County Lavender Bar Association

Recognition

• Nominee, two local EMMY awards

• Recipient, Best Feature Reporting - Los Angeles Press Club

• Named, Super Lawyer, 2008-2010

Education

J.D., Loyola Law School Los Angeles

B.S., University of Southern California

Bar Admissions

California

Publications & Press

February 21, 2013 The 2012 Global Employer: Highlights of Littler's Fifth Annual Global Employer Institute Littler Report

April 27, 2011 Cuiellette v. City of Los Angeles, a Tale of Two Standards Littler ASAP

March 30, 2010 Littler Mendelson Welcomes Robert Conti to the Orange County Office Littler Press Release

Speaking Engagements

July 31, 2013 Horses, Tattoos and Guns… Accommodation Issues and Solutions for Today’s Workplace Littler Mendelson, Long Beach, CA

Robert W. Conti

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February 1, 2013 Employment Law Update Joint Winter Meeting - SoCal CUPA-HR and Southern California HERC, Costa Mesa, CA

November 9, 2012 Out & About: LGBT Issues and the Globally Mobile Workforce Global Employer Institute, Littler Mendelson, Washington D.C.

May 11, 2012 Defusing the Potential Explosion: Practical Approaches to Disarming Employment Law Time-Bombs in Your Workplace The 2012 Executive Employer® Conference, Littler Mendelson, Scottsdale, AZ

May 11, 2012 Defusing the Potential Explosion: Practical Approaches to Disarming Employment Law Time Bombs in Your Workplace The 2012 Executive Employer® Conference, Littler Mendelson, Scottsdale, AZ

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Helene WassermanShareholder

633 West Fifth Street

63rd Floor

Los Angeles, CA 90071

main: (213) 443-4300

direct: (310) 772-7288

fax: (213) 443-4299

[email protected]

2049 Century Park East

5th Floor

Los Angeles, CA 90067

main: (310) 553-0308

direct: (310) 772-7288

fax: (310) 553-5583

[email protected]

Practice Areas

Complex Litigation and Jury Trials

Class Actions

Wage and Hour

Discrimination and Harassment

Hospitality

Overview

Helene J. Wasserman has spent her entire career practicing exclusively in the area of labor and employment law. She

appears before state and federal courts and administrative agencies and handles litigation matters, including trial practice,

arbitration and mediation. She has specific experience with claims involving:

• Title VII

• The Americans with Disabilities Act

• The Fair Employment and Housing Act

• The Family and Medical Leave Act

• The Fair Labor Standards Act

• The California Family Rights Act

• California wage and hour laws

Additionally, Helene provides day-to-day counseling and advice on:

• Hiring

• Discipline and termination of employees

• Wage and hour matters

• Downsizing

• Workplace violence

• Compliance with all state and federal employment laws

In addition, she conducts in-house training on a wide array of topics.

Helene Wasserman

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An avid podcaster and the host of the EmployerHelpCast, which focuses on topics of interest to employers, Helene is

frequently featured and quoted in various publications on subjects ranging from all aspects of employment law to the

use of technology in the legal profession. She also presents on various employment law-related topics for professional

associations and delivers numerous in-house presentations for clients.

Helene often works with clients and small businesses in the hospitality, staffing, construction and transportation industries.

Helene started her career in employment law in Littler Mendelson's San Francisco office. She also spent time working at a

small Los Angeles employment law boutique and a national employment law firm before returning to Littler in 2008. She is

currently developing the Littler LA Associate Mentorship program.

Professional and Community Affiliations

• Member, Litigation Section - Los Angeles County Bar Association

• Member, Beverly Hills Bar Association

• Member, Conference of California Bar Associations

• Secretary, Conference of California Bar Associations

• Volunteer/participant, AVON 3-Day walks

• Former chair, Conference of California Bar Associations - Delegation from the Los Angeles County Bar Association

• Former member, Conference of California Bar Associations Statewide Resolutions Committee

Recognition

• Awarded, Martindale-Hubbell AV® Peer Review Rating

• Named, Women Leaders in Law, Los Angeles Times, 2012

Education

J.D., University of San Diego School of Law, 1987

B.A., University of California Los Angeles, 1984

Bar Admissions

California

Courts

U.S. Supreme Court

U.S. Court of Appeals, 9th Circuit

U.S. District Court, Central District of California

U.S. District Court, Southern District of California

U.S. District Court, Northern District of California

U.S. District Court, Eastern District of California

Helene Wasserman

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Publications & Press

April 15, 2013 A funny thing happened in response to my Craigslist ad Multihousing Professional

