New FMLA Enforcement Initiative: Roadmap for Heading Off FMLA Complaints and Handling DOL Investigations

Structuring Compliance Processes and Self-Audits to Mitigate Employer Liability

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, June 25, 2014

Recorded event now available

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Program Materials

This CLE webinar will equip employment counsel with practical techniques to avert and/or confront initial FMLA complaints and for handling on-site DOL investigations. Our panel will outline strategic techniques for structuring compliance processes and self-audits to mitigate employer liability.

Description

In recent months, the DOL announced an FMLA enforcement initiative consisting of on-site investigations. Investigators will review policies, interview employees and much more. An investigation can be triggered by a specific complaint, but the DOL also intends to launch its own review of employer FMLA policies.

This new initiative spells trouble for many employers struggling with FMLA compliance. Employment counsel should provide recommendations on developing and implementing employer self-audits to head off FMLA violations before a DOL investigation is on the horizon.

Counsel must advise clients on responding to initial FMLA complaints and what to expect during and after an on-site DOL investigation. Counsel must also provide guidance to employers on strategic cooperation with the DOL and how to avoid a broader, systemic investigation.

Listen as our authoritative panel provides attendees with practical guidance to head off or handle an on-site DOL FMLA investigation and avoid systemic investigations. The panelists will focus on areas of particular concern to employers such as intermittent leave and medical certification in the context of an investigation.

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Outline

  1. Initial FMLA complaints
  2. Incorporating latest regulations into policies and procedures
  3. Self-audits
  4. On-site DOL FMLA investigations
    1. Advance preparation
    2. Preparation upon notice
  5. On-site employee interviews by DOL investigator

Benefits

The panel will review these and other key questions:

  • What should employers' FMLA policies and procedures include to prevent, mitigate or respond to a DOL investigation?
  • What are the best practices for counsel to offer employers in conducting self-audits?
  • What are key considerations for crafting a response to a DOL investigation to mitigate or avoid systemic investigations?
  • What are the legal guidelines for employers preparing for a DOL investigator’s interview of its employees?

Faculty

Marti Cardi
Marti Cardi

VP, Legal & Chief Compliance Officer
Reed Group

Ms. Cardi is responsible for ensuring compliance with state, federal, and local leave and employment laws. Her team...  |  Read More

Joseph J. Lynett
Joseph J. Lynett

Shareholder
Jackson Lewis

Mr. Lynett is a regional coordinator of the firm’s Disability, Leave and Health Management Practice Group,...  |  Read More

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