March 29, 2013 How to Handle March Madness in Your Office The Street

February 11, 2013 Rules Blunt Risk of Office Affairs Wall Street Journal and Wall Street Journal Blog

June 1, 2012 The perils of hooking up with your boss MSNBC.com

May 7, 2012 Manager: Available position offered to younger employee Verdict Search

April 26, 2012 Stop California’s Legal System from Going Back in Time Daily Journal

February 10, 2012 “Love Contracts”: Protect Your Company from a Potential Lawsuit This Valentine’s Day Human Resources IQ

December 23, 2011 Teacher Can't Sue Church School for FEHA Violations Littler ASAP

December 8, 2011 Holiday Parties: Five Key Issues Employers Should Proactively Watch and Plan For Human Resources IQ

December 8, 2011 Holidays can bring employee issues to businesses The Boston Globe

Helene Wasserman

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November 16, 2011 California Court of Appeal Declines to Hold Individual Supervisors Liable for Discrimination or Retaliation Under California

Military and Veterans Code Littler ASAP

November 3, 2011 California Appellate Court Addresses when Employers Are Liable for Injuries Caused by Their Employees Littler ASAP

October 27, 2011 The stork has landed: Employers (and insurers) must provide pregnancy benefits Los Angeles and San Francisco Daily Journal

October 19, 2011 The Stork Has Landed: California Employers Must Maintain and Insurers Must Provide Pregnancy Benefits Littler ASAP

August 26, 2011 California Supreme Court Resolves Who Is Responsible if an Employee of an Independent Contractor Is Injured on the

Job Littler ASAP

August 17, 2011 California Appeals Court Affirms Employer's Right to Not Hire Possibly Disabled, But Admittedly Dishonest, Applicant Littler ASAP

August 15, 2011 California Appeals Court Expands Admissibility of "Me Too" Evidence Littler ASAP

December 11, 2009 California Supreme Court Blurs Discrimination-Harassment Distinction Littler ASAP

July 16, 2008 Littler Mendelson Strengthens LA Presence with Employment Litigation Expert Helene Wasserman Littler Press Release

June 2008 Video Podcasts: It’s Showtime! Inc. Technology

Helene Wasserman

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May/June, 2008 The Firing Squad: Whether its due to a bad apple or the troubled economy, terminating an employee is something many

managers dread. Here’s how to do it with dignity Pink Magazine

April 14, 2008 Starbucks demands legal clarity as $106M tip loss inspires ‘copycats’ Nation’s Restaurant News

March 10, 2008 Experts Offer Their Keys to Help You Run Up the Corporate Ladder Mediabistro

March 2008 Smile, You’re on the Company Webcam Inc. Technology

March 2008 More States Adopt Workplace Breastfeeding Protections Workforce Magazine

February 26, 2008 All Work, No Play Los Angeles Daily Journal

February 7, 2008 Does Cupid Have Your Employees In His Sights? California Executive

January 29, 2008 Employers Given the Green Light to Screen Out Medical Pot Users California Executive

January 2008 Getting the Weight Off: Employers can choose from a variety of programs to help workers lose weight, but results remain

elusive HR magazine

December 17, 2007 Celebrate Now, Without Litigating Later Bloomberg Law Reports, Labor and Employment

Helene Wasserman

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December 2007 Blind Access Inside Counsel

October 31, 2007 Q&A With Helene Wasserman Employment Law 360

October 22, 2007 Launching Pod Los Angeles Business Journal

October 1, 2007 Exercise Smarts When Battling Obesity in the Workplace California Executive

August 20, 2007 New Harassment Training Rules Take Hold In California Employment Law 360

August 16, 2007 Finding What Clicks: More Attorneys Meet Clients Online Los Angeles Daily Journal

Speaking Engagements

July 31, 2013 Horses, Tattoos and Guns… Accommodation Issues and Solutions for Today’s Workplace Littler Mendelson, Long Beach, CA

July 17, 2013 Top Five Mistakes Small Businesses Should Avoid San Fernando Valley Dental Association

July 11, 2013 They’re Not Our Employees. Really! Legal Compliance in the Age of the Contingent Workforce Ventura County Chapter - American Payroll Association

April 18, 2013 Top Five Mistakes Small Businesses Need to Avoid California Dental Association, Los Angeles, CA

March 20, 2013 Exacerbating the Exasperating: Untangling the Leave of Absence Web HR Star Conference, Los Angeles, CA

Helene Wasserman

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November 8, 2012 Dealing with Performance Issues and Misconduct: The Road to Discipline and Termination EEOC Training Institute - U.S. Equal Employment Opportunity Commission, Oxnard, CA

November 2, 2012 Essential Employment Law Issues Continuing Education of the Bar

September 13, 2012 California’s Definition of Disability and What that Means to You Professionals in Human Resources Association (PIHRA)

May 10, 2012 Background Checks 2012: Can Employers Still Investigate their Employees & Applicants? The 2012 Executive Employer® Conference, Littler Mendelson, Scottsdale, AZ

March 13, 2012 Are the Economic Blues Putting your Business in the RED: How to Recognize, Address, and Accommodate Substance

Abuse in the Workplace Littler Mendelson, Los Angeles, CA

March 7, 2012 There's An App for That: The Latest in Law Practice Applications for iPad and Other Tablets 32nd Annual Labor and Employment Law Symposium - Los Angeles County Bar Association

February 29, 2012 Workplace CSI – Conducting Workplace Investigations HR Star Conference, Los Angeles, CA

January 18, 2012 2012 Southern California Legal Update Littler Mendelson, Los Angeles, CA

October 2011 Drilling Down to the Root of Employment Law Matters San Fernando Valley Dental Association

April 2011 Family Responsibilities Discrimination in a Changing Workplace California Continuing Education of the Bar

March 30, 2011 Workplace Investigations HR Star Conference

Helene Wasserman

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November 21, 2009 Essential Employment Law Issues for California Businesses Littler Mendelson, Los Angeles, CA

With more than 950 attorneys and 57 offices, Littler Mendelson is the largest U.S.-based law firm

exclusively devoted to representing management in employment and labor law matters. Littler has

extensive resources to address the needs of U.S.-based and multi-national clients from navigating

domestic and international employment laws and labor relations issues to applying corporate

policies worldwide.

Given our singular focus in the area of labor and

employment law, many Littler attorneys have spent their

careers cultivating full-time practices solely devoted to

employment law subspecialties, such as international

employment and labor law, class action prevention and

litigation, immigration and global migration, unfair

competition and trade secrets, labor relations, privacy and

employee benefits. Preventative programs such as class

action audits help employers to correct problems before

they develop into costly and time-consuming lawsuits. And our commitment to using state-of-the-

art technology enables attorneys and staff to share vital knowledge with clients and each other at

a moment’s notice across multiple time zones.

Littler is also notable for delivering online and live training programs and legal handbooks

that help employers to ensure their organizations comply with laws everywhere they have

operations. Our reputation as one of the leading providers of employment law education is

further reinforced by the many informative seminars we hold each year, including our flagship

The Executive Employer® Conference.

Established in 1942, Littler has litigated, mediated and negotiated some of the most influential

employment law cases and labor contracts on record. Every day Littler strives to simplify the

business of employment law — leaving clients free to focus on the bottom line. To learn more,

visit us online at littler.com.

Littler

Throughout its history, Littler Mendelson has litigated, mediated and negotiated some of the most influential employment law cases and labor contracts on record.

CCllaassss AAccttiioonnss

Class

Today’s litigious environment and constantly changing regu latory landscape raise extraordinary questions and risks for employers.

Littler’s Areas of Practice

and Termination

raining — Compliance, Ethics, Leadership

ransportation

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www.littler.com 3.20

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Littler Office Locations

Littler Mendelson, P.C.2050 Main Street, Suite 900Irvine, CA 92614 Phone: 949.705.3000

About Littler MendelsonLittler Mendelson is the world’s largest labor and employment firm exclusively devoted to representing management. With over 950 attorneys and 57 offices throughout the U.S. and globally, Littler has extensive resources to address the needs of U.S.-based and multi-national clients from navigating domestic and international employment laws and labor relations issues to applying corporate policies worldwide. Established in 1942, the firm has litigated, mediated and negotiated some of the most influential employment law cases and labor contracts on record.

www.littler.com

Orange County Office

Mindy H. Baldwin Associate

Benjamin E. Goldman Special Counsel

Maria R. Harrington Shareholder

Alaya B. Meyers Shareholder

Jon G. Miller Shareholder

Heather M. Peck Associate

Muizz K. Rafique Associate

Bruce J. Sarchet Shareholder

D. Chad Anderton Shareholder

Robert W. Conti Shareholder

Mustafa S. El-Farra Associate

Rich S. Falcone Shareholder

Gayle L. Gonda Associate

Michael A. Gregg Shareholder

Candace M. Harrison Shareholder

Jim Hart Shareholder

Wayne A. Hersh Shareholder

Fermin H. Llaguno Office Managing Shareholder

Attorneys

Meghann J. Barloewen Knowledge Management Counsel

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Highlight

Littler Mendelson, P.C.633 West Fifth Street, 63rd Floor Los Angeles, CA 90071 Phone: 213.443.4300Office Managing Shareholder: Robert S. Blumberg

Attorneys

2049 Century Park East, 5th FloorLos Angeles, CA 90067 Phone: 310.553.0308Office Managing Shareholder: Robert S. Blumberg

www.littler.com

Los Angeles Office

Rebecca M. Aragon Shareholder

Robert S. Blumberg Office Managing Shareholder

Tanja L. Darrow Shareholder

Daniel L. Gonzalez Associate

Barrett K. Green Shareholder

Steven A. Groode Shareholder

Mark J. Grushkin Shareholder

Courtney J. Hobson Special Counsel

Michelle M. Holmes Associate

K. Kayvan Iradjpanah Associate

Janel R. Ablon Special Counsel

Maggy M. Athanasious Associate

Ruth Benson Special Counsel

Shannon R. Boyce Shareholder

Brandie N. Charles Shareholder

Haven Claytor Shareholder

Dina K. Cohen Special Counsel

Eric A. Cook Associate

Heather M. Davis Of Counsel

Christopher Dengler Associate

Jaffe D. Dickerson Shareholder

Danielle G. Eanet Associate

William J. Emanuel Shareholder

Ryan P. Eskin Shareholder

Joshua Z. Feldman Shareholder

Margaret H. Gillespie Shareholder

Judy M. Iriye Of Counsel

www.littler.com

Attorneys (continued)

Corinn Jackson Knowledge Management Counsel

Diane L. Kimberlin Shareholder

Connie L. Michaels Shareholder

Tony R. Skogen Shareholder

Craig G. Staub Shareholder

Samuel H. Stein Shareholder

Jennifer Tsao Associate

Ian T. Wade Shareholder

Helene Wasserman Shareholder

Douglas A. Wickham Shareholder

Keith A. Jacoby Shareholder

Kara L. Jassy Shareholder

Carlos Jimenez Associate

Stephanie Gail Lee Associate

Gordon A. Letter Shareholder

Scott M. Lidman Shareholder

Frank E. Melton Shareholder

Dominic J. Messiha Shareholder

Robert F. Millman Shareholder

Sarah M. Milstein Associate

Jennifer L. Mora Associate

Miranda A. Mossavar Associate

Mark W. Robbins Shareholder

Lauren E. Robinson Associate

Parini P. Shroff Associate

Anthony G. Ly Associate

Elizabeth Staggs Wilson Shareholder

Alecia Whitaker Winfield Shareholder

Greg P. Wong Shareholder

Kevin Lilly Shareholder

Vartan S. Madoyan Associate

David S. Maoz Associate

Fatemeh S. Mashouf Associate

Sarah Ross Associate

Demery Ryan Shareholder

Naomi Sheridan Associate

Monica M. Quinn Shareholder

Shahram Samie Associate

Sam Sani Associate

Amir Nayebdadash Associate

Carly Nese Associate

Eugene Ryu Shareholder

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Highlight

Get access to the latest state-by-state research from Littler Mendelson, the nation’s largest labor and employment law firm. Find answers to your multistate employment law questions and see how newly passed legislation and regulations will affect your organization. The Littler GPS online database provides user-friendly functionality, including full-text content search and intuitive navigation, all tailored to the jurisdictions you select. Updated weekly, Littler GPS can keep you informed by sending email alerts with links that allow you to quickly navigate to the new information.

Don’t Get Lost in the Ever-Increasing Traffic of State Laws: Littler GPS® is your roadmap

Questions?If you have questions about Littler GPS or would like to set up a trial subscription, contact #[email protected]

5.2013

A True State-by-State ComparisonFrom wage payment to workplace safety, records access to protected leave, Littler GPS allows you to choose from Littler’s comprehensive library of more than 55 research topics. Quickly see what workplace posters need to be displayed in Tennessee. Then compare that to Pennsylvania, Texas and Idaho side-by-side. Better yet, view all 50 states, the District of Columbia, and federal requirements all at once. If you find a critical piece of information for a particular set of jurisdictions, you can easily share exactly what you’re seeing with your colleagues through a convenient ‘Share by e-mail’ function.

Legislation and Regulations in Plain EnglishLittler GPS is your link to employment and labor-related legislation and regulations that have been enacted recently at the state and federal level. This interactive tool does more than just notify you that a new law has passed providing for paid family leave in California or of changing EEO reporting requirements in Wisconsin. The tool also provides concise, substantive analysis by Littler subject matter experts of how employers will be impacted, and most importantly, what employers need to do to comply. The analysis is accompanied by a link, when available, to the full text of the legislation or regulation as well as action items and practical suggestions for implementing the new requirements.

PricingLittler GPS is aggressively priced to get you full access to the wealth of information and research discussed above at the lowest possible cost. There are also subscription options for employers who prefer to focus on specific jurisdictions or topic areas.

The healthcare reform law (also known as the Patient Protection and Aff ordable Care Act, the Aff ordable Care

Act, or the “ACA”) has created new obligations, the full force of which will take eff ect in 2015. However, many

employers must soon make decisions that will have a direct impact on the healthcare they will be off ering in

the coming years. The requirements of the ACA are extremely complex and its legal implications extend well

beyond ERISA and the Internal Revenue Code.

The Littler Healthcare Reform Consulting Group (HCR Consulting Group) is here to help. The HCR Consulting

Group is comprised of some of our most experienced employee benefi ts attorneys. Littler is situated to

provide real-world legal advice not only in regard to healthcare plans but also on the risks arising due to the

ACA under other areas of law such as the FLSA, Title VII, whistle-blower statutes, and traditional labor.

Littler’s Healthcare Reform Consulting Group: Providing Guidance in Uncertain Times

–ATTORNEY ADVERTISING–

To access Litter’s Healthcare Reform Advisor, go to www.tinyurl.com/hcradvisor

Services Provided By HCR Consulting GroupEmployers can use Littler’s Healthcare Reform Advisor, an innovative online system, to determine whether

they are at risk of having to pay a penalty under the ACA’s “pay or play” mandate. For those who complete

the online evaluation, the HCR Consulting Group also offers a brief complimentary consultation to discuss the

results and potential risks for penalties under the ACA.

The HCR Consulting Group advises clients on a range of issues related to healthcare reform, including:

• Review and revision of existing health plan documents to ensure ACA compliance.

• Analysis of employment demographics to determine whether workforce restructuring would

enhance ACA compliance and assistance in analyzing the legal risks inherent in a restructuring

strategy considering each client’s unique business needs.

• Assistance in developing internal company task forces for ACA implementation issues.

• Advice on tax consequences of ACA compliance.

• Creation of new documents, including wrap plans, SPD, insurance documents, and other formal

plan documents.

• Balance of possible changes designed to comply with the ACA with the risks arising under the

FLSA, WARN, Title VII, whistle-blower statutes and other laws.

• Ongoing legal advice.

Clients who utilize the HCR Advisor will have access to a web portal which will provide periodic updates on

ACA regulatory and legislative developments—and individual state action regarding health care exchanges.

The HCR Consulting Group will also offer a free monthly webinar series discussing specific ACA topics and

recent developments.

About Littler MendelsonLittler Mendelson is the world’s largest labor and employment law firm exclusively devoted to representing

management. With over 950 attorneys and 57 offices throughout the U.S. and globally, Littler has extensive

resources to address the needs of U.S.-based and multi-national clients from navigating domestic and

international employment laws and labor relations issues to applying corporate policies worldwide. Established

in 1942, the firm has litigated, mediated and negotiated some of the most influential employment law cases

and labor contracts on record.

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For more information, please contact any of the chairpersons of the HCR Consulting Group

Steven Friedman at [email protected] Ilyse Schuman at [email protected]

Melissa Kurtzman at [email protected] Judith Wethall at [email protected]

–ATTORNEY ADVERTISING–

